HomeMy WebLinkAboutORD 701ORDINANCE NO. 701
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
ADDING CHAPTER 24.12 TO THE PALM DESERT MUNICIPAL
CODE IN ORDER TO CONTROL THE GENERATION OF FUGITIVE
DUST.
WHEREAS, the City is committed to and responsible for
protecting and enhancing the public health, safety and welfare of
the community; and
WHEREAS, natural (e.g., sand storms) and man-made (e.g.,
construction, agriculture, road dust, and other human activities)
processes can generate fugitive dust and PM10 (defined as
particulate matter of 10 microns or less in diameter); and
WHEREAS, the Coachella Valley is in violation of federal PM10
air quality standards; and
WHEREAS, PM10 affects public health and impairs visibility;
and
WHEREAS, air quality monitoring data in the Coachella Valley
indicates that man-made processes account for the majority of
fugitive dust and PM10; and
WHEREAS, federal PM10 air quality standards for the region
cannot be attained without implementation of additional dust
control measures and improved enforcement actions; and
WHEREAS, the Clean Air Act Amendments of 1990 require that
dust. control measures be implemented before December 10, 1993; and
WHEREAS, the South Coast Air Quality Management District
(SCAQMD) has adopted a State Implementation Plan (SIP) for PM10 in
the Coachella Valley (SCAQMD, 1990) which specifies that local dust
control ordinances be enacted by December 1992; and
WHEREAS, the City has worked with the Coachella Valley
Association of Governments (CVAG) and the SCAQMD to develop the
following chapter which outlines additional dust control measures
and improved enforcement actions as required by the SIP.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, does hereby ordain as follows:
ORDINANCE NO. 701
TITLE 24 ENVIRONMENT AND CONSERVATION
CHAPTER 24.12
FUGITIVE DUST (PM10) CONTROL ORDINANCE
Section
24.12.010
Purpose and Intent
Section
24.12.020
Definitions
Section
24.12.030
Exemptions
Section
24.12.040
Applicability
1 - Construction or Demolition Activities
2 - Existing Open or Staging Area and
Public or Private Unpaved Roads
3 - Existing Unpaved Parking Lots
4 - Vacant Property
Section
24.12.050
Performance Standards
Section
24.12.060
Enforcement
Section
24.12.070
Violation and Penalties
Section
24.12.080
Severability
Section
24.12.090
Savings Clause
Section
24.12.100
Fees for Initial Review and Program
Monitoring and Inspection
Section
24.12.110
Effective Date
"SECTION 24.12.010 PURPOSE AND INTENT
The purpose of this ordinance is to establish minimum
requirements for construction and demolition activities and
other specified land uses in order to reduce fugitive dust and
corresponding PM10 emissions (defined as particulate matter
with an aerodynamic diameter of 10 microns or less).
These provisions are supplementary and additional to the
grading and zoning regulations of this code and shall be read
and construed as an integral part of the regulations and the
land development patterns and controls established; thereby, it
is the intent of the City Council to protect life and
property; promote the general welfare; enhance and improve the
physical environment of the community; and preserve subject to
economic feasibility, the natural scenic character of the
City."
"SECTION 24.12.020 DEFINITIONS
As applied in this ordinance, the following words and terms shall
be defined as follows:
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ORDINANCE NO. 701
A. "Annual Vehicle Trips" means the number of motor vehicles that.
ingress and egress an unpaved or paved surface during a
specified annual time period as defined by the current "ITE
Trip Generation Handbook." (Example: one vehicle that both
ingresses and egresses over the specified time period shall be
counted as two vehicle trips.)
B. "Average Daily Traffic (ADT)" means the average number of
vehicles that separately ingress and egress a given surface
during a specified 24 hour time period as defined by the
current "ITE Trip Generation Handbook."
C. "Applicant" means any person who is required to submit a
Fugitive Dust (PM10) Mitigation Plan to the City for review.
D. "Bulk Material" means all sand, gravel, soil, aggregate and
other organic and inorganic particulate matter.
E. "City" means the City of Palm Desert.
F. "Chemical Stabilization" means a method of dust control
implemented by a person to mitigate fugitive dust and
corresponding PM10 emissions which involves the use of non-
toxic chemical soil stabilizers in sufficient quantities to
eliminate wind erosion from disturbed surface areas provided
that such materials are not prohibited for use by the City,
the California Regional Water Quality Control Board, the
California Air Resources Board, the Environmental Protection
Agency, or any other law, rule or regulation. A sample list
may be obtained from the Director of Public Works.
G. "Construction and Demolition Activities" means any on -site
mechanical activities preparatory to or related to the
building, alteration, rehabilitation, demolition or
improvement of property, including but not limited to the
following activities; grading, excavation, loading, crushing,
blasting, cutting, planning, shaping or breaking.
H. "Director" means Director of Public Works/City Engineer or his
or her designee.
I. "Disturbed Surface Area" means a portion of the earth's
surface which through the activities of man has been
physically moved, uncovered, destabilized, or otherwise
modified from its undisturbed natural soil condition but does
not include land used for agriculture or areas which have been
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ORDINANCE NO. 701
restored to a natural state, such that the vegetative ground
cover and soil characteristics are similar to adjacent or
near -by natural conditions.
J. "Dust Control Implements" means tools, machines, devices,
supplies and/or other approved methods intended to prevent
entrainment of fugitive dust into the ambient air, or to
prevent soil or other materials from being tracked onto paved
roads by motor vehicles.
K. "Dust Suppressants" means water, vegetation, hygroscopic
materials, or chemical soil stabilization materials not
prohibited for use by the City, the Regional Water Quality
Control Board, the Environmental Protection Agency, the
California Air Resources Board or any other law, rule or
regulation. A sample list may be obtained from the Director
of Public Works.
L. "Fugitive Dust" means any solid particulate matter that
becomes airborne, other than that emitted from an exhaust
stack, directly or indirectly as a result of the activities of
man.
M. "Off Road Motor Vehicles" means any wheeled vehicle which is
used off paved roadways and includes but is not limited to the
following:
1. Any motor cycle or motor -driven cycle.
2. Any motor vehicle commonly referred to as a sand buggy,
dune buggy or all terrain vehicle.
N. "Open Areas" means any unpaved motor vehicle parking area,
truck stop, disturbed surface area, or unimproved lot
(acreage) located on public or private property.
O. "Open Storage Pile" means any accumulation of bulk material
with a height of three feet or more and a total surface area
of 300 or more square feet.
P. "Owner" means the person, partnership, corporation, agency or
other public or private entity whose name appears as the owner
on deeds duly recorded in the Riverside County Recorder's
office.
Q. "Parking Lot" means an area utilized for parking vehicles and
associated vehicle maneuvering;
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ORDINANCE NO. 701
1. Paved parking lots are those covered with typical roadway
materials.
2. Unpaved parking lots are all parking lots which are not
paved.
3. Temporary unpaved parking lots are those used for an
event lasting three (3) consecutive days or less or five
(5) cumulative days or less within a given month,
provided that vehicle activity never exceeds 100 vehicles
per day as determined by the City.
R. "Particulate Matter" means any material, except uncombined
water, which exists in finely divided form as a liquid or
solid at standard conditions.
S. "Paved Road" means an improved street, highway, alley, public
way, or easement that is covered by a typical roadway
materials;
1. Public paved roads are those open to public access and
that are owned or controlled by any federal, state,
county, municipal or any other governmental or quasi -
governmental agencies.
2. Private paved roads are any paved roads not defined as
public, whether or not open to the public.
T. "Permittee" means any person who has received approval of a
Fugitive Dust (PM10) Mitigation Plan by the City.
U. "Person" means any individual, corporation, public entity,
partnership or association existing under or authorized by the
laws of the State.
