§ 11-1-26 Fugitive dust control.
(A) Purpose. The purpose of this section is to provide for the health, safety, and welfare of the citizens of the City by improving air quality through the regulation of fugitive dust and PM-10 particles to the maximum extent practicable as required by federal and state law.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FUGITIVE DUST. Particulate matter not collected by a capture system that is entrained in the ambient air and is caused from human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the purpose of this section, FUGITIVE DUST does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, or from piledrivers.
LANDSCAPE DEBRIS. Debris generated or accumulated as a result of, or moved in the course of, landscape operations. LANDSCAPE DEBRIS includes, but is not limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil and rock.
LEAF BLOWER. Any device that generates a stream of air that is designed, or used, to move landscape debris.
PERMIT. A permit issued by Maricopa County, Arizona, evidencing that a dust-generating operation has a satisfactory dust control plan in place approved by the Maricopa County Air Quality Department.
PM-10. The standard adopted by the Environmental Protection Agency that focuses on smaller particulates in the air that are likely responsible for adverse health effects because of their ability to reach the lower regions of the respiratory tract. The PM-10 standard includes particles with a diameter of 10 micrometers or less (0.0004 inches or 1/7 the width of a human hair).
PUBLIC ROADWAY. Any street, alley, road, highway or thoroughfare of any kind that is used by the public or that is open to the public as a matter of right, for the purpose of vehicular travel.
STABILIZED SURFACE. Surfaces that have been treated with asphaltic concrete, cement concrete, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, or a suitable stabilization method approved by the City Engineer applied to a sufficient thickness to withstand repeated vehicular traffic.
(C) Parking and traffic restrictions on vacant lots or unpaved surfaces. It is unlawful for the owner of a vacant lot to allow the lot to be used for vehicle parking or vehicle use unless the vacant lot has been paved, or otherwise stabilized in a manner approved by the City Engineer, or his or her designee, to minimize the generation of dust or particulate matter. The owner of any vacant lot may be required to take reasonable measures, such as installing post and cable fencing along the street, barricades at driveway openings or posting of no trespassing signs, to prevent the use of said lot by unauthorized persons. This restriction shall not apply to the temporary use of a vacant lot by public service and utility providers or during construction activity for which a permit has been obtained. Owners and operators of vehicles shall comply with Section 11-1-24(A) through (D) as may be applicable.
(D) Operation of leaf blowers. A person shall only operate a leaf blower on a stabilized surface, and shall not operate a leaf blower in a manner that causes landscape debris to be blown into a public roadway.
(E) Exemption. Any site that has been issued a permit by the Maricopa County Control Officer for the control of fugitive dust from dust-generating operations, and is in compliance with that permit, is exempt from these provisions.
(F) Public nuisance. In addition to the penalties provided herein, any fugitive dust caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and shall be deemed a nuisance that is subject to abatement at the violator’s expense.
(G) Penalty. Any person who violates this section is guilty of a Class 3 misdemeanor. A Class 3 misdemeanor includes fines up to $500 plus surcharges and fees, probation up to one year, and imprisonment up to 30 days. A.R.S. 13-802(C); 13-902(A)(7); 13-707(A)(3). (Ord. 08-1107, passed 3-24-2008)