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HomeMy WebLinkAboutA4787 - CVAG MOU RE FUGITIVE DUST CONTROL MEASURES L 1 i-Ys f i nr�S CLERK', OPY When the attached document is ful ezeouted, please 'foiwa the I marked"CI"CLERKS-C to ce 1 - - - the Clerk of the SuperYisors- _�. _ 1 - Step f(1010 2 MEMORANDUM OF UNDERSTANDI Thankyou ESTABLISHING AN ONGOING, MULTI-JURISDICTIONAL 3 RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION, 4 AND ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE COACHELLA. VALLEY 5 6 This Memorandum of Understanding made the day of ., 2004, is entered into 7 by the County of Riverside, Cathedral City, City of Coachella, City of Desert Hot Springs, City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, and City of Rancho 8 Mirage (collectively, CITIES), the Coachella Valley Association of Governments (CVAG) and the South Coast Air Quality Management District(District). 9 10 I. This Memorandum of Understanding (MOM is made with reference to the following recitals: I A. Air pollution remains a significant public health concern in many parts of California, and specifically in the Coachella Valley, 12 B. The Coachella Valley consists of the following local jurisdictions: 13 14 County of Riverside, Cathedral City, City of Coachella, City of Desert Hot Springs, City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, and 15 City of Rancho Mirage, Each of these jurisdictions are members of the CVAG. 16 C. The District is an air district established pursuant to the California Health and Safety Code, beginning with Section 40400. Under State law, air districts have the primary responsibility 17 for the control of air pollution from all sources, other than tailpipe emissions from motor 18 vehicles- The District has the authority to adopt, implement, and enforce air quality rules and regulations; and, by prior agreement, the responsibility to provide technical expertise, outreach 19 training, and enforcement support to the local agencies within its jurisdiction. 20 D. The CITIES that comprise the CVAG have local authority for controlling dust emissions from construction activities, disturbed vacant lands, unpaved roads and parking lots, and paved road 21 dust. By prior agreement, these jurisdictions have lead responsibility for enforcing both local 22 ordinances and approved Fugitive Dust Control Plans. 23 E. The transport of fugitive dust, as a result of man-made activities, is an ongoing challenge to promoting economic growth and meeting federal standards for airborne fugitive dust (PM10) 24 in the Coachella Valley. The health impacts and public nuisance potential of uncontrolled dust 25 are a recognized concern of everyone who works or lives in this envirm onent. 26 F. PM10 levels in the Coachella Valley exceeded the federal standard in 1999 after six years of compliance. To reduce these levels and regain attainment status, the CITIES have individually 27 adopted ordinances with measures for reducing fugitive dust emissions. 28 1 I G. A key element to implementing a successful program for reducing PM10 emissions and demonstrating sustained compliance is to establish a fonnal working relationship between the 2 CITIES, CVAG and the District. 3 H. Based on the foregoing, an ongoing cooperative relationship is hereby established between the 4 CITIES, CVAG and the District to ensure the development and implementation of appropriate dust control plans, to comply with District regulations, to comply with the Federal Clean Air 5 Amendments (CAA) mandates, and to help achieve attainment of federal and state air quality standards. 6 7 11. NOW, THEREFORE, in consideration of the mutual interests and benefits to be derived from 8 the emissions reductions resulting from cooperative efforts of the CITIES, CVAG, and the District, the parties hereto agree as follows- 9 A. The CITIES will: 10 I 1. Take lead responsibility for adopting and enforcing both local ordinances and approved Dust Control Plans. A Dust Control Plan is a plan to control fugitive dust through the 12 implementation of Coachella Valley Best Available Control Measures, such that fugitive dust emissions are in compliance with District Rule 403. 13 2. Approve Dust Control Plans for all qualifying activities or man-made conditions capable of 14 generating fugitive dust emissions within their area of authority. 15 3. Follow the guidance provided in the most recently approved Coachella Valley Fugitive Dust 16 Control Handbook (Handbook), and uniformly implement and enforce the Handbook provisions in the review and approval of Dust Control Plans, 17 4. After April 1, 2004 approve a Dust Control Plan only to an Operator who produces a signed 18 "Certificate of Completion," issued by the District, demonstrating that the individual officially designated in the proposed Dust Control Plan as the person responsible for fugitive dust 19 control at the site has completed the Coachella Valley Fugitive Dust Control Class. For 20 purposes of this MOU, the term "Operator" includes any person, or his or her designee, that owns, leases, operates, controls, or supervises any potential fugitive dust generating operation 21 that is subject to this MOU_ 22 5. Require that the Operator submits two (2) copies of the approved Dust Control Plans, for those sites greater than or equal to ten (10) acres, to the District within ten (10) days from the date of 23 approval for use by the District's compliance staff. 