V. "PM10" means particulate matter with an aerodynamic diameter
smaller than or equal to 10 microns as measured by the
applicable federal reference test methods. (40 Code of
Federal Regulations, Part 50, Appendix J)
W. "Reasonably Available Fugitive Dust Control Measures" means
all U.S. EPA - approved techniques used to prevent the
emission and/or airborne transport of fugitive dust.
Currently approved techniques included in U.S. EPA guidance
documents include, but are not limited to, the use of
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ORDINANCE NO. 701
coverings and enclosures, application of dust suppressants or
installation of dust control implements. (General Preable,
Implementation of Title 1, Clean Air Act Amendments of 1990,
Appendix C 1, U.S. EPA, March 27, 1992)
X. "Road Length" means the total centerline distance of all
contiguous sections of a road, regrdless of change of
direction, road name, or surface type, or intersection with a
road not owned or operated by the applicant or permittee.
Y. "Site" means the real property on which activities subject to
this ordinance may occur.
Z. "Staging Area" means an area used for the shipping, receiving,
transferring, storage or assembly of goods and materials.
AA. "Typical Roadway Materials" for permanent roadways means
cement, asphalt or asphaltic concrete.
BB. "Unpaved Road" means any unpaved service roads, internal
access roads, heavy and light duty equipment paths and other
roadways which are not covered by typical roadway materials as
defined herein;
1. Public unpaved roads are those open to public access and
that are owned or controlled by any federal, state,
county, municipal or any other governmental or quasi -
governmental agencies.
2. Private unpaved roads are all other unpaved roadways not
defined as public, whether or not open to the public.
CC. "Urban Area" means land located within the improved areas the
City of Palm Desert."
"SECTION 24.12.030 EXEMPTIONS
Any person seeking an exemption from the provisions of this
ordinance shall submit a petition to the Director for approval.
The following activities may be exempted from the provisions of
this ordinance subject to approval from the Director:
A. Actions which cannot mitigate fugitive dust emissions because
all potential mitigations would, as determined by the
Director, conflict with the federal or State Endangered
Species Act or with City statutes or ordinances as they
pertain to weed abatement or fire hazard control.
ORDINANCE NO. 701
B. Agricultural operations, including growing, harvesting,
tilling, cultivating, or the raising of animals, fowl, or
bees; excluding unpaved roads associated with such operations.
C. Any construction and/or demolition activity which does not
require issuance of a grading permit or a demolition permit.
D. Any construction and/or demolition activity meeting any of the
following activity levels or requirements:
1. occurring entirely within an enclosed structure from
which no visible airborne particulate matter escapes;
2. modifications or additions to existing detached single
family residential dwellings.
E. Unpaved roads with an average daily traffic (ADT) volume of
less than 20 vehicles, as determined by the City.
F. Unpaved roads used for activities lasting three (3)
consecutive days or less, and five ( S ) cumulative days or less
within a calendar month, provided that vehicle activity never
exceeds 100 vehicles per day as determined by the City.
G. Unpaved parking lots for existing land uses which require
fewer than eight (8) parking spaces as determined by the
City's Zoning Ordinance, provided that said use does not
generate more than 6,000 annual vehicle trips, as determined
by the City.
H. Temporary unpaved parking lots.
I. Any action required or authorized to implement emergency
operations which are officially declared by the City or County
to ensure the public health and safety."
"SECTION 24.12.040 SUBJECT ACTIVITIES AND USES
1. Construction or Demolition Activities
A. A person applying for a grading or demolition permit
shall not conduct any operations unless he or she has
first obtained an approved Fugitive Dust (PM10)
Mitigation Plan (Plan).
B. A proposed Plan shall be submitted to the Director
concurrent with the grading or demolition permit shall
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ORDINANCE NO. 701
not be issued unless a proposed Plan has been submitted
and subsequently approved.
C. A person with an approved Plan shall comply with all of
the requirements of the Plan as of the approval date.
D. A person seeking any amendment to an approved grading or
demolition permit shall also resubmit the Plan for review
and possible amendment by the Director.
E. A person possessing an approved Plan may submit a
proposed amended Plan at any time for review by the
Director. The activity will continue to be subject to
the requirements of the approved Plan until such time
that an amended Plan is approved by the Director.
F. A person who reapplies for a grading or demolition permit
approved prior to adoption of this ordinance must submit
a Plan.
2. Existing Open Areas or Staging Areas, and Public or Private
Unpaved Roads
A. The owner of any existing unpaved roadway with average
daily traffic (ADT) volumes between 20 and 150 vehicles,
as determined by the City of Palm Desert shall take
measures to reduce vehicular speeds to 15 miles per hour
or develop a Fugitive Dust (PM10) Mitigation Plan which
details the improvements or dust suppressant application.
Such a plan must be approved by the Director in
accordance with this Chapter. Measures to reduce
vehicular speeds to 15 miles per hour are to include, but
shall not be limited to, posting speed limit signs or
installation of speed control devices in accordance with
City of Palm Desert rules and regulations as well as the
laws of the State of California.
B. The owner of any existing open area or staging area(s),
or public or private unpaved road(s) with ADT volumes
greater than 150 vehicles shall submit to the Director a
proposed Fugitive Dust (PM10) Mitigation Plan (Plan) no
later than six (6) months after the effective date of
this ordinance.
C. The owner of any existing open areas or staging area(s),
or, public or private unpaved road(s) having ADT volumes
greater than 150 vehicles with an approved Plan must
ORDINANCE NO. 701
comply with all of the requirements of the Plan within 60
days after the approval of the Plan.
D. The owner of any existing open areas or staging area(s),
or public or private unpaved road(s) having ADT volumes
greater than 150 vehicles with a denied Plan must within
30 days from the date of disapproval correct specified
deficiencies and resubmit a revised Plan to the Director.
Once approved, the owner must comply with all the Plan
requirements within 30 days of its approval.
E. The owner of any existing open areas or staging area (s),
or, public or private unpaved road(s) having ADT volumes
greater than 150 vehicles with an approved Plan may
submit a proposed amended Plan at any time for
consideration by the Director. The activity will
continue to be subject to the requirements of the
approved Plan until such time that an amended Plan is
approved by the Director.
3. Existing Unpaved Parking Lots
A. The owner of any existing unpaved parking lot(s) shall,
within six (6) months from the effective date of this
ordinance (grace period), pave the area utilized for
parking or vehicle maneuvering with typical roadway
material. Said owner may petition the Director during
the six (6) month grace period to permit the use of
chemical stabilization, recycled asphaltic road base
and/or other materials as approved by the Director
instead of paving.
B. Existing unpaved parking lots can utilize "grass crete"
or a lawn area as a PM10 Mitigation improvement provided
they are maintained so as to a standard approved by
Director.
C. The owner of any existing unpaved parking lot(s) which
petitions the Director under Section 24.12.040 3(A) shall
prepare a Fugitive Dust (PM10) Mitigation Plan (Plan)
which describes the concentrations and frequencies of
dust suppressant application. The Director may require
the Plan to contain provisions for annual resubmittal to
the City to ensure that the control measures specified by
the Plan are implemented by the owner.
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ORDINANCE NO. 701
D. The owner of any existing unpaved parking lot(s) with a
denied Plan must within 30 days from the date of
disapproval either 1)pave the area used for parking and
vehicle maneuvering with typical roadway material or 2)
correct the specified deficiencies and submit a revised
Flan to the Director for review. The requirement to pave
within 30 days of disapproval will not begin until the
six (6) month grace period has ended.
E. The owner of any temporary unpaved parking area(s) shall
treat areas used for parking and vehicle maneuvering with
chemical stabilization 48 hours prior to each individual
event which requires parking for 100 or more vehicles per
day, as determined by the City.
