NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT
RULE 226 - DUST CONTROL
PART 1.0 GENERAL
| 1.1 | Purpose: The purpose of this rule is to reduce and control fugitive dust emissions to the atmosphere. |
| 1.2 |
Applicability: This rule shall apply to any person engaged in:
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| 1.3 | Exemptions: The requirements set forth in Part 3.0 - Standards do not apply to commercial agricultural operations. |
PART 2.0 DEFINITIONS
| Bulk Materials: | Any unpackaged material which emits dust when stored or handled (i.e., dirt, sand, gravel, sawdust, ash, rock, etc.). |
| Chemical Soil Stabilization/Suppression: | A means of dust control implemented by any person to mitigate PM 10 emissions by applying petroleum resins, asphaltic emulsions, acrylics, adhesives, or any other approved materials. |
| Construction Site: | A site on which construction, demolition, or related activities occur, including, but not limited to, land clearing, excavation related to construction, land leveling, grading, cut and fill grading, and the erection or demolition of a structure. As used in this Rule, a construction site may encompass several contiguous parcels, or may encompass only a portion of one parcel, depending on the relationship of the property boundaries to the actual construction activities. |
| Disturbed Area: | An area in which soils have been disturbed by grading, land leveling, scraping, cut and fill activities, excavation, brush and timber clearing, grubbing, and soils on which vehicle operation has occurred. |
| Dust Suppressants: | Water, hygroscopic materials, chemical stabilization palliatives and suppression materials, and other approved substances. |
| Fugitive Dust: | The particulate matter entrained in the ambient air which is caused from man-made and natural activities which is emitted into the air without first passing through a stack or duct designed to control flow, including, but not limited to, emissions caused by movement of soil, vehicles, equipment, and wind blown dust. This excluded particulate matter emitted directly in the exhaust of motor vehicles, from other fuel combustion devices, portable brazing, soldering, or welding equipment, and from pile drivers. |
| Hygroscopic Materials: | Any material that is readily capable of absorbing moisture from the air. |
| Land Preparation: | Any preparation of land for anthropogenic (human) purposes, including brush or timber clearing, grubbing, scraping, ground excavation, land leveling, or grading. |
| Operation: | Any activity, process, or project described in the applicability sections of the Rules of this Regulation. |
| Owner/Operator: | Includes, but is not limited to, any person who leases, supervises, or operates equipment, in addition to the normal meaning of owner or operator. |
| Palliative: | Any dust control agent used to lessen or reduce dust emissions. |
| Particulate Matter: | Any material emitted or entrained into the air as liquid or solid particulates, with the exception of uncombined water. (For PM-10, refer to Definition). |
| Paved Roads: | An improved street, highway, alley, public way, or easement that is covered by concrete, asphaltic concrete, asphalt, or other materials which provide a permanent stable surface. |
| Person: | Any individual, public and private corporation, government agency, partnership, association, firm, trust, estate, or any other legal entity which is recognized by law as the subject of rights and duties. |
| PM-10: | Particulate matter with an aerodynamic diameter smaller than or equal to a nominal ten (10) microns as measured by the applicable State and Federal reference test methods. |
| Reasonably Available Control Measures: | Techniques used to limit the emission and/or airborne transport of fugitive dust from a site including: application of water, chemical stabilizers/suppressants, soil stabilizers, or other liquids, covering, paving, enclosing, shrouding, compacting, planting, cleaning, or such other measures the Air Pollution Control Officer may approve to accomplish satisfactory results for temporary and/or extended suppression of PM-10 emissions. |
| Road: | Any paved or unpaved, public or private street, highway, freeway, alley way, access drive, access easement, haul road, or driveway. |
| Site: | Real property or land used or set aside for any specific use. |
| Unpaved Roads: | An open way that is not covered by one of the materials described in the paved road definition. |
| Vehicle: | Any device by which any person or property may be propelled, moved, or drawn, excepting aircraft or watercraft or devices moved exclusively by human or animal power or used exclusively upon rails or tracks. |
| Visible Dust Emission: | Visible dust of such opacity as to obscure an observer's view to a degree equal to or greater than an opacity of 20%, for a period or periods aggregating more than three (3) minutes in any one (1) hour. |
PART 3.0 STANDARDS
| 3.1 |
General Requirements: Any person shall take all reasonable precautions to prevent dust emissions. Reasonable precautions may include, but are not limited to, cessation of operations, cleanup, sweeping, sprinkling, compacting, enclosure, chemical or asphalt sealing, and use of wind screens or snow fences.
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PART 4.0 ADMINISTRATIVE REQUIREMENTS
| 4.1 | Correction of Condition: If the Air Pollution Control Officer documents that a person is in non-compliance with any of the provisions contained in Subsection 3.1, he will notify the person of that fact and specify a period of time in which the person must achieve compliance. Failure to comply within 24 hours or as the time determined by the Air Pollution Control Officer constitutes grounds for a Notice of Violation (NOV) citation per the District Enforcement Policy. |
| 4.2 | Remedial Action: The Air Pollution Control Officer, after proper notice, may enter upon any real property where dust is being generated and take such remedial and corrective action as he deems necessary. |
| 4.3 | Costs: Any costs incurred in connection with any remedial or corrective action taken by the Air Pollution Control Officer, pursuant to this section, shall be assessed against the owner of the property involved. Failure to pay the full amount of such incurred costs shall result in a lien against the property. The lien shall remain in effect until all costs have been fully paid, which may include, but are not limited to, cost of collection and reasonable attorney fees. |