HomeMy WebLinkAbout10/15/2003 - STAFF REPORTS DATE: October 15, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
FUGITIVE DUST ORDINANCE REVISION AND MEMORANDUM OF UNDERSTANDING
WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, COUNTY OF
RIVERSIDE, COACHELLA VALLEY CITIES AND THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
RECOMMENDATION:
That City Council approve:(1)A Memorandum of Understanding with the Coachella Valley
Association of Governments, South Coast Air Quality Management District, the County of
Riverside, and the Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells,
Indio, La Quinta, Palm Desert, and Rancho Mirage( Coachella Valley Cities), establishing
an ongoing multi jurisdictional relationship for the adoption, implementation, and
enforcement of Fugitive Dust Control Measures in the Coachella Valley; (2) Introduce an
Ordinance amending Chapter 8.500 of Title 8 of the Palm Springs Municipal Code,
concerning requirements for construction and demolition activities and other specified
sources in order to reduce man-made fugitive dust and the corresponding PM-10
emissions.
SUMMARY:
In order to demonstrate efforts to achieve attainment with EPA Standards for PM-10
concentration levels, resulting from human activities in the Coachella Valley, South Coast
Air Quality Management District (AQMD) has proposed measures that meet the
requirements of the Environmental Protection Agency(EPA). The first step in this process
was the preparation of a new 2002 Coachella Valley State Implementation Plan in
conjunction with Coachella Valley Association of Governments(CVAG). This plan has been
approved by the EPA. Key initial steps in this plan include approval of a Memorandum of
Understanding (MOU) with CVAG, AQMD, the County and all Coachella Valley Cities
regarding enforcement of Dust Control Measures and adoption of a new Dust Control
Ordinance by each of the Cities. The proposed Ordinance for consideration is based on
the AQMD prepared model ordinance.
BACKGROUND:
PM-10 is defined as particulate matter of a diameter smaller than or equal to ten microns.
A portion of the PM-10 in the Coachella Valley entrained in the air is a result of manmade
dust sources. These fugitive dust sources include earth moving activities,
construction/demolition activities and vehicular movement. PM-10 levels have been a
concern in the Valley for many years. In 1993 the City Council adopted an ordinance to
establish the requirements for construction, demolition, and other specified activities in an
attempt to reduce fugitive dust and corresponding PM-10 emissions. PM-10 levels have
been monitored by AQMD and Clean Air Act levels were attained from 1995-1999.
Unfortunately, partly due to an increase in construction activity, PM-10 levels since 1999
in the Coachella Valley have exceeded limits established by the EPA. The new plan to
bring the Valley into attainment was developed as a way to preclude the possibility of the
EPA prohibiting local agencies from issuing new construction activity permits and possibly
utilizing federal dollars otherwise earmarked for transportation and other improvements to
achieve the desired air quality levels. In 2002 a Coachella Valley State Implementation ,}—J}
Fugitive Dust Ordinance and MOU
October 15, 2003
Page 2
Plan was developed and approved by CVAG, AQMD and ultimately the EPA. This plan
identifies techniques to be used within the Coachella Valley in order to reduce airborne
fugitive dust.
The plan calls for each local jurisdiction to adopt an MOU and a Dust Control Ordinance
that complies with the requirements of the plan. In addition, the Coachella Valley Fugitive
Dust Control Handbook has been prepared which outlines specific requirements for dust
control plans, methods, monitoring and documentation for various types of activities that
produce fugitive dust. The State Implementation Plan,the Memorandum of Understanding
in which the agencies agree to follow the guidelines and implement the requirements, and
the Ordinance where the City establishes the requirements to be imposed, will result in
significant changes from the current practice. Some of the major changes are as follows:
• The threshold for requiring a $2,000 per acre deposit to ensure adequate control
of dust is lowered from one acre to 5,000 square feet.
• All City staff that reviews, approves, and enforces dust control plans as well as the
Contractor's personnel responsible for dust control and the person(s)preparing the
dust control plans must attend and receive a certificate of completion from an
AQMD Fugitive Dust Control CSIass. The current Ordinance requires no training
or certification.
• Projects 50 acres or Iargerwill require an environmental observerto be hired by the
developer, with dust control as their primary responsibility. AQMD had previously
recommended a limit of 100 acres and larger. The current Ordinance does not
require an Environmental Observer at all. It should be noted that the only active
project the City has greater than 50 acres has provided an Environmental Observer,
even though not specifically required by the current Ordinance.
• Local agencies are required to assign a staff member with the single responsibility
of determining compliance with the local dust control plan and ordinances or provide
documentation to AQMD demonstrating that all existing staff have been trained and
informed of the high priority 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 dedicated individual. This documentation should include all staff
completing a dust control class and receiving a certificate from AQMD.
• The city must perform random, unannounced, dust control inspections at all
construction sites to determine compliance with the plan. This is not currently
required in the current Ordinance and is not being accomplished, as the building
inspectors only visit sites when called for specific UBC required inspection.
• Currently, violation of the Fugitive Dust Control Ordinance is an infraction,
punishable by a fine of$100 for the first violation, $200 for the second violation, and
$500 for each additional violation. Further, it provides that the City Attorney may,
in his discretion, charge a violation as a misdemeanor, where that violation poses
significant threat to public health or safety, or if the violation is repetitive in nature.