4. Unimproved Property
A. The owner of any unimproved property shall discourage the
use of said property for off road motor vehicle use where
there are any indications of such use. Methods to
discouage off road motor vehicle use may include, but
shall not be limited to, signs at intervals of not more
than 300 feet as measured along with access perimeter,
fencing along the access perimeter and/or other methods
as deemed necessary by the Director. ,
B. In cases where the City is the owner of the unimproved
property being used by off road vehicles, the City shall
restrict/prohibit the use of such vehicles when wind
speeds exceed 25 miles per hour in these areas. Methods
listed in Section 24.12.050 4(A) above are also
appropriate for publicly owned property."
"SECTION 24.12.050 PLAN REQUIREMENTS
1. Fugitive Dust (PM10) Mitigation Plan
A. Any person required to submit a Fugitive Dust (PM10)
Mitigation Plan (Plan) shall prepare and submit a plan to
control fugitive dust through implementation of
reasonably available control measures such that fugitive
dust emissions are in compliance with South Coast Air
Quality Management District Rule 403. The Plan shall be
subject to approval of the Director and must include
provisions to treat disturbed surface areas at
construction and demolition sites with dust suppressants
when activities have ceased for 30 days or more. Said
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ORDINANCE NO. 701
treatments must be in sufficient frequencies and
quantities to prevent visible emissions from crossing the
property line. In addition to the before -mentioned
provisions, the Plan must also include one or more of the
following fugitive dust control techniques:
o Application of chemical stabilization to unpaved
roads and vehicle parking areas.
o Application of sufficient water prior to initiating
any earth -movement.
o Application of sufficient water to disturbed
surface areas.
o Application of dust suppressants on disturbed
surface areas when construction activities cease
for more than four (4) consecutive days.
o Installation of wind fencing bordering disturbed
surface areas upwind of paved roadways or urban
areas.
o Sweeping and/or cleaning streets where vehicles
exit construction sites.
o installation of bedliners in fill import and export
vehicles.
o Covering of fill import and export vehicles when
carrying bulk material.
o Installation of wheel washers where vehicles exist
disturbed surface areas on to paved roads.
o Paving of construction access roads.
o Paving of all roads on a construction site at the
earliest feasible time.
o Revegetation of disturbed surface areas.
Revegetation shall conform with City Water
Ordinance.
o Installation of temporary security fencing
surrounding disturbed surface areas which have been
treated with dust suppressants.
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ORDINANCE NO. 701
o Any other measures as approved by the Director.
B. The City shall either 1 ) approve the Plan, 2 ) approve the
Plan with conditions or, 3) deny the Plan with an
explanation of what additional measures are needed.
Approval of a Plan with conditions shall represent an
approved Plan provided that the applicant agrees to
comply with all the conditions of approval. (Allowing
plan approval with conditions is optional.)
C. For any Plan which is approved with conditions, the City
will attach one or more of the following conditions of
approval, as deemed necessary by the Director, to ensure
an adequate level of fugitive dust control: 1)
additional fugitive dust mitigations, 2) mitigation
monitoring, and/or 3) a letter of credit or other
financial securities which meet the requirements of the
City Attorney and are equal to a percentage of the
grading permit bond. Any financial securities collected
under the provisions of this ordinance would be held by
the City for potential use in mitigating sources of
fugitive dust not adequately mitigated by the applicant
under the approved plan. Said securities would be
returned to the applicant once the potential source of
fugitive dust has been eliminated.
D. The City shall not issue a grading or demolition permit
without an approved Plan for said activity unless the
applicant has obtained an exemption determination
pursuant to Section 24.12.030 of this Chapter.
E. Approval of a Plan will permit the City to enter the
subject property to verify and ensure that the
requirements of the Plan are being implemented.
F. Upon denial of a Plan the applicant may petition the
disapproval to the City Council. A petition for appeal
of a disapproval must be submitted to the Director within
ten (10) calendar days after the Plan has been
disapproved. The appropriate hearing board shall make
the final determination as to Plan approval, conditional
approval or denial in accordance with existing
procedures.
G. Any person who receives an approved Plan shall compile
and retain records of evidence of control measures
application during project implementation and for a
period of one (1) year after project completion. Said
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ORDINANCE NO. 701
records of evidence may include, but shall not be limited
to, name and contact person of all firms contracted with
for dust suppression, listing of all dust control
implements used on -site, proof (invoices from dust
suppressant and dust control implement vendors) of dust
suppressant application at the concentrations specified
by the Plan, and costs associated with implementation of
the Plan. The records may also be required to be
submitted to the City upon request.
H. Any person required to submit a Fugitive Dust (PM10)
Mitigation Plan may obtain from the Department of Public
Works the following:
l.a. existing land uses and sites Fugitive Dust (PM10)
Mitigation Plan guidelines (Exhibit 1);
b. existing land uses and sites Fugitive Dust (PM10)
Mitigation Sample Plan (Attachment A);
c. List of Dust Control Vendors (Attachment B).
2.a. Small scale constructional demolition projects,
five acres and less, Fugitive Dust (PM10)
Mitigation Plan guidelines (Exhibit 2);
b. Reasonable available Control Measures
(Attachment 2A);
c. Small scale construction/demolition projects, five
acres and less, Fugitive Dust (PM10) Mitigation
Sample Plan (Attachment 2B).
d. Recordkeeping Document (Attachment 2C).
3.a. Medium -Large Scale Construction/Demolition
projects, greater than five acres, Fugitive Dust
(PM10) Mitigation Plan Guidelines (Exhibit 3);
b. Reasonably Available Control Measures (Attachment
3A);
c. Medium -Large Scale Construction/Demolition Projects
Greater than five acres, Fugitive Dust (PM10)
Mitigation Sample Plan (Attachment 3B);
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ORDINANCE NO. 701
d. Cost Information for Medium -Large Scale
Construction/Demolition Projects, (greater than
five acres, Fugitive Dust (PM10) Mitigation Plan.
"SECTION 24.12.060 ENFORCEMENT
1. Construction/Demolition Activities
A. Violation of, or failure to comply with any provisions of
an approved Fugitive Dust ( PM10 ) Mitigation Plan shall be
a violation of this ordinance.
B. Failure to correct any condition indicated in a notice of
violation within 24 hours of issuance will permit the
City to initiate one or more of the following actions:
o Legal proceedings to obtain an injunction against
the owner or permittee.
o If applicable, suspend issuance of all future
permits issued by the City and suspend the release
of securities held until the owner or permittee has
adequately demonstrated compliance with the notice
of violation.
2. Existing Activities and Uses
A. Failure of existing activities and uses which are subject
to this ordinance to comply with the provisions of this
ordinance or failure to submit a Fugitive Dust (PM10)
Mitigation Plan (Plan) within six (6) months of its
effective date will be a violation of this ordinance.
B. A Plan prepared for existing activities and uses which is
disapproved by the Director must be revised by the
applicant and resubmitted to the Director within thirty
(30) calendar days of receipt of the notice of
disapproval, or the applicant shall be deemed in
violation of this ordinance.
C. A Plan which is denied for a second consecutive time
shall be a violation of this ordinance.
D. Violation of, or failure to comply with any provisions of
an approved Plan shall be a violation of this ordinance.
E. Failure to correct the condition indicated in the notice
of violation within 24 hours of issuance will permit the
City to initiate legal proceedings to obtain an
injunction against the owner or permittee."
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ORDINANCE NO. 701
"SECTION 24.12.070 VIOLATION AND PENALTIES
A person violating any provisions of this ordinance shall be
guilty of an infraction, unless the violation is specifically
f iled by the City Attorney as a misdemeanor. Each day the
violation exists shall be deemed a separate offense. A
misdemeanor shall be punishable by a fine of not more than
five hundred dollars or by imprisonment in the county jail for
no more than six months or by both such fine and
imprisonment."
"SECTION 24.12.080 SEVERABILITY
if any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, the remainder
of the ordinance and application of such provision(s) to other
persons or circumstances shall not be affected."