24 6. Issue an approved Dust Control Plan within a reasonable period of time. The City shall 25 inspect each site to determine compliance with the approved Dust Control Plan at least every thirty (30) days from the start of the project. In addition, a dust control inspection shall be 26 performed by the city within seven (7) days of receiving a notice of project initiation or a notice of project completion. 27 28 2 1 7. Require a bond from each Operator. (For Riverside County, the County's Department of Building and Safety will determine the amounts of the bond in accordance with its existing 2 policies and procedures.) 3 S. Immediately notify the District when a site is "red tagged," or shut down, or cited for non- 4 compliance with a local ordinance or Plan condition. 5 9. Ensure that, when a site is "red tagged," all construction and earth-moving activity ceases and all efforts are directed to mitigating fugitive dust through the application of water or dust 6 suppressants. 7 10. Provide the Operator with specific information regarding the steps that must be taken before a 8 site will be"un-tagged." 9 11. Require conspicuously placed signs that identify a manned 24-hour phone number for reporting dust complaints to the Operator, based on the most recently approved Handbook 10 guidelines. 11 12. Require an Environmental Observer, with the authority to enforce the Dust Control Plan, at all sites greater than or equal to fifty (50) acres. The Environmental Observer will have duties 12 and responsibilities in accordance with the local dust control ordinance and the Coachella 13 Valley Fugitive Dust Control Handbook. Identification of an Environmental Observer shall be a prerequisite for approval of the Dust Control Plan. Failure of the Operator to continuously 14 maintain an Enviromnental Observer at the site or available on-site within 30 minutes of initial contact shall constitute a violation of the Dust Control Plan. 15 13. Require all appropriate enforcement staff with duties and responsibilities relating to the 16 enforcement of local dust control ordinances and approved Dust Control Plans to attend and 17 complete the District's Coachella Valley Fugitive Dust Control Class. 18 14. Require that the staff person responding to a dust complaint have code enforcement status, or the authority to enforce a local ordinance or Plan. 19 15. Require staff who review and/or approve Dust Control Plans to attend and complete the 20 District's Coachella Valley Fugitive Dust Control Class. 21 16. Assign a staff member with the single responsibility of determining compliance with local Dust Control Plans and ordinances at earth moving activities. If such an individual cannot be 22 assigned, the jurisdiction will provide documentation to the District (i.e. policy guidance 23 documents, certificates of staff attendance at the District's Coachella Valley Dust Control Class) demonstrating that the existing staff have been trained and informed of the high priority 24 regarding handling of fugitive dust issues, and ensuring that the fugitive dust program will receive comparable or better coverage than can be provided by a single dedicated individual. 25 17. Conduct random, unannounced inspections at construction sites. The purpose of the site 26 inspection will be to determine compliance with an approved Dust Control Plan, determine 27 compliance with the local ordinance, and ensure that the project supervisor has read and understands the Plan. 28 3 1 18. Develop and maintain record-keeping logs for each site that document all compliance actions taken by the City, including the implementation of corrective measures required to enforce an 2 approved Dust Control Plan. These records shall be made available to District staff upon 3 request. 4 19. Adopt by ordinance a penalty program for violators of Dust Control Plans or local ordinances where the initial violation will be established at a level that ensures progressive penalties for 5 repeated violations. The penalty for three or more violations within a one year period shall be prosecuted at a minimum level consistent with a misdemeanor violation. The use of verbal 6 warnings shall be discontinued. 7 20. Coordinate site inspections with the District so that both jurisdictions can evaluate instances of 8 non-compliance with any ordinances, plans, or regulations. 9 21. Provide the District with an inventory of public unpaved roads and unpaved parking lots within each of their jurisdictions within 90 days of the MOD's effective date. The inventory 10 shall include: the location and average daily traffic estimates of unpaved roads; and location and size(in square feet) of unpaved parking lots. 11 22. 