MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT
RULE 403 - FUGITIVE DUST
(Adopted: May 7, 1976)
(a) A person shall not cause or allow the emissions of fugitive dust from any transport, handling, construction or storage activity so that the presence of such dust remains visible in the atmosphere beyond the property line of the emission source. (Does not apply to emissions emanating from unpaved roadways open to public travel or farm roads. This exclusion shall not apply to industrial or commercial facilities).
(b) A person shall take every reasonable precaution to minimize fugitive dust emissions from wrecking, excavation, grading, clearing of land and solid waste disposal operations.
(c) A person shall not cause or allow particulate matter to exceed 100 micrograms per cubic meter when determined as the difference between upwind and downwind samples collected on high volume samplers at the property line for a minimum of five hours.
(d) A person shall take every reasonable precaution to prevent visible particulate matter from being deposited upon public roadways as a direct result of their operations. Reasonable precautions shall include, but are not limited to, the removal of particulate matter from equipment prior to movement on paved streets or the prompt removal of any material from paved streets onto which such material has been deposited.
(e) Subsections (a) and (c) shall not be applicable when the wind speed instantaneously exceeds 40 kilometers (25 miles) per hour, or when the average wind speed is greater than 24 kilometers (15 miles) per hour. The average wind speed determination shall be on a 15 minute average at the nearest official air-monitoring station or by wind instrument located at the site being checked.
(f) The provisions of this rule shall not apply to agricultural operations.