"SECTION 24.12.090 SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any
other ordinance in which violations were committed prior to
the effective date hereof, shall be construed as a waiver of
any license, or penalty or the penal provisions application to
any violation thereof. The provisions of the ordinance,
insofar as they are substantially the same as ordinance
provisions previously adopted by the City relating to the same
subject matter, shall be construed as restatements and
continuations, and shall not be construed as a new enactment
unless substantial revisions or provisions are required by
this ordinance."
"SECTION 24.12.100 FEES FOR INITIAL REVIEW AND PROGRAM MONITORING
AND INSPECTION FEES
For the purposes of meeting its obligations under this
Chapter, fees are deemed necessary to review the Fugitive Dust
(PM10) Mitigation Plan as well as monitor and inspect the
project to insure the plan is being carried out by applicant,
property owner or designee. The fees shall be set by a
resolution of the City Council of the City of Palm Desert.
A. A Fugitive Dust (PM10) Mitigation Plan review fee will be
due at the time of initial project application submission
to the Public Works Department or the Building and Safety
Department for demolition projects.
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ORDINANCE NO. 701
B. The City Council of the City of Palm Desert shall set by
resolution, fees for Fugitive Dust (PM10) Mitigation Plan
review, monitoring and inspection. The City Council
resolution will distinguish and set three fees for the
following plan submittals:
1. Fugitive Dust (PM10) Mitigation Plan and Control
for existing land use and sites.
2. Fugitive Dust (PM10) Mitigation Plan and Control
for small scale construction/demolition projects,
five acres and less.
3. Fugitive Dust (PM10) Mitigation Plan and Control
for medium -large scale construction/demolition
projects, greater than five acres.
C. If a Fugitive Dust (PM10) Mitigation Plan is not
submitted prior to land alteration or the start of
construction work, for those persons required to submit
a plan, a late submittal fee of twice the plan review,
monitoring and inspection fee of twice the normal fee
shall be required."
a
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ORDINANCE NO. 701
"SECTION 24.12.110 EFFECTIVE DATE
The City Clerk shall certify to the passage hereof, cause it
to be entered into the Minutes of the City Council and cause
it to be posted as required by law. This ordinance shall take
effect on the 30th day following the date of its adoption."
PASSED, APPROVED and ADOPTED by the City Council of the City
of Palm Desert, California on this 14 day of January, 1993,
by the following vote, to wit:
AYES: CRITES, KELLY, SNYDER, WILSON, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
r ..
SHEILA R.-
CITY OF P1
JMW/rgf
LLIGAN� CITY CLERK
DESER CALIFORNIA
J Y M. BENSON, MAYOR
CI OF PALM DESERT, CALIFORNIA
17
EXISTING LAND USES AND SITES
FUGITIVE DUST (PM10) MITIGATION PLAN
7:
Existing Land Uses and Sites
Fugitive Dust (PM 10) Mitigation Plan
Date: Jurisdiction:
Project File #:
(Check One)
Existing Open Area(s) Existing Public Unpaved Road(s)
Existing Staging Area(s) — Existing Private Unpaved Road(s)
Existing Parkingt—ot(s)'
Part 1 - General Information
Please provide the information below as completely as possible. Failure to provide complete
information or provision of inaccurate information may delay the processing of your Fugitive
Dust (PM10) Mitigation Plan. It is recommended that you make a photo copy of your Plan
prior to submitting it to the City. Attachment A contains a sample Fugitive Dust (P.W10)
Mitization Plan (Plan) to assist vou.
Property Owner:
Address:
Day Phone Number.
Alternate Phone Number.
Tenant/Lessee (If different from above):
Address:
Day Phone Number:
Alternate Phone Number.
Source (Check Onel
— Existing Open Area(s)
Existing Staging Area(s)
Existing Public Unpaved Road(s)
Existing Private Unpaved Roads)
Existing Parking Lot(s)'
Activity Level'-
1 Director must review a prior request for exemption from the requirement to pave a
parking lot before this Plan can be considered.
2 Average number of vehicles parked per day or average number of vehicular trips per day.
You can estimate these levels or you can consult with the City to obtain typical
generation rates.
Part 2 - Description of Control Measure Application
There are only three acceptable methods of fugitive dust control for these existing sources;
chemical stabilization (includes application of asphaltic road base), revegetation and frequent
(daily) watering. In the space provided below please first list the source and then describe the
method of control and associated costs. Attachment A contains a sample Fugitive Dust
(P.M10) !Mitigation Plan (Plan) to assist you. Attachment B contains a list of dust control
u rce
Description of Control
Costs for Control
Attach additional information if necessary.
Part 3 - Agreement
I certify that the information contained in this Fugitive Dust (PM10) Mitigation Plan is true
and accurate and that all measures specified in Part 2 will be implemented at the
concentrations and frequencies as identified. I authorize the City of to
enter the above mentioned property for inspection and/or abatement purposes, and I agree
to hold harmless the City and its representatives from liability for any actions related to this
Plan.
Signature o er or Authorized Representative ate
I have read the conditions of the Fugitive Dust (PMIO) Mitigation Plan and the owner has
authorized the implementation of all its provisions at the concentrations and frequencies
identified.
Signature ot Lessee or Authorized Representative ate
(If not the same as above)
000;-u:.,
For City Use Only
Based on all of the provisions contained in this Fugitive Dust (PM10) Mitigation Plan
the Plan is:
Approved
Conditionally approved (Conditions specified below)
Denied (Explanation attached)
Signature of City Representative (Date)
The following conditions of approval have been added to the Plan by staff in order to ensure
an adequate level of fugitive dust control.
(Attach addiuonal Informatio-n- -necessary
I have read the above conditions of the Fugitive Dust (PM10) Mitigation Plan and I agree
to implement of all provisions at the concentrations and trequenctes identitied.
Signature ot Owner or Authori.zed Representative ate
000 v
ATTACHMENT A - SAMPLE PLAN
Existing Land Uses and Sites
Fugitive Dust (PM10) Mitigation Plan
Date -July 31, 1992 Jurisdiction: Palm Springs Project File #: CVH 92
(Check One)
Existing Open Area(s) Existing Public Unpaved Road(s)
Existing Staging Area(s) X Existing Private Unpaved Road(s)
Existing Parking Lot(s)1
Part 1 - General Information
Please provide the information below as completely as possible. Failure to provide complete
information or provision of inaccurate information may delay the processing of your Fugitive
Dust (PM10) Mitigation Plan It is recommended that you make a photo copy of your Plan
prior to submitting it to the City. Attachment A contains a sample Fugitive Dust (PM10)
Mitigation Plan Plan to assist vou.
Property Owner. Canyon View Home Owners Association (Jack
Johnston, President)
Address:1234 Canyon View, Palm Springs, CA 92201
Day Phone Number: (619) 12 3 -4 5 6 7
Alternate Phone Number. Association Attorney (John Davidson
Associates)
Tenant/Lessee (If different from above): Same as above
Address: N/A
Day Phone Number. N/A
Alternate Phone Number. N/A
1 Director must review a prior request for exemption from the requirement to pave a
parking lot before this Plan can be considered.
00it _ U
In the space below, please describe the source which is proposed for fugitive dust control.
Source (Check One) -ain Activity level=
i
Existing Open Area(s)
Existing Staging Area(s)
Existing Public Unpaved Road(s)
X Existing Private Unpaved Road(s) i mile 160+/day '
Existing Parking Lot(s)1
Part 2 - Description of Control Measure Application
There are only three acceptable methods of fugitive dust control for these existing sources:
chemical stabilization (includes application of asphaltic road base), revegetation and frequent
(daily) watering. In the space provided below please first list the source and then describe the
method of control and associated costs. Attachment A contains a sample Fugitive Dust
(PM10) Mitigation Plan (Plan) to assist you. Attachment B contains a list of dust control
Source -Existing Private Unpaved Road. This road serves a small
residential development of 16 single family homes.