'Take measures (signage or speed control devices) to reduce vehicular speeds to 15 miles per 12 hour on unpaved public roads with between 20 and 150 average daily trips within 60 days of 13 submitting the unpaved road and unpaved parking lot inventories to the District. 14 23. Where City owns a cumulative distance of six or less miles of public unpaved roads with each segment having 150 or more average daily trips, pave such roads or apply and maintain 15 chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in the city's respective dust control 16 ordinance based on the following schedule: 17 a. one-third of qualifying unpaved roads within one year of ordinance adoption; and 1s b. remainder of qualifying unpaved roads within three years of ordinance adoption. (Note: treatments in excess of annual requirements can apply to future years_) 19 24. Where a City owns a cumulative distance of more than six miles of public unpaved roads with 20 each segment having 150 or more average daily trips, stabilize such roadways based on the following schedule: 21 a. at least two miles paved or Four miles stabilized with chemical dust suppressants in 22 accordance with the manufacturer's specifications for a travel surface and the performance standards established in the local dust control ordinance within one year of the MOD's 23 effective date; and 24 b. at least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance 25 standards established in the local dust control ordinance annually thereafter until all 26 qualifying unpaved roads have been stabilized. (Note: treatments in excess of annual requirements can apply to future years). 27 28 4 1 25. Stabilize within six months of the MOU's effective date unpaved public parking lots with at least one of the following strategies: 2 a, pave; or 3 b. apply and maintain dust suppressants in accordance with the manufacturer's specifications 4 for a travel surface and the performance standards established in their respective dust control ordinance; or 5 c. apply and maintain washed gravel in accordance with the performance standards 6 established in their respective dust control ordinance. 26. Apply and maintain any temporary unpaved public parking lots (those that are used 24 days or 7 less per year) with chemical dust suppressants, in accordance with the manufacturer's 8 specifications for a travel surface and the performance standards established in their respective dust control ordinance prior to any 24-hour period when more than 40 vehicles enter and park. 9 Temporary unpaved parking lots greater than 5,000 square feet will be stabilized in accordance with the disturbed vacant land requirements contained in the local dust control ordinance 10 during non-parking periods. I I B. The DISTRICT will: 12 1. Approve and issue Fugitive Dust Control Plans for operations that do not require a local 13 jurisdiction's grading pen-nit or building permit (such as, aggregate producers, landfills, schools, water districts, California Deparhnent of Transportation, and flood control 14 maintenance activities). 15 2. Respond to fugitive dust complaints and take any appropriate measures for non-compliance 16 with District rules and regulations, Dust Control Plan conditions, or local ordinance requirements_ 17 3. Continue to provide outreach and training in the form of Coachella Valley Fugitive Dust 18 Control classes, offered at no charge, to all interested parties. 19 4. Issue Certificates of Completion to each individual who completes the Coachella Valley Fugitive Dust Control Class. This Certificate and the accompanying wallet-sized card are 20 valid for two years and may be renewed by submitting a request to the District. Upon 21 approval by the District, this renewal will be valid for an additional two years. 22 5. Develop and implement an abatement and enforcement policy that addresses repeat violations at the same site of District fugitive dust control regulations. 23 6. Assign an inspector to conduct inspections exclusively in the Coachella Valley, provide 24 outreach and training in the form of the Coachella Valley Fugitive Dust Control Class, and 25 respond to fugitive dust complaints. /// 26 27 28 5 I D. ADDITIONAL CONDITIONS AND REQUIREMENTS 2 1. Any parry hereto has the right to tenninate its participation in this MOU for any reason by 3 giving thirty(30) days notice in writing to each party to this MOU. 4 2. This MOU may be amended or supplemented by mutual agreement effectuated in writing and duly executed by the parties. 5 6 3. This MOU shall be in full force and in effect when signed by all parties. 7 4. The signature page of this MOU is being executed in counterparts. When all parties have signed, all executed counterparts taken together shall constitute one and the same instrument. g CVAG shall be responsible for receiving and retaining the originally executed signature pages of each party, for dating the MOU as of the latest date upon which it is executed as among the 9 signatories thereto, and for providing a copy of the dated executed agreement to each of the 10 parties. 