The new rules require a policy program that ensures progressive penalties for
repeated violations, leading to the requirement of misdemeanor charges. In
addition, use of verbal warnings are no longer permitted. This means that a written
warning must be issued at the first knowledge of violation and if not remedied that
day, the fine structure is to be implemented. Each day that the violation exists,
constitutes a separate offense.
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Fugitive Dust Ordinance and MOU
October 15, 2003
Page 3
• The City is required to treat or pave all public unpaved roadways with volumes
exceeding 150 vehicles per day, in accordance with the following schedule: one-
third of unpaved roads within one year of adoption of the Ordinance, and the
remainder of the unpaved roads within three years. Unpaved roadways with
volumes between 20 and 150 per day, require measures to limit speeds to 15 mph.
• The City is also required to pave or treat all unpaved public parking lots.
• The City is also required to enforce this Ordinance on private owners of unpaved
roads and parking lots. These requirements apply to unpaved roads with average
daily traffic levels above twenty vehicles per day, with respect to speed control
signage and 150 vehicles per day with respect to pavement or treatment.
Although it is obvious that additional staff time will be required due to the new Ordinance
and MOU, the precise costs are not known at this time. Staff recommends that the fee
study be modified to include investigation of a fee for processing of dust control plans or
a surcharge on the grading plan review and inspection fee to cover the costs associated
with monitoring of PM-10.
/,- 160
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVE'D-5�� -r
ATTACHMENTS:
1. Minute Order (2)
2. Memorandum of Understanding
3. Fugitive Dust Control Ordinance
MEMORANDUM OF UNDERSTANDING
ESTABLISHING AN ONGOING, MULTI-JURISDICTIONAL
RELATIONSHIP FOR THE ADOPTION,
IMPLEMENTATION, AND ENFORCEMENT OF FUGITIVE
DUST CONTROL MEASURES IN THE COACHELLA
VALLEY
This Memorandum of Understanding made the day of 2003, is
entered into 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 Mirage (collectively, CITIES), the Coachella
Valley Association of Governments (CVAG) and the South Coast Air Quality
Management District (District).
I. This Memorandum of Understanding (MOU) is made with reference to the following
recitals:
A. Air pollution remains a significant public health concern in many parts of
California, and specifically in the Coachella Valley.
B. The Coachella Valley consists of the following local jurisdictions:
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 Mirage. Each of these
jurisdictions are members of the CVAG.
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 for the control of air pollution from all sources,
other than tailpipe emissions from motor 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 training, and enforcement support to the local agencies within its
jurisdiction.
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 dust. By prior agreement, these
jurisdictions have lead responsibility for enforcing both local ordinances and
approved Fugitive Dust Control Plans.
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) in the Coachella Valley. The
health impacts and public nuisance potential of uncontrolled dust are a
recognized concern of everyone who works or lives in this environment.
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 adopted ordinances with measures for
reducing fugitive dust emissions.
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G. A key element to implementing a successful program for reducing PM10
emissions and demonstrating sustained compliance is to establish a formal
working relationship between the CITIES, CVAG and the District.
H. Based on the foregoing, an ongoing cooperative relationship is hereby
established between the 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 Amendments
(CAA) mandates, and to help achieve attainment of federal and state air
quality standards.
II. NOW, THEREFORE, in consideration of the mutual interests and benefits to be
derived from the emissions reductions resulting from cooperative efforts of the
CITIES, CVAG, and the District, the parties hereto agree as follows:
A. The CITIES will:
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 implementation of Coachella Valley Best Available Control
Measures, such that fugitive dust emissions are in compliance with District
Rule 403.
2. Approve Dust Control Plans for all qualifying activities or man-made
conditions capable of generating fugitive dust emissions within their area of
authority.
3. Follow the guidance provided in the most recently approved Coachella Valley
Fugitive Dust Control Handbook (Handbook), and uniformly implement and
enforce the Handbook provisions in the review and approval of Dust Control
Plans.
4. After April 1, 2004 approve: a Dust Control Plan only to an Operator who
produces a signed "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 control at the site has
completed the Coachella Valley Fugitive Dust Control Class. For 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 that is subject to this MOU.
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 approval for use by the District's
compliance staff.
6. Issue an approved Dust Control Plan within a reasonable period of time. The
City shall 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 performed by the city within seven
(7) days of receiving a notice of project initiation or a notice of project
completion.
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7. Require a bond, a cash deposit, or an equivalent form approved by the City,
in an amount equal to at least two thousand dollars ($2,000.00) per acre for
projects with more than 5,000 square feet of disturbed surfaces. Such funds
shall be in an amount sufficient to completely stabilize all disturbed areas in
the event that the Operator fails to adequately control dust, or abandons the
site in lieu of mitigating fugitive dust problems; and shall be easily accessible
to the City in order to initiate stabilization measures without a significant
delay.
8. Immediately notify the District when a site is "red tagged," or shut down, or
cited for non-compliance with a local ordinance or Plan condition.
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 suppressants.
10. Provide the Operator with specific information regarding the steps that must
be taken before a site will be "un-tagged."
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 guidelines.
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 and responsibilities in accordance
with the local dust control ordinance and the Coachella 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 maintain an Environmental Observer at the site or available on-
site within 30 minutes of initial contact shall constitute a violation of the Dust
Control Plan.