Description of Control -We have contracted with XYZ Stabilization,
Inc. to treat our access road twice a year, once in March and
once in August. According to XYZ Stabilization, Inc. the road
will be treated with a stabilizer at a concentration of 480
gallons per acre and water at 2,100 gallons/acre.
Costs for Control -Our contract with XYZ Stabilization, Inc. is for
$2,400 per year.
Attach additional information if necessary.
2 Average number of vehicles parked per day or average number of vehicular trips per day.
You can estimate these levels or you can consult with the City to obtain typical
generation rates.
Part 3 - Agreement
I certify that the information contained in this Fugitive Dust (PM10) Mitigation Plan is true
and accurate and that all measures specified in Part 2 will be implemented at the
concentrations and frequencies as identified. I authorize the City of to
enter the above mentioned property for inspection and/or abatement purposes, and F7a-g-ree
to hold harmless the City and its representatives from liability for any actions related to this
Plan.
Signature of Owner or Authorized Representative ate
I have read the conditions of the Fugitive Dust (PM10) Mitigation Plan and the owner has
authorized the implementation of all its provisions at the concentrations and frequencies
identified.
-ifnature o Lessee or Authorized Representative ate
(Inot the same as above)
00u, U
For City Use Only
Based on all of the provisions contained in this Fugitive Dust (PM10) Mitigation Plan
the Plan is:
Approved
Conditionally approved (Conditions specified below)
Denied (Explanation attached)
Signature of City Representative (Date)
The following conditions of approval have been added to the Plan by staff in order to ensure
an adequate level of fugitive dust control.
(Attach iuon ormation it necessary
I have read the above conditions of the Fugitive Dust (PM10) Mitigation Plan and I agree
to implement of all provisions at the concentrations and frequencies identified.
Signature of Owner or Authorized Representative ate
0 0 �.� .
ATTACHMENT B - LIST OF DUST CONTROL VENDORS
The following is a list of chemical dust suppressants and vendors. This resource list has been
compiled from information provided to the South Coast Air Quality Management District
(District) and the City by various vendors, but there are likely to be additional products which
are commercially available. This resource listing is not an endorsement by the District or the
City to use any particular product. It is the responsibility of each person who wishes to use a
chemical dust suppressant to assure that such product is not prohibited for use in fugitive dust
control by the California Regional Water Quality Control Board, the California Air Resources
Board, the Environmental Protection Agency, or any applicable laws.
Product :Name
Vendor Contact
Products Primarily Used on Disturbed Surface Areas and Inactive Construction Sites`
A/F 2000 American Fiber Company
(organic compound) Whittier
(213) 693-4072
Applegate Mulch Precision Hydroseeding Company
(organic compound) Palm Desert
(619) 564-3491
Calcium Chloride Lee Chemical, Inc.
(hygroscopic salt) Moreno Valley
(714)369-5292
Witco
Golden Bear Division
Sun Lakes, AZ
(602) 895-8966
Eco-Polymer Eco-polymer
(polymer) Santa Clarita
(805) 254-3597
Lignosulfonate Jim Good Marketing
(wood pulp by-product) Shafter, CA
(805) 746-3783
ITT Rayonier
Seattle, WA
(800) 228-0604
Product Name
Magnesium Chloride
(hygroscopic salt)
Vendor Contact
Western Spreading & Transportation, Inc.
Escondido, CA
(714) 784-7411
South Western Sealcoating, Inc.
Murietta. CA
(714) 677-4812
Jim Good '.Marketing
Shafter, CA
(805) 746-3783
Soilmaster Environmental Soil Systems, Inc.
(polymer) Granada Hills
(818)368-9393
Soil Seal Soil Seal Corporation
(polymer) Los Angeles
(213)727-0654
Soil Cement
(polymer)
Soil Stabilization Products
Merced, CA
(209) 383-3296
Midwest Industrial Supply
Canton, Ohio
1-800-321-0699
Products Primarily Used on Unpaved Roads
Road Oyl Soil Stabilization Products
(pine tar) Merced, CA
(209)383-3296
Coherex-PM Desert Dust Control
(petroleum resin) Indio
(619) 772-0911
Check with specific vendors for application purposes of individual products. Some
products may be used for both unpaved roads and disturbed surface areas.
00i1 UJ
SMALL SCALE CONSTRUCTION/DEMOLITION
PROJECTS (LESS THAN 5 ACRES)
FUGITIVE DUST (PM10) MITIGATION PLAN
Date:
Small Scale Construction/Demolition Projects f5 Acres or Less)
Fugitive Dust (PM10) Mitigation Plan
Jurisdiction: File #:
Part 1 - Project Information
Please provide the information below as completely as possible even if it has already been
provided on other forms related to this project. Failure to provide complete information or
provision of inaccurate information may delay the processing of your Fugitive Dust (PMIO)
Mitigation Plan (Plan). It is recommended that you submit your Plan concurrent with your
grading or demolition permit application
Project proponent:
Address:
Day phone number: Emergency phone number.
Grading contractor (Contact Person):
Address:
Day phone number: Emergency phone number.
Construction site street address:
Construction site location:
(Please include an 8 S x 11 location map)
Construction site assessor's parcel number (Tract #):
Parcel (Tract) size: Acres or Square feet
Anticipated date of physical project initiation:
Anticipated date of project completion:
Anticipated costs for dust suppression:
(Attachment C - Must also be completed and mailed to the appropriate address when
construction activities have been completed)
1 All projects greater than one half (1/2) acre are also subject to SCAQMD Rules 403 and
403.1.
Part 2 - Fugitive Dust Control Actions
From the inventory of iieitive dust control measures provided in Attachment A. please indicate
:Ozich measures are -? implemented during the project by placing the letter beneath the
fugitive dust source 2d below. Please indicate at which phase the measure will be
implemented, either uc Rough Grading (RG), Finish Grading (FG), or Final Construction
(FC). Demolition projects should only indicate measures in the Rough Grading (RG) column.
After indicating what measures are to be implemented, complete the "Details" section by
describing how and when the measures are to be implemented To assist you. a completed
sample Fugitive Dust (PM10) Mitigation Plan is included as Attachment B.
Fr f.0 Details fe.Q., freauencv of application. number and type of dust control implements. etc.
Please be as specific as possiblel
Unpaved Roads
Storage Piles
Paved Road Track -out
RG DQ -E Details i ex.. frequency of application number and tune of dust control implements etc
Please be as specific as possible)
Land Clearing or Earth -Moving
Disturbed Surface Areas
I certify that the information contained in this Fugitive Dust (PM10) Mitigation Plan is true
and accurate and that all measures specified in Part 2 will be implemented during project
construction. I authorize the City of to enter the above mentioned property
for inspection and/or abatement purposes, an agree to hold harmless the City and its
representatives from liability for any actions related to this project. I also agree to
complete the record -keeping requirements included herein as Attachment C once the
project has been completed.
Signature of Owner or Authorized Representative ate
I have read the conditions of the Fugitive Dust (PM10) Mitigation Plan and the owner has
authorized the implementation of fits provisions throughout project buildout.
(If not the same as above)
For City Use Only
Based on all of the provisions contained in this Fugitive Dust (PM10) Mitigation Plan
the Plan is:
Approved
Conditionally approved (Conditions specified below)
Denied (Explanation attached)
Signature of City Representative (Date)
The following conditions of approval have been added to the Plan by staff in order to ensure
an adequate level of fugitive dust control
(Attach additionadditionil infbiffMfion it necessary
I have read the above conditions of the Fugitive Dust (PM10) Mitigation Plan and I agree
to implement of all provisions at the concentrations and frequencies identified.
Signature of Owner or Authorized Representative ate
ATTACHMENT A - REASONABLY AVAILABLE CONTROL MEASURES
The left column contains rite sources of fugitive dust which are intended for emission control
under the City"s dust control ordinance. The two right columns contain an inventory and
description of reasonably available fugitive dust control measures for each of the sources.