11 5. This MOU integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties. 12 6. Each party acknowledges that it has had ample opportunity for review and approval of this 13 document by its attorney, and that any waiver of representation is a result of independent decision_ 14 7. Each party hereby warrants that its participation and execution of this MOU has been duly 15 approved by its governing board. 16 8. All notices, requests and other communications Linder this MOU shall be in writing, and shall 17 be (a) delivered personally, (b) sent via Ted$x or similar private express mail service (hereinafter "PedEx"), (c) sent via facsimile, or (d) mailed, certified or registered mail, return 18 receipt requested, postage prepaid, and addressed as follows: 19 South Coast Air Quality Management District 20 21865 E. Copley Drive Diamond Bar, CA 91765 21 Coachella Valley Association of Governments 22 73-710 Fred Waring Drive, Suite 200 23 Palm Desert, CA 92260 24 County of Riverside 4080 Lemon Street, 14"' Floor 25 Riverside, CA 92502 26 Cathedral City 27 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 28 6 I City of Coachella 1515 6'h Street 2 Coachella, CA 92236 3 City of Desert Hot Springs 4 65950 Pierson Blvd, Desert Hot Springs, CA 92240 5 City of Indian Wells 6 44-950 Eldorado Drive 7 Indian Wells, CA 92210-7497 g City of Indio 100 Civic Center Mall 9 Indio, CA 92201 10 City of La Quinta 11 78-495 Calle Tampico La Quinta, CA 92253 12 City of Palm Desert 13 73-510 Fred Waring Drive 14 Palm Desert, CA 92260 15 City of Palm Springs 3200 E. Tahquitz Canyon Way 16 Palm Springs, CA 92262 17 City of Rancho Mirage 18 69-825 Highway I11 Rancho Mirage, CA 92270 19 9. It is hereby agreed that no official, employee, or agent of any of the parties hereto shall have 20 any personal interest, direct or indirect, in this MOU, nor shall any such official, employee, or agent participate in any decision relating to the MOU which affects his or her personal 21 interests or the interests of any corporation, partnership or association in which he or she is 22 directly or indirectly interested_ 23 10. Neither party may assign any right or obligation tinder this MQU without the express written approval of the other parties. 24 11. This MOU shall be binding upon and shall inure to the benefit of the successors of each of the 25 parties hereto. 26 12. This MOU shall be construed and interpreted in accordance with the laws of the State of 27 California. Venue for resolution of any disputes under this MOU shall be in Los .Angeles County. 28 7 1 13. In the event that any party fails to fulfill its obligations under this MOU, such party shall have thirty (30) days to cure its default upon written demand by any other party. Upon failure to 2 cure any default, each party to this MOU shall have all such rights and remedies available to it 3 under law, including the right to sue for specific performance- 4 14. Each party hereby agrees to indemnify, defend and hold harmless the other parties, their officials, agents, officers, and employees against any and all liabilities, obligations, lawsuits, 5 administrative writs, claims, judgments, or penalties arising as a result of the party's actions 6 conducted in performance of its duties under this MOU. 7 - SIGNATURE PAGES FOLLOW - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 SIGNATORIES TO TI-M MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING, MULTI-7URISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION, AND ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE COACHELLA VALLEY any R. Wallerst&.Env. Date Executive Officer South Coast Air Quality Management District Approved as to forra: Date Barbara Baird, Brincipal Deputy D:Lstrict Counsel D tae �/a/chella Valley Association of Goven7mews Approved as to form: Date CVAG General Counsel Date County of Riverside Date Cathedral City r Date 9 I SIGNATORIES 2 TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING, MULTI- ^ =SDICTIONAL RELATIONSHIP FOR TEE ADOPTION, IMPLEMENTATION, AND ' ENFORCEMENT OF FUGITIVE DUST CONTROL NMASLMES IN TM COACHELLA VALLEY 4 5 6 7 B=a R. Wallersteir, v. Date Executive Officer g South Coast Air Quality Management District 9 10 11 Approved as to form: Date Barbaral3aird, Principal. Deputy District Counsel 12 13 1�L4 �C' 14 ?.da ella Valley Association of Governments Daft 15 16 17 Approved as to fozm.: Date 18 CVAG General Counsel 19 20 21 Daie County of Riverside side 23 24 Cathedra] City Date 25 26 77 z a 28 oachella 146 9 City of Coachda Date City of Desert Hot Springs �L D Date ty f hdi n Wells Date City of Indio Date City of La Quinta Date City of Patin Desert Date City of Palm Springs Date City of Rancho MTage OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE AND THE MEMORANDUM OF UNDERSTANDING. 