13. Require all appropriate enforcement staff with duties and responsibilities
relating to the enforcement of local dust control ordinances and approved
Dust Control Plans to attend and complete the District's Coachella Valley
Fugitive Dust Control Class.
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.
15. Require staff who review and/or approve Dust Control Plans to attend and
complete the District's Coachella Valley Fugitive Dust Control Class.
16. Assign a city 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 assigned, the jurisdiction will
provide documentation to the District (i.e. policy guidance 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 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.
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17. Conduct random, unannounced inspections at construction sites. The
purpose of the site inspection will be to determine compliance with an
approved Dust Control Plan, determine compliance with the local ordinance,
and ensure that the project supervisor has read and understands the Plan.
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 approved Dust Control Plan.
These records shall be made available to District staff upon request.
19. Adopt by ordinance a penalty program for violators of Dust Control Plans or
local ordinances where penalty for the initial violation will be established at a
level that ensures progressive penalties for repeated violations leading to a
misdemeanor. The use of verbal warnings shall be discontinued.
20. Coordinate site inspections with the District so that both jurisdictions can
evaluate instances of non-compliance with any ordinances, plans, or
regulations.
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 MOU's
effective date. The inventory shall include:. the location and average daily
traffic estimates of unpaved roads; and location and size (in square feet) of
unpaved parking lots.
23. Take measures (signage or speed control devices) to reduce vehicular
speeds to 15 miles per hour on unpaved public roads with between 20 and
150 average daily trips within 60 days of submitting the unpaved road and
unpaved parking lot inventories to the District.
24. 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 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 ordinance based on
the following schedule:
a. one-third of qualifying unpaved roads within one year of ordinance
adoption; and
b. remainder of qualifying unpaved roads within three years of ordinance
adoption. (Note: treatments in excess of annual requirements can apply
to future years.)
25. Where a City owns a cumulative distance of more than six miles of public
unpaved roads with each segment having 150 or more average daily trips,
stabilize such roadways based on the following schedule:
a. 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 standards established in the local
dust control ordinance within one year of the MOU's effective date; and
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 standards established in the local
dust control ordinance annually thereafter until all qualifying unpaved
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• roads have been stabilized. (Note: treatments in excess of annual
requirements can apply to future years).
26. Stabilize within six months of the MOU's effective date unpaved public
parking lots with at least one of the following strategies:
a. pave; or
b. apply and maintain dust suppressants in accordance with the
manufacturer's specifications for a travel surface and the performance
standards established in their respective dust control ordinance; or
c. apply and maintain washed gravel in accordance with the performance
standards established in their respective dust control ordinance.
27. Apply and maintain any temporary unpaved public parking lots (those that are
used 24 days or less per year) with chemical dust suppressants, in
accordance with the manufacturer's 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.
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 during non-parking periods.
B. The DISTRICT will:
1. Approve and issue Fugitive; Dust Control Plans for operations that do not
require a local jurisdiction's grading permit or building permit (such as,
aggregate producers, landfills, schools, water districts, California Department
of Transportation, and flood control maintenance activities).
2. Respond to fugitive dust complaints and take any appropriate measures for
non-compliance with District rules and regulations, Dust Control Plan
conditions, or local ordinance requirements.
3. Continue to provide outreach and training in the form of Coachella Valley
Fugitive Dust Control classes, offered at no charge, to all interested parties.
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 valid for two years and may be renewed
by submitting a request to the District. Upon approval by the District, this
renewal will be valid for an additional two years.
5. Develop and implement an abatement and enforcement policy that addresses
repeat violations at the same site of District fugitive dust control regulations.
6. Assign an inspector to conduct inspections exclusively in the Coachella
Valley, provide outreach and training in the form of the Coachella Valley
Fugitive Dust Control Class, and respond to fugitive dust complaints.
D. ADDITIONAL CONDITIONS AND REQUIREMENTS
1. Any party hereto has the right to terminate its participation in this MOU for
any reason by giving thirty (30) days notice in writing to each party to this
MOU. u
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2. This MOU may be amended or supplemented by mutual agreement
effectuated in writing and duly executed by the parties.
3. This MOU shall be in full force and in effect when signed by all parties.
4. The signature page of this I\IOU is being executed in counterparts. When all
parties have signed, all executed counterparts taken together shall constitute
one and the same instrument. 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 signatories
thereto, and for providing a copy of the dated executed agreement to each of
the parties.
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.
6. Each party acknowledges that it has had ample opportunity for review and
approval of this document by its attorney, and that any waiver of
representation is a result of independent decision.
7. Each party hereby warrants that its participation and execution of this MOU
has been duly approved by its governing board.
8. All notices, requests, and other communications under this MOU shall be in
writing, and shall be (a) delivered personally, (b) sent via FedEx or similar
private express mail service (hereinafter "FedEx"), (c) sent via facsimile, or
(d) mailed, certified or registered mail, return receipt requested, postage
prepaid, and addressed as follows:
South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Attn:
Coachella Valley Association of Governments
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
County of Riverside
4080 Lemon Street, 14th Floor
Riverside, CA 92502
Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
City of Coachella
1515 6ch Street
Coachella, CA 92236
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
6
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210-7497
City of Indio
100 Civic Center Mall
Indio, CA 92201
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
9. It is hereby agreed that no official, employee, or agent of any of the parties
hereto shall have 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 interests or the interests of any
corporation, partnership or association in which he or she is directly or
indirectly interested.