Please use this information as a guide when preparing a Fugitive Dust (PM10) Mitigation Plan.
A sample completed Plan is included in Attachment B.
(Source No) Reasonably Available
ource Control Measures Comments
(1)
Land (A) Watering o Application of water by means of truck. hoses and/
Clearing/ or sprinklers prior to any land clearing or earth
Earth- movement will increase the moisture content thereby
moving increasing stability of material
o Once the initial land clearing/earth movement activities are
complete, a second round of watering can generate a thin
crust which stabilizes the disturbed surface areas provided
that it is not disturbed
o Security fencing can be used to prevent unwanted future
disturbances of sites where a surface crust has been created
(B) Chemical stabilization o Only effective in areas which are not subject to daily disturbances
o Vendors can supply information on product application and
required concentrations
(C) Wind fencing o Three to five foot barriers adjacent to roadways or urban areas
can be effective in reducing the amount of wind blown
material leaving a site
o Should be used in conjunction with other measures
(D) Cover haul vehicles o Entire surface area should be covered once vehicle is full
(E) Wheel washers o Should be placed where vehicles exit unpaved areas onto paved
areas
o System can be adjusted to spray entire vehicle, including stored
bulk material in haul vehicles
(2)
Unpaved (F) Paving o Requires street sweeping/cleaning if subject to material
Roads accumulation
(G) Chemical Stabilization o Vendors can supply information as to application methods and
concentrations
o Not recommended for roads with high volumes or those used for
heavy equipment
(H) Watering o In sufficient quantities to keep surface moist
o Required application frequency will vary according to soil type,
weather conditions, and vehicular use
(Source No) Reasonably Available
Source Control Measures
(2)
Unpaved (1) Reduce speed limits
Roads
(Cont'd) (J) Reduce vehicle trips
Comments
o L5 mile per hour maximum
o Access restriction or redirecting traffic to paved roads in order to
reduce vehicle trips by a minimum of 60 percent
-------------------------------------------------------------------------------------------------------------------------------------------
(3)
Storage (K) Wind sheltering o Choices include silos or enclosures
Piles o Enclosures should consist of three sided barriers equal to height of
material with no more than 50 percent porosity
(L) Wet suppression o Application methods include: spray bars, hoses and water trucks
o Frequency of application will vary on site specific conditions
(M) Chemical suppression o Best for use on storage piles subject to infrequent disturbances
(N) Altering loadin/loadout o Confine loadin/loadout procedures to leeward (downwind) side
procedures of the material
o Most effective when used in conjunction with wind sheltering
(0) Coverings o Tarps, plastic, or other material can be used as temporary
coverings
o When used, these should be anchored to prevent wind from
removing coverings
--------------------------- -------------------- ------ _____------------- -------- ------------------------------------------
(a)
Paved (P) Wheel washers o Should be placed where vehicles exit unpaved areas onto paved
Road areas
Track -out o System can be adjusted to spray entire vehicle, including stored
bulk material in haul vehicles
(Q) Sweep/clean roadways o Either sweeping or water flushing may be used
(R) Cover haul vehicles o Entire surface area should be covered once vehicle is full
ks)
Disturbed (S) Chemical stabilization o Vendors can supply information on methods for application and
Areas/ required concentrations
Inactive
Construction
Sites
(T) Watering o Would require frequent applications unless a crust
can be developed over the site
(i) Wind fencing o Three to five foot barriers adjacent to roadways or urban areas
can be effective in reducing the amount of wind blown
material leaving a site
o Should be used in conjunction with other measures
(V) Vegetation o Establish as quickly as possible when active operations have
establishment ceased
o Use of drought tolerant, native vegetation is encouraged
ATTACHMENT B - SAMPLE PLAN
Small Scale Construction/Demolition Projects (5 acres or Less) ,
Fugitive Dust (PM10) Mitigation Plan
Date: July 26, 1992 Jurisdiction: Riverside county File #: 92
Part 1 - Project Information
Please provide the information below as completely as possible even if it has already been
provided on other forms related to this project. Failure to provide complete information or
provision of inaccurate information may delay the processing of your Fugitive Dust (P.t110)
.Mitigation Plan (Plan). It is recommended that you submit your Plan concurrent with your
grading or demolition permit application.
iProject proponent: Steve Johnson, Pacific Development Co.
Address:1234 First Street, Palm Desert, CA 92261
Day phone number: (619) 12 3 -4 5 6 7 Emergency phone number. (619) 2 3 4- 5 6 7 8 1
Grading contractor (Contact Person): John Miller
Address:345 Second Street, Palm Desert, CA 92261
Day phone number. (619) 345-6789 Emergency phone number. (619) 4 56-7890
Construction site street address: Not yet available
Construction site location: Corner of Second Street and Elm Avenue ( See
i
attached map)
(Please include an &5 z 11 location map)
Construction site assessor's parcel number (Tract #): APN # 117 -54 3 2
Parcel (Tract) size: 4 Acres or 174 , 240 Square feet
Anticipated date of physical project initiation: 9-12-1992
Anticipated date of project completion: 11-18 -19 9 2
Anticipated costs for dust suppression: $10 , 000
(Attachment C - Must also be completed and mailed to the appropriate address when
construction is completed)
1 All projects greater than one half (1/2) acre are also subject to SCAQMD Rules 403 and
403.1.
Part 2 - Fugitive Dust Control Actions
From the inventory of Fugitive dust control measures provided in Attachment A. please
indicate which measures are to be implemented during the project by placing the letter beneath
the fugitive dust sources listed below. Please indicate at which phase the measure will be
implemented. either at Rough Grading (RG), Finish Grading (FG), or Final Construction
(FC). Demolition projects should only indicate measures in the Rough Grading (RG) column.
After indicating what measures are to be implemented, complete the 'Details" section by
describing how and when the measures are to be implemented To assist you, a completed
sample Fugitive Dust (PM10) Mitigation Plan is included as Attachment B.
F_Q E; Details (e Q freauencv of application number and tvoe of dust control implements, etc.
Please be as specific as possible)
(1) Rand Clearing or Earth -moving
A A _ we have rented one water truck which will be used
_ C C After initial grading has been completed security
fencing will be installed around the perimeter of the
site Wind screen material will be installed in
conjunction with the fencing along the northern and
western perimeter of the site in order to limit
material being blown off of the site onto Second
Street and Elm Avenue.
(2) Unpaved Roads
Due to the small size of the site there will be no
significant unpaved roads on the site The watering
of the site will serve to control fugitive dust from
the construction worker parking area and from other
vehicular movement on -site,
Details frequency of application, number and = of dust control implemcnts etc
Please be as specific as possible 1
(3) Storage Piles
L There will be some bulk material stored on site in
conjunction with the final construction of the
project. Stored material will likely consist of
imported top soil or raw material for cement
production. Imported top soil will be stabilized
with water in conjunction with the site's regular
watering program. cement material will be covered on
windy days.
(4) Paved Road Track -out
_Q _Q _Q Again, due to the small size of the site. the limited
number of workers and associated vehicle activity,
and the lack of export material we do not anticipate
a lot of vehicular track out. We will, at the
conclusion of the day, remove any visible material
which is tracked out onto our site access (Elm
Avenue).
(S) Disturbed Surface Areas/Inactive Construction Sites
After}_ have !-.
binder• - •
pounds/acre) and wat2r (5,000 gallons/acre) will be
aRplied to the site in order to stabilize portions
the t t will not
disturbances.
After initial grading has been completed. security
fencing will be installed around the Perimeter
of the site, Wind screen material will be installed
in :tion with the f lonct the northern
and weste . Bter nf the site in order to limit
material beincr blown of the site onto Second Street
• • Elm Avenue,
Part 3 - agreement
I certify that the information contained in this Fugitive Dust (PM10) Mitigation Plan is true
and accurate and that all measures specified in Part 2 will be implemented during project
construction. I authorize the City of to enter the above mentioned property
for inspection and/or abatement purposes, an agree to hold harmless the City and its
representatives from liability for any actions related to this project. I also agree to
complete the record -keeping requirements included herein as Attachment C once the
project has been completed.