10 City o F Coachella Date of esert Hot S ngs Date City of Indian Wells Date City of Indio Date City of La Quinta Date City of Palm Desert Date City of Palm Springs Date City of Rancho Mirage OCTOBER 27, 2003 CVAG'S EXECUTIVE COMMITTEE APPROVED TO RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE AND THE MEMORANDUM OF UNDERSTANDING. 10 1 2 3 City of Desert Hot Springs Date 4 5 6 7 City of Indian Wells Date 8 10 C of I io Date 11 12 13 14 City of La Quetta Date 15 16 17 City of Palm Desert Date 18 19 20 City of Palm Springs Date 21 22 23 24 City of Ranclio Mirage Date 25 OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE 26 AND THE MEMORANDUM OF UNDERSTANDING. 27 28 10 Y City of Coachella Date City of Desert Hot Springs Date City of Indian Wells Date City of Indio (law Date City of La Quinta Date City of Palm Desert Date City of Palm Springs Date City of Rancho Mirage OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE AND THE MEMORANDUM OF UNDERSTANDING. 10 CONTRACT NO. C22020 Date City of Desert Hot Springs Date City of Indian Wells Date City of India Date Cit of La Quinta Date ity of Palm Desert Date City of Palm Springs Date City of Rancho Mirage OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE AND THE MEMORANDUM OF UNDERSTANDING. 10 City of Coachella Date City of Desert Rot Springs Date City of Indian Wells Date City of Indio Date City of La Quinta Date City of Pahn Desert ATTEST: /7 2 m�{vim Date �rn7;,17m 0Z City of Palm Springs a:" ZZ f912z7S 7 Date City of Rancho Mirage 10 2 3 City of Desert Hot Springs Date 4 5 6 7 City of Indian Wells Date 8 9 10 City of Indio Date 11 12 13 14 City of La Quinta Date 15 16 17 City of Palm Desert Date 18 19 20 City of Palm Springs Date 21 22 23 t Q 24 1ity of 1ranc7ho'"-N0-1iZ1rajge (j Ddie 25y � 26 27 � lys OCTOBER 27, 2 � 6"AG'S EXECUTIVE COMMITTEE APPROVED TO 28 RATIFY THE C GES IN THE MODEL DUST CONTROL ORDINANCE AND THE MEMORANDUM OF UNDERSTANDING, 10 1 SIGNATORIES 2 TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING, MULTI- 3 TURISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION, AND ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE COACHELLA VALLEY 4 5 " k 6 7 Barry R. -allerstein, D.E v Date Executive Officer S South Coast Air Quality Management District 9 lo 11 Approved as to form: Date Barbara Baird, Principal Deputy District Counsel 12 13 14 Co c ella Valley Association of Governments Date 15 16 17 Approved as to form: Date 1S CVAG General Counsel c� 19 w 20 )' 'z JAN 0 6 2004 21 Counf ersi Date 02 1!5CiN ¢ CHAIRMAN. BOARD OF PENISORS 23 24 Cathedral City Date 25 26 27 28 City of Coachella Date 9 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA w FROM: BOARD OF SUPERVISORS SUPERVISOR, ROY S.WILSON,4" Dist. SUPERVISOR, MARION ASHLEY. 5" Dist. SUBMITTAL DATE: January 6, 2004 SUBJECT: PM10 Dust Control Measurers -Action Plan RECOMMENDED MOTION: The Board of Supervisors: 1) Approve the attached Ordinance No. 742.1 Fugitive Dust Control Ordinance thereby amending the current Dust Control Ordinance No. 742, 2) Authorize the execution of the attached Memorandum of Understanding between the South Coast Air Quality Management District (SCAQMD) Coachella Valley Association of Governments (CVAG) and the nine incorporated cities within CVAG; and, 3) Adopt the Coachella Valley Dust Control Handbook as the operations manual with respect to PM10, BACKGROUND: The air quality in the Coachella Valley has been out of compliance with United States Environmental Protection Agency's (EPA) standards since 1999. The region has been given five years to get back into compliance by self-regulation_ Failure to reach attainment status, could require the EPA to take over regulation and impose extremely stringent requirements in the area. In an effort to regain our attainment Status the SCAQMD prepared three documents to provide the various agencies with the tools they need to administer their areas of responsibility.The model ordinance represents a minimum level of commitment by the County in its effort to control fugitive dust. The MOU makes the County accountable to the SCAQMD and CVAG if we fail to fulfill the obligations contained therein. The dust control handbook is the exhaustive reference manual for use by the jurisdictions and the contractors. The nine incorporated Cities and the County of Riverside are required to adopt the minimum standards in the ordinance and to enter into the MOU with the SCAQMD and CVAG. Approval of the recommended motion ill h Ip insure that the desert's air quality will comply with Federal standards. S, pery r, Roy S. Wilson Su rvisor, Marion Ashley U_ U O O a a O x C C N N � N G C O O 0 U d O MINUTES OF THE BOARD OF SUPERVISORS c ° On motion of Supervisor Wilson, seconded by Supervisor Buster and duly Carded by unanimous vote, IT WAS ORDERED that the above ordinance is approved as introduced, and that £ the above MOU is approved as recommended E N v Ayes: Buster, Tavaglione, Venable, Wilson and Ashley O Noes: None ro Absent: None n� ilia Board E Date: January G, 2004 m xc: Supv. Wilson, Ashley,Supv. Aslil COB Deputy P y a Prev.Agn. ref. Dist. A DA NO. FORM 11 (Rev.t101]) ATTACHMENTS FILED WITW TL — t�l r' L, r — r, -r . •r I a