10, Neither party may assign any right or obligation under this MOU without the
express written approval of the other parties.
11. This MOU shall be binding upon and shall inure to the benefit of the
successors of each of the parties hereto.
12. This MOU shall be construed and interpreted in accordance with the laws of
the State of California. Venue for resolution of any disputes under this MOU
shall be in Los Angeles County.
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 cure any default, each party to this MOU shall
have all such rights and remedies available to it under law, including the right
to sue for specific performance.
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, administrative writs, claims, judgments, or
penalties arising as a result of the party's actions conducted in performance
of its duties under this MOU.
- SIGNATURE PAGES FOLLOW -
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SIGNATORIES
TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING,
MULTI-JURISDICTIONAL RELATIONSHIP FOR THE ADOPTION,
IMPLEMENTATION, AND ENFORCEMENT OF FUGITIVE DUST CONTROL
MEASURES IN THE COACHELLA VALLEY
Barry R. Wallerstein, D.Env., Executive Officer Date
South Coast Air Quality Management District
Approved as to form: Date
Barbara Baird, District Counsel
Coachella Valley Association of Governments Date
Approved as to form: Date
CVAG General Counsel
County of Riverside Date
City of Cathedral City Date
City of Coachella Date
City of Desert Hot Springs Date
City of Indian Wells Date
City of Indio Date
City of La Quinta Date
8 All
MINUTE ORDER NO.
APPROVING MEMORANDUM OF UNDERSTANDING
WITH COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS, SOUTH COAST AIR QUALITY
MANAGEMENT, RIVERSIDE COUNTY AND THE
COACHELLA VALLEY CITIES. ESTABLISHING AN
ONGOING MULTI JURISDICTIONAL RELATIONSHIP FOR
THE ADOPTION, IMPLEMENTATION, AND
ENFORCEMENT OF FUGITIVE DUST CONTROL
MEASURES IN THE COACHELLA VALLEY.
I HEREBY CERTIFY that this Minute Order,approving Memorandum of Understanding with
the Coachella Valley Association of Governments , South Coast Air Quality Management
District, the County of Riverside, and the Coachella Valley Cities. Establishing an ongoing
multi jurisdictional relationship for the adoption, implementation, and enforcement of
Fugitive Dust Control Measures in the Coachella Valley, was adopted by the City Council
of the City of Palm Springs, California, in a meeting thereof held on the 17ffi day of October,
2003.
PATRICIA A. SANDERS
City Clerk,
MINUTE ORDER NO.
AMENDING THE MASTER BAIL SCHEDULE TO ADD
SPECIFIC BAIL FOR VIOLATION OF PALM SPRINGS
MUNICIPAL CODE SECTION 8.50.040, FUGITIVE DUST
CONTROL, COMPLIANCE.
I HEREBY CERTIFY that this Minute Order, amending the Master Bail Schedule to add
specific bail for violation of Palm Springs Municipal Code Section 8.50.040, Fugitive Dust
Control, Compliance, was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 15ffi day of October, 2003.
PATRICIA A. SANDERS
City Clerk
� a�.
Minute Order
Page 2
PROPOSED ADDITION TO BAIL SCHEDULE
Code Section Description Violation Type Recommended
Bail
PSMC 8.50.040 Fugitive dust and erosion Infraction, first offense $ 100
control, violations and
penalties Infraction, second offense $ 200
Misdemeanor $1,000
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING EXISTING CHAPTER 8.50 IN
ITS ENTIRETY AND ADDING SECTION 8.50 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO
FUGITIVE DUST CONTOL.
The City Council of the City of Palm Springs, California does ordain as follows:
SECTION 1 Repealing Chapter 8.50 in its entirety and adding Section 8350 of the
Palm Springs Municipal Code relating to Fugitive Dust Control, as follows:
8.50.005 Purpose
The purpose of this ordinance is to establish minimum requirements for construction
and demolition activities and other specified sources in order to reduce man-made
fugitive dust and the corresponding PM10 emissions.
8.50.010 Definitions
For the purpose of this ordinance, the following definitions are applicable:
1 AGRICULTURAL OPERATIONS are any operation directly related to the
growing of crops, or raising of fowls or animals for the primary purpose of
making a livelihood.
2 AQMD is the South Coast Air Quality Management District and the
representatives thereof.
3 AVERAGE DAILY TRAFFIC (ADT) is the number of motor vehicles that
traverse a given unpaved or paved surface during a specified 24-hour period.
ADT levels are calculated as the average daily volume over a specified 48-hour
period as determined by the City in consultation with the AQMD.
4 BULK MATERIAL is all sand, gravel, soil, aggregate and other organic and ,
inorganic particulate matter.
5 CHEMICAL DUST SUPPRESSANTS are non-toxic chemical soil binders that
are not prohibited for use by the City, the California Regional Water Quality
Control Board, the California Air Resources Board, the U.S. Environmental
Protection Agency (U.S. EPA), or any other law, rule or regulation, used to
reduce dust on disturbed surfaces.