Signature of Owner or Authorized Representative ate )
I have read the conditions of the Fugitive Dust (PM14) Mitigation Plan and the owner has
authorized the implementation of all its provisions throughout project buildout.
Signature of Grading (;ontractor or Au
(If not the same as above)
ATTACHMENT C - COST INFORMATION
Small Scale Construction/Demolition Projects (5 acres or Less
Fugitive Dust (PM10) Mitigation Plan
Date: Jurisdiction:
Project File #:
In accordance with Section of the City's Fugt* ive Dust Control Ordinance, the following
form must be completed returned within IS days of issuance of certificates of use and
occupancy permits or at another time as predetermined by the City/County.
Project proponent:
Address:
Day phone number:
Emergency phone number:
In the space provided below please list the costs associated with implementation of all dust
control measures. The information provided below should include all implementation costs
(including labor) for dust control throughout the project. Not all measures listed below will
apply to all projects.
Watering:
Chemical stabilization:
Wind fencing:
Covering haul vehicles:
Wheel washers:
Street sweeping:
Paving:
Wind sheltering:
Coverings:
Vegetation reestablishment:
After project completion these records shall be transmitted to the Jurisdiction where the
grading demolition permit was attained and to the Coachella Valley Association of
Governments (CVAG) at the address provided below.
PM 10 Cost Monitoring
Coachella Valley Association of Governments
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
For City Use Only
Based on all of the provisions contained in this Fugitive Dust (PM10) Mitigation Plan
the Plan is:
Approved
Conditionally approved (Conditions specified below)
Denied (Explanation attached)
Signature of City Representative (Date)
The following conditions of approval have been added to the Plan by staff in order to ensure
an adequate level of fugitive dust controL
(Attach additional intormation it necessary
I have read the above conditions of the Fugitive Dust (PM10) Mitigation Plan and I agree
to implement of all provisions at the concentrations and frequencies identified.
Signature ot Owner or Authorized Representative ate
MEDIUM -LARGE SCALE CONSTRUCTION/
DEMOLITION PROJECTS (GREATER THAN 5 ACRES)
FUGITIVE DUST (PM10) MITIGATION PLAN
Date:
Medium -Large Scale Construction/Demolition Projects
(Greater than 5 acres)I
Fugitive Dust (PM10) Mitigation Plan
Jurisdiction: Project File #:
Part 1 - Project Information
Please provide the information below as completely as possible even if it has already been
provided on other forms related to this project. Failure to provide complete information or
provision of inaccurate information may delay the processing of your Fugitive bust (P:ti110)
Mitigation Plan (Plan). It is recommended that you submit your Plan concurrent with your
grading or demolition permit application.
Project proponent:
Address:
Day phone number: Emergency phone number:
Grading contractor (Contact Person):
Address:
Day phone number. Emergency phone number.
Construction site street address:
Construction site location:
(Please include an &5 x 11 location map)
Construction site assessor's parcel number ('tract #):
Parcel (Tract) size: Acres or Square feet
Anticipated date of physical project initiation:
Anticipated date of project completion:
Anticipated costs for dust suppression: $
(Attachment C -"Must also be completed mate tot a appropriate address when
construction activities have been completed)
1 All projects greater than one half (1/2) acre are also subject to SCAQMD Rules 403 and
403.1.
0QQi.'U"
Earthwork Information (AcreagefSubic Yards):
Project Area: Total Disturbed Surface Area:
Cut: Fill:
Import: Export:
Phasing of Earthwork:
Date Date
Phase I Grading (Acreage): From: To:
Phase II Grading(Acreage): From: To:
Phase III Grading(Acreage): From: To:
Phase IV Grading(Acreage): From: To:
(Attach additional information if necessary)
Part 2 - Fugitive Dust Control Actions
From the inventory of fugitive dust control measures provided in Attachment A, please indicate
which measures are to be implemented during the project by placing the corresponding letter
beneath the following sources. In addition, please indicate at which phase the measure will be
implemented, either at Rough Grading (RG), Finish Grading (FG), or Final Construction
(FC). Demolition projects should only indicate measures in the Rough Grading (RG) column.
After indicating what measures are to be implemented, complete the "Details" section by
describing how and when the measures are to be implementers To assist you, a completed
sample Fugitive Dust (PMIO) Mitigation Plan is included as Attachment B.
Source Details (e.a.. freauency of application, number and type of dust control implements.
No, Rom' � F� etc. Please be as s=itic as possible)
000-61.0
(Use copies of this page if additional space is needed)
Source Details (ex—, frequency of application. number and toe of dust control implements.
No. RQ FQ F-C etc. Please be as sMific as possible)
00OfL v�
Part 3 - Agreement
I certify that the information contained in this Fugitive Dust (PM10) Mitigation Plan is true
and accurate and that all measures specified in Part 2 will be implemented during project
construction. I authorize the City of to enter the above mentioned property
for inspection and/or abatement purposes, an agree to hold harmless the City and its
representatives from liability for any actions related to this project. I also agree to
complete the record -keeping requirements included herein as Attachment C once the
project has been completed.
Signature of Owner or Authorized Representative ate)
I have read the conditions of the Fugitive Dust (PM10) Mitigation Plan and the owner has
authorized the implementation of all its provisions throughout project buildout.
nature of Grading Contractor or Authorized representative
not the same as above)
000"1-v
For City Use Only
Based on all of the provisions contained in this Fugitive Dust (PM10) Mitigation Plan
the Plan is:
Approved
Conditionally approved (Conditions specified below)
Denied (Explanation attached)
Signature of City Representative (Date)
The following conditions of approval have been added to the Plan by staff in order to ensure
an adequate level of fugitive dust control
(Attach additional information if necessary)
I have read the above conditions of the Fugitive Dust (PM10) Mitigation Plan and I agree
to implement of all provisions at the concentrations and frequencies identified.
Signature ot Owner or Authorized Representative ate
006,'jU5
ATTACHMENT A - REASONABLY AVAILABLE CONTROL MEASURES
The left column contains the sources of fugitive dust which are intended for emission control
under the Citys dust control ordinance. The two right columns contain an inventon• and
description of reasonably available fugitive dust control measures for each of the sources.
Please use this information as a guide when preparing a Fugitive Dust (PM10) Nfitigarion Plan.
A sample completed Plan is included in Attachment B.
