FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT

RULE 3.16 - FUGITIVE DUST EMISSIONS
(Adopted 4/11/94)

A. PURPOSE
The purpose of this Rule is to reasonably regulate operations which periodically may cause fugitive dust emissions into the atmosphere.

B. DEFINITION
For the purpose of this Rule, the following definitions shall apply:

B.1 Fugitive Dust: Solid airborne matter emitted from any non-combustion source.
B.2 Emergency: Any act of God, but only if the owner of the property from which fugitive dust emissions originate establishes for the Feather River Air Quality Management District, by a preponderance of evidence, that he or she took reasonable precautions in light of the relevant facts and circumstances to minimize emissions.
B.3 Property Line: Adjacent properties which are owned by the same person shall be considered the same property for the purpose of determining the property line.


C. REQUIREMENTS
A person shall take every reasonable precaution not to cause or allow the emissions of fugitive dust from being airborne beyond the property line from which the emission originates, from any construction, handling or storage activity, or any wrecking, excavation, grading, clearing of land or solid waste disposal operation.

Reasonable precautions shall include, but are not limited to:

C.1 use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, construction of roadways, or the clearing of land;
C.2 application of asphalt, oil, water, or suitable chemical on dirt roads, material stockpiles, and other surfaces which can give rise to airborne dusts;
C.3 other means approved by the Air Pollution Control Officer.


D. EXEMPTIONS
The provisions of this Rule shall not apply to the following:

D.1 Agricultural Operations
D.2 Currently unworked land designated as reclaimed for agriculture
D.3 An Emergency
D.4 Unpaved roads open to public travel (this inclusion shall not apply to industrial or commercial facilities).RULE