6 CITY means the City of Palm Springs or its authorized representative.
7 COACHELLA VALLEY BEST AVAILABLE CONTROL MEASURES (CV
BACM) are methods to prevent or mitigate the emission and/or airborne
transport of fugitive dust, as identified in the Coachella Valley Fugitive Dust
Control Handbook.
8 COACHELLA VALLEY FUGITIVE DUST CONTROL HANDBOOK is the most
recently approved reference document by the AQMD that includes a
description of fugitive dust control measures, guidance for preparation of
Fugitive Dust Control Plans, notification forms, signage provisions, and test
methods.
9 CONSTRUCTION ACTIVITIES are any on-site activities preparatory to or
related to the building, alteration, rehabilitation, or improvement of property,
including, but not limited to the following activities; grading, excavation,
trenching, loading, vehicular travel, crushing, blasting, cutting, planning,
shaping, breaking, equipment staging/storage areas, weed abatement activities
or adding or removing bulk materials from storage piles.
10 DEMOLITION ACTIVITIES are the wrecking or taking out of any load-
supporting structural member of a structure or building and related handling
operations or the intentional burning of any structure or building.
11 DISTURBED SURFACE AREA is any portion of the earth's surface (or material
placed thereupon) that has been physically moved, uncovered, destabilized, or
otherwise modified from its undisturbed native condition (including vehicular
disturbances) thereby increasing the potential for the emission of fugitive dust.
This definition does not include land that has been restored to a native
condition, such that the vegetative ground cover and soil characteristics are
equal to surrounding native conditions.
12 EARTH-MOVING OPERATIONS are the use of any equipment for an activity
where soil is being moved or uncovered.
13 FINISH GRADE is the final grade of the site that conforms to the approved
grading plan.
14 FUGITIVE DUST is any solid particulate matter that becomes airborne, other
than that emitted from an exhaust stack, directly or indirectly as a result of
human activities. PM10 is a subset of fugitive dust and is defined as particulate
matter with an aerodynamic diameter of 10 microns or less.
15 FUGITIVE DUST CONTROL PLAN is a document that describes fugitive dust
sources at a site and the corresponding control measures and is prepared in
accordance with the guidance contained in the Coachella Valley Fugitive Dust
Control Handbook.
16 HIGH-WIND EPISODE is when wind speeds exceed 25 miles per hour as
measured by:
A. the closest AQMD monitoring station, or
B. a certified meteorological monitoring station, or
C. an on-site wind monitor calibrated and operated on-site in accordance with
the manufacturer's specifications with a data logger or strip chart.
17 OPERATOR is any person who owns, leases, operates, controls, or supervises
any potential fugitive dust generating operation subject to the requirements of
this ordinance. This definition includes any person who has been officially
designated by a property owner as the person responsible for fugitive dust
control at a site, as indicated in an approved Fugitive Dust Control Plan.
18 PAVED ROAD is an improved street, highway, alley, public way, or easement
that is covered by roadway materials (e.g., cement, asphalt or asphaltic
concrete).
19 PHYSICAL ACCESS RESTRICTION is any barrier, including but not limited to;
curbs, fences, gates, posts with fencing, shrubs, trees, or other measures that
are effective in preventing vehicular and Off-Highway Vehicle (OHV) use of a
specified site. / a
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20 SILT is any bulk material with a particle size less than 75 micrometers in
diameter that passes through a Number 200 sieve as determined by American
Society of Testing and Materials (ASTM) Test Method C 136 or any other test
method approved by the U.S. EPA and AOMD.
21 SITE is the real property on which construction, demolition, or other activities
subject to this ordinance may occur.
22 STABILIZED SURFACE is any portion of land that meets the minimum
standards as established by the applicable test method contained in the
Coachella Valley Fugitive Dust Control Handbook.
23 STORAGE PILE is any accumulation of bulk material with a height of three feet
or more and a total surface area of 300 or more square feet.
24 UNPAVED PARKING LOT is an area utilized for parking vehicles and
associated vehicle maneuvering that is not covered with roadway materials
(e.g., cement, asphalt or asphaltic concrete).
25 UNPAVED ROAD is any service roads, internal access roads, heavy and light
duty equipment paths and other roadways which are not covered by typical
roadway materials (e.g., cement, asphalt, asphaltic concrete).
26 TEMPORARY UNPAVED PARKING LOTS are those used less than 24 days
per year.
8.50.015 Performance Standards and Test Methods
All performance standards and test methods referenced in this ordinance shall be
based on the methodologies included in the Coachella Valley Dust Control
Handbook.
8.50.020 Control Requirements
.021 Work Practices —All Fugitive Dust Sources
1 No operator shall conduct any potential dust-generating activity on a site unless
the operator utilizes one or more Coachella Valley Best Available Control
Measures, as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met.
2 Any operator involved in any potential dust-generating activity on a site with a
disturbed surface area greater than one acre shall, at a minimum, operate a
water application system as identified in the Coachella Valley Fugitive Dust
Control Handbook, if watering is the selected control measure.
Performance Standards and Test Methods
3 No person subject to the requirements contained in Section .021(1) shall cause
or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend
more than 100 feet either horizontally or vertically from the origin of a source,
or cross any property line.
.022 Construction and Demolition Activities
1 Any operator applying for a grading permit, or a building permit for an activity
with a disturbed surface area of more than 5,000 square feet, shall not initiate ^�
any earth-moving operations unless a Fugitive Dust Control Plan has been
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prepared pursuant to the provisions of the Coachella Valley Fugitive Dust
Control Handbook and approved by the City.
2 A complete copy of the approved Fugitive Dust Control Plan must be kept on
site in a conspicuous place at all times and provided to the City and AQMD
upon request.
3 Any operator involved in demolition activities shall comply with AQMD Rule
1403 (Asbestos Emissions from Demolition/Renovation Activities)
requirements, and the requirements of Title 40, Part 61 of the code of Federal
Regulations.
4 Any operator involved in earth-moving operations shall implement at least one
of the following short-term stabilization methods during non-working hours:
A. maintaining soils in a damp condition as determined by sight or touch; or
B. establishment of a stabilized surface through watering; or
C. application of a dust suppressant in sufficient quantities and concentrations
to maintain a stabilized surface.
5 Within 10 days of ceasing activity, an operator shall implement at least one of
the following long-term stabilization techniques for any disturbed surface area
where construction activities are not scheduled to occur for at least 30 days:
A. re-vegetation that results in 75 percent ground coverage provided that an
active watering system is in place at all times; or
B. establishment of a stabilized surface through watering with physical access
restriction surrounding the area; or
C. use of chemical stabilizers to establish a stabilized surface with physical
access restriction surrounding the area. ,
6 Any operator shall remove all bulk material track-out from any site access point
onto any paved road open to through traffic:
A. within one hour if such material extends for a cumulative distance of
greater than 25 feet from any site access point; and
B. at the conclusion of each workday.
7 Any operator of a project with a disturbed surface area of five or more acres or
of any project that involves the import or export of at least 100 cubic yards of
bulk material per day shall install and maintain at least one of the following
control measures at the intersection of each site entrance and any paved road
open to through traffic with all vehicles exiting the site routed over the selected
device(s):
A. pad consisting of minimum one inch washed gravel maintained in a clean
condition to a depth of at least six inches and extending at least 30 feet
wide and at least 50 feet long; or
B. paved surface extending at least 100 feet and at least 20 feet wide; or
C. wheel shaker / wheel spreading device consisting of raised dividers (rails,
pipe, or grates) at least three inches tall and at least six inches apart and 20
feet long; or
D. a wheel washing system.
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8 Any operator required to submit a Fugitive Dust Control Plan under Section
.022(1) shall install and maintain project contact signage that meets the
minimum standards of the Coachella Valley Fugitive Dust Control Handbook,
including a 24-hour manned toll-free or local phone number, prior to initiating
any type of earth-moving operations. Said operator shall also be required to
post a bond, cash deposit or equivalent in a form approved by the City at a rate
of $2,000 per disturbed acre or portion thereof. Such bond or deposit shall be
conditioned for and limited to expenditure by the City in such increments as
may be determined to be necessary to pay for emergency dust control
measures deemed necessary by the City in the event of discovery of a sand or
dust condition having developed and in the event effective remedial measures
by operator are not forthcoming in a timely manner. Where the City must draw
on the bond or deposit as provided herein, the operator shall replenish or
replace same, upon demand, to the original amount. The cash or bond shall
be returned to operator once the sources of the fugitive dust have been
eliminated.
9 Any operator of a project with a disturbed surface area of 50 or more acres
shall have an Environmental Observer on the site or available on-site within 30
minutes of initial contact that:
A. is hired by the property owner or developer; and
B. has dust control as the sole or primary responsibility; and
C. has successfully completed the AQMD Coachella Valley Fugitive Dust
Control Class and has been issued a Certificate of Completion for the class;
and
D. . is identified in the approved Fugitive Dust Control Plan as having the
authority to immediately employ sufficient dust mitigation 24-hours per day,
seven days a week and to ensure compliance with this ordinance, the
approved Fugitive Dust Control Plan, and AQMD regulations.
Performance Standards and Test Methods
10 No operator required to submit a Fugitive Dust Control Plan under Section
.022(1) shall cause or allow visible fugitive dust emissions to exceed 20
percent opacity, or extend more than 100 feet either horizontally or vertically
from the origin of a source, or cross any property line.
11 Exceedance of the visible emissions prohibition in Section .022(1) occurring
due to a high-wind episode shall constitute a violation of Section .022(1),
unless the operator demonstrates to City all the following conditions:
A. all Fugitive Dust Control Plan measures or applicable Coachella Valley Best
Available Control Measures were implemented and maintained on site; and
B. the exceedance could not have been prevented by better application,
implementation, operation, or maintenance of control measures; and
C. appropriate recordkeeping was complied and retained in accordance with
the requirements in Section .022.12 through .022.15; and
D. documentation of the high-wind episode on the day(s) in question is
provided by appropriate records.
/ a 'D
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Reporting / Recordkeeping
Before Construction
12 The operator of a project with ten acres or more of earth-moving operations
shall:
A. forward two copies of a Site-Specific, Stand Alone [8'/z by 11 inch] Fugitive
Dust Control Plan to the AQMD within ten days after approval by the
City.[Note: A separate AQMD approval will not be issued]; and
B. notify the City and the AQMD at least 24-hours prior to initiating earth-
moving operations.
During Construction
13 Any operator involved in earth-moving operations shall compile, and maintain
for a period of not less than three years, daily self-inspection recordkeeping
forms in accordance with the guidelines contained in the Coachella Valley
Fugitive Dust Control Handbook.
14 Any operator involved in earth-moving operations that utilizes chemical dust
suppressants for dust control on a site shall compile records indicating the type
of product applied, vendor name, and the method, frequency, concentration,
quantity and date(s) of application and shall retain such records for a period of
not less than three years.
After Construction
15 Any operator subject to the provisions of Section .022.12 shall notify the City
and the AQMD within ten days of the establishment of the finish grade or at the
conclusion of the finished grading inspection.
.023 Disturbed Vacant Lands /Weed Abatement Activities
1 Owners of property with a disturbed surface area greater than 5,000 square
feet shall within 30 days of receiving official notice by the City prevent trespass
through physical access restriction as permitted by the City.
2 In the event that implementation of Section .023.1 is not effective in
establishing a stabilized surface within 45 days of restricting access, the owner
shall implement at least one of the following long term stabilization techniques
within an additional 15 days, unless the City has determined that the land has
been restabilized:
A. uniformly apply and maintain surface gravel or chemical dust suppressants
such that a stabilized surface is formed; or
B. begin restoring disturbed surfaces such that the vegetative cover and soil
characteristics are similar to adjacent or nearby undisturbed native
conditions. Such restoration control measure(s) must be maintained and
reapplied, if necessary, such that a stabilized surface is formed within 8
months of the initial application.
3 Any operator conducting weed abatement activities on a site that results in a
disturbed surface area of 5,000 or more square feet shall:
A. apply sufficient water before and during weed abatement activities such
that the applicable performance standards are met; and
6
B. ensure that the affected area is a stabilized surface once weed abatement
activities have ceased.
Performance Standards and Test Methods
4 No person subject to the provisions of Sections .023.1 through .023.3 shall
cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or
extend more than 100 feet either horizontally or vertically from a source, or
cross any property line, and shall either:
A. maintain a stabilized surface; or
B. maintain a threshold friction velocity for disturbed surface areas corrected
for non-erodible elements of 100 centimeters per second or higher.
Reporting / Recordkeeping
5 Within 90 days of ordinance adoption, operators of property with disturbed
surface area of 5,000 or more square feet shall notify the City of the location of
such lands and provide owner contact information.
6 Any person subject to the provisions of Sections .023.1 through .023.3 shall
compile, and retain for a period of not less than three years, records indicating
the name and contact person of all firms contracted with for dust mitigation,
listing of dust control implements used on-site, and invoices from dust
suppressant contractors/vendors.
Section 8.50.024 Unpaved Roads
1 Owners of private unpaved roads with average daily traffic levels between 20
and 150 vehicles must take measures (signage or speed control devices) to
reduce vehicular speeds to no more than 15 miles per hour.
2 Owners of a cumulative distance of six or less miles of private unpaved roads
shall pave each segment having 150 or more average daily trips or,
alternatively apply and maintain dust suppressants in accordance with the
manufacturer's specifications for a travel surface and the performance
standards included in Section .024.4 in accordance with the following treatment
schedule:
A one-third of qualifying unpaved road segments within one year of
ordinance adoption; and
B. remainder of qualifying unpaved road segments within three years of
ordinance adoption. (Note: treatments in excess of annual requirements can
apply to future years.)
3 Owners of a cumulative distance of more than six miles of private unpaved
roads shall stabilize each segment having 150 or more average daily trips in
accordance with the following treatment schedule:
A. 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 standards established in Section .024.4
within one year of the ordinance adoption; and
/ a1) 7
B. at least two miles paved or four miles stabilized with dust suppressants in
accordance with the manufacturer's specifications for a travel surface and
the performance standards included in Section .024.4 in accordance with
the following treatment schedule annually thereafter until all qualifying
unpaved roads have been stabilized. (Note: treatments in excess of annual
requirements can apply to future years).
Performance Standards and Test Methods
4 Owners of any private unpaved road shall not allow visible fugitive dust
emissions to exceed 20 percent opacity, or extend more than 100 feet either
horizontally or vertically from the origin of a source, and shall either:
A. not allow silt loading to be equal to or greater than 0.33 ounces per square
foot; or
B. not allow the silt content to exceed six percent.
Reporting / Recordkeeping
5 Within 90 days of ordinance adoption, owners of unpaved roads shall provide
to the City and the AQMD the location and ADT estimates for all unpaved
roads.
6 Owners of unpaved roads that utilize dust suppressants shall compile, and
retain for a period of not less than three years, records indicating the type of
product applied, vendor name, and the method, frequency, concentration,
quantity and date(s) of application.
.025 Unpaved Parking Lots
1 Owners of parking lots established subsequent to ordinance adoption are
required to pave such areas, or alternatively apply and maintain chemical dust
suppressants in accordance with the manufacturer's specifications for traffic
areas and the performance standards included in Section .025.4.
2 Owners of existing private unpaved parking lots shall implement one of the
following control strategies within 180 days of ordinance adoption:
A. pave; or
B. apply and maintain dust suppressants in accordance with the
manufacturer's specifications for traffic areas and the performance
standards included in Section .025.4;
C. apply and maintain washed gravel in accordance with the performance
standards included in Section .025.4.
3 Owners of private temporary unpaved parking lots (those that are used 24 days
or less per year) shall appNy and maintain chemical dust suppressants in
accordance with the manufacturer's specifications for traffic areas and the
performance standards included in Section .025.4 prior to any 24-hour period
when more than 40 vehicles are expected to enter and park. The owner of any
temporary unpaved parking lot greater than 5,000 square feet shall implement
the disturbed vacant land requirements contained in Section .023 during non-
parking periods.
s
Performance Standards and Test Methods
4 The operator of any private unpaved parking lot shall not allow visible fugitive
dust emissions to exceed 20 percent opacity, or extend more than 100 feet
either horizontally or vertically from the origin of a source, and shall either:
A. not allow silt loading to be equal to or greater than 0.33 ounces per square
foot; or
B. not allow the silt content to exceed eight percent.
Reporting / Recordkeeping
5 Within 90 days of ordinance adoption, owners of unpaved parking lots shall
provide to the City and the AQMD the location and ADT estimates and the size
(in square feet) of unpaved parking lots.
6 Owners of unpaved parking lots that utilize chemical dust suppressants or
apply gravel shall compile, and retain for a period of not less than three years,
records indicating the type of product applied, vendor name, and the method,
frequency, concentration, quantity and date(s) of application.
.026 Public or Private Paved Roads
1 Any owner of paved roads shall construct, or require to be constructed all new
or widened paved roads in accordance with the following standards:
A. curbing in accordance with, the American Association of State Highway and
Transportation Officials guidelines or as an alternative, road shoulders
paved or treated with dust suppressants or washed gravel in accordance
with the performance standards included in Section .024.4 with the
following minimum widths:
B.
Average Daily Trips Minimum Shoulder Width
500 - 3,000 4 feet
3,000 or greater 8 feet
C. paved medians or as an alternative, medians surrounded by curbing and
treated with landscaping, dust suppressants, or washed gravel applied and
maintained in accordance with the performance standards included in
Section .024.4.
2 Any owner of public or private paved roads shall remove or cause to be
removed any erosion-caused deposits of greater than 2,500 square feet within
24-hours after receiving notice by the City or the AQMD or prior to resumption
of traffic where the paved area has been closed to vehicular traffic.
Section 8.50.030 Administrative Requirements
1 Any operator preparing a Fugitive Dust Control Plan shall complete the AQMD
Coachella Valley Fugitive Dust Control Class and maintain a current valid
Certificate of Completion.
2 At least one on-site representative of each construction or demolition general
contractor and subcontractor responsible for earth-movement operations shall
complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain
a current valid Certificate of Completion. / a (�
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3 All reporting / recordkeeping required by Section .022 shall be provided to the
City and AQMD representatives immediately upon request.
4 All reporting / recordkeeping required by Section .023 through Section .026
shall be provided to the City and AQMD representatives within 24-hours of a
written request.
Section 8.50.035 Exemptions
1 The provisions of this ordinance shall not apply to:
A. agricultural operations including on-field sources and unpaved roads used
solely for agricultural operations.
B. any dust-generating activity where necessary fugitive dust preventive or
mitigative actions are in conflict with either federal or State Endangered
Species Act provisions as determined in writing by the appropriate federal
or state agency.
C. any action required or authorized to implement emergency operations that
are officially declared by the City to ensure the public health and safety.
2 The provisions of Section .022.1 shall not apply to any construction or
demolition activity meeting any of the following activity levels or requirements:
A. the activity is occurring entirely within an enclosed structure from which no
visible airborne particulate matter escapes; or
B. activities that do not require issuance of a grading permit or those that
require a building permit provided that the project results in 5,000 or less
square feet of soil disturbance.
3 The provisions of Section .022.8 shall not apply to:
A. projects that takes two weeks or less to complete provided that a long-term
stabilization technique(s) identified in Section .023 are implemented; and
B. line projects (i.e., pipelines, cable access lines, etc.).
Section 8.50.040 Compliance
1 A person violating any section of this ordinance or any portion of an approved
Dust Control Plan is guilty of an infraction and subject to a fine as specified in
Section 1.01.155 of the Municipal Code. The third, and any additional violation,
shall constitute a misdemeanor. Any person guilty of a misdemeanor shall be
subject to a fine of not more than $1,000 and/or imprisonment for no more than
6 months Each day that the violation exists shall be deemed a separate
offense.
2 In addition to any other remedy provided by law, the failure to correct any
condition indicated in a notice of violation within one hour of issuance will allow
the City to initiate one or more of the following actions where appropriate:
A Criminal proceedings.
B Civil proceedings to obtain an injunction or any other relief against the
owner or operator to stop operations at the site.
C Refusal to issue future permits and/or release of securities held until the
owner or operator has adequately demonstrated compliance with the notice
of violation.
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D Correction of the condition by the City through the use of any securities
held under this ordinance.
SECTION 2 EFFECTIVE Date. This ordinance shall be in full force and effect 30
days after passage.
SECTION 3 PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this ordinance and to cause same or a
summary thereof or a display advertisement, duly prepared to law, to
be published in accordance with law.
Adopted this day of 2003
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
REVIEWED AND APPROVED