(Source No) Reasonably Available
Source control Measures Comments
(1)
Land (A) Watering o Application of water by means of truck, hoses and/
Clearing/ or sprinklers prior to any land clearing or earth
Earth- movement will increase the moisture content thereby
moving increasing stability of material
o Once the initial land clearing/earth movement activities arc
complete, a second round of watering can generate a thin
crust which stabilizes the disturbed surface areas provided
that it is not disturbed
o Security fencing can be used to prevent unwanted future
disturbances of sites where a surface crust has been created
(B) Chemical stabilization o Only effective in areas which are not subject to daily disturbances
o Vendors can supply information on product application and
required concentrations
(C) Wind fencing o Three to five foot barriers adjacent to roadways or urban areas
can be effective in reducing the amount of wind blown
material leaving a site
o Should be used in conjunction with other measures
(D) Cover haul vehicles o Entire surface area should be covered once vehicle is full
(E) Wheel washers o Should be placed where vehicles exit unpaved areas onto paved
areas
o System can be adjusted to spray entire vehicle, including stored
bulk material in haul vehicles
(2)
Unpaved (F) Paving o Requires street sweeping/cleaning if subject to material
Roads accumulation
(G) Chemical Stabilization o Vendors can supply information as to application methods and
concentrations
o Not recommended for roads with high volumes or those used for
heavy equipment
(H) Watering o In sufficient quantities to keep surface moist
o Required application frequency will vary according to soil t vpc,
weather conditions, and vehicular use
(Source No) Reasonably Available
Source Control Measures
(2)
Unpaved (1) Reduce speed limits
Roads
(Cont'd) (J) Reduce vehicle trips
Comments
o 15 mile per hour maximum
o Access restriction or redirecting traffic to paved roads in order to
reduce vehicle trips by a minimum of 60 percent
-------------------------------------------------------------------------------------------------------------------------------------------
(3)
Storage (K) Wind sheltering o Choices include silos or enclosures
Piles o Enclosures should consist of three sided barriers equal to height of
material with no more than 50 percent porosity
(L) Wet suppression o Application methods include: spray bars, hoses and water trucks
o Frequency of application will vary on site specific conditions
(M) Chemical suppression o Best for use on storage piles subject to infrequent disturbances
(N) Altering loadin/loadout o Confine loadin/loadout procedures to leeward (downwind) side
procedures of the material
o Most effective when used in conjunction with wind sheltering
(0) Coverings o Tarps, plastic, or other material can be used as temporary
coverings
o When used, these should be anchored to prevent wind from
removing coverings
(4)
Paved (P) Wheel washers o Should be placed where vehicles exit unpaved areas onto paved
Road areas
Track -out o System can be adjusted to spray entire vehicle, including stored
bulk material in haul vehicles
(Q) Sweep/clean roadways o Either sweeping or water flushing may be used
(R) Cover haul vehicles o Entire surface area should be covered once vehicle is full
(5)
Disturbed (S) Chemical stabilization o Vendors can supply information on methods for application and
Areas/ required concentrations
Inactive
Construction
Sites
(T) Watering o Would require frequent applications unless a crust
can be developed over the site
(U) Wind fencing o Three to five foot barriers adjacent to roadways or urban areas
can be effective in reducing the amount of wind blown
material leaving a site
o Should be used in conjunction with other measures
(V) Vegetation o Establish as quickly as possible when active operations have
establishment ceased
o Use of drought tolerant, native vegetation is encouraged
00v J�
ATTACHMENT B - SAMPLE PLAN
Medium -Large Scale Construction/Demolition Projects
(Greater than 5 Acres)'
Fugitive Dust (PM10) Mitigation Plan
Date: 7-19-92 Jurisdiction: Palm Desert Project File #: PD 712
Part 1 - Project Information
Please provide the information below as completely as possible even if it has already been
provided on outer forms related to this project. Failure to provide complete information or
Provision of inaccurate information may delay the processing of your Fugitive Dust (P:1410)
Mitigation Plan (Plan). It is recommended that you submit your Plan concurrent with your
grading or demolition permit application.
Project proponent: Steve Johnson, Pacific Development Co.
Address:1234 First Street, Palm Desert, CA 92261
Day phone number: (619) 12 3 -4 5 6 7 Emergency phone number. (619) 2 3 4- 5 6 7 8
Grading contractor (Contact Person): John Miller
Address:345 Second Street, Palm Desert, CA 92261
Day phone number. (619) 345-6789 Emergency phone number. (619) 456-7890
Construction site street address: Not yet available (See attached map)
Construction site location: South of I-10 in western Riverside County
(See attached map)
(Please include an &5 x 11 location map)
Construction site assessor's parcel number (Tract #): APN # 117 - 5 4 3 2 - 0 01, 002,
003
Parcel (Tract) size: a 0 Acres or Square feet
Anticipated date of physical project initiation: 9-12-1992
Anticipated date of project completion: 5-1-1994
Anticipated costs for dust suppression: $ 250,000
(Attachment C - Must also be completed and mailed to the appropriate address when
construction is completed)
1 All projects greater than one half (1/2) acre are also subject to SCAQMD Rules 403 and
43.1.
0t,°,_ US
Earthwork Information (AcreagelCubic Yards):
Project Area: 80 acres Total Disturbed Surface Area: 65 acres
Cut: 50, 000 Cubic Yards Fill: 70, 000 Cubic Yards
Import: 20, 000 Cubic Yards Export: 0 Cubic Yards
_Phasing of Earthwork:
Date Date
Phase I Grading (Acreage): 65 acres From: 3-92 To: 7-92
Phase II Grading(Acreage): From: To:
Phase III Grading(Acreage): From: To:
Phase IV Grading(Acreage): From: To:
(Attach additional information if necessary)
Part 2 - Fugitive Dust Control Actions
From the inventory of fugitive dust control measures provided in Attachment A, please indicate
which measures are to be implemented during the project by placing the corresponding letter
beneath the following sources. In addition, please indicate at which phase the measure will be
implemented, either at Rough Grading (RG), Finish Grading (FG), or Final Construction
(FC). Demolition projects should only indicate measures in the Rough Grading (RG) column.
After indicating what measures are to be implemented, complete the "Details" section by
describing how and when the measures are to be implemented To assist you, a completed
sample Fugitive Dust (PMIO) Mitigation Plan is included as Attachment B.
Source Details (e.a.. freauencv of application. number and type of dust control implements.
NQ 3 etc. Please be as specific as possible)
1 A _ Description - Water will be applied to all portions
of the site subject to mass grading. Initially, a
sprinkler system will be used to saturate the
portions of the site which will be subject to major
cut and fill activity. During and immediately after
the mass -grading water will be applied by a watering
truck to the site at a frequency sufficient to
prevent visible fugitive dust emissions from leaving
the property line.
Dust Control Implements - Agra -type irrigation
system, Two 2,400 gallon water trucks
_ A light screen material will be installed on the
western and southern site borders in conjunction with
the site's security fencing. The fencing will be
installed prior to the mass grading. The height of
the fence will be approximately 6 feet and the screen
material will be approximately 4 feet wide.
a0U, uU'J
(Use copies of this page if additional space is needed)
Source Details (e.Q freauencv of application number and tune of dust control implements
.(o. etc. Please be as specific as possible)
1 D D D Development of this project will require
approximately 20,000 cubic yards of import
material to be hauled to the site from a designated
fill area approximately 2 miles from the
site. Assuming 14 cubic yards of material can be
hauled in one double loaded haul vehicle,
development of the site will require approximately
1,428 truck trips. Because the travel
route for these trucks will travel through existing
urban areas we have required our sub
contractor for this work to cover the vehicles or,
alternatively, water the exposed areas
once the trucks are filled at the import site.
2 _ The internal roadway system including curbs and
gutters will be installed once all grading
activities have ceased.
2 .CLE SJ,�- _ Description - The main access point to the site, the
employee parking area and the internal roadway system
will be treated at the first of the month with a
magnesium chloride solution at a concentration of 1
part chemical to 5 parts water. Following this
initial application water will be reapplied to
recharge the magnesium chloride in response to
atmospheric conditions (moisture) and activity levels
(vehicular traffic on unpaved roads).
Dust Control Implements - As mentioned we have two
2,400 gallon water trucks which can
be used to apply the chemical dust suppressants and
the water.
2 I I _ All employees and sub contractors on the site will be
informed that a 15 mph speed limit exists on site for
safety considerations as well as fugitive dust
control.
Description - All top soil removed during the initial
clearing of the site will be stock piled on the
northeastern portion of the site for future use in
the final construction phase. A portion of the
sprinkler system used to initially saturate the site
will be reoriented to treat this stock piled
material. The stock piled top soil will be watered.
in response to atmospheric conditions (moisture and
winds).
(Use copies of this page if additional space is needed)
Source Details (e.¢., freauencv of application number and type of dust control implements
RSi Y_Q IC etc. Please be as specific as msihlle
Dust Control Implements - Agra -type irrigation system
4 Q _Q _Q Although there will be a substantial amount of truck
traffic entering and exiting the site, it is
anticipated that there will not be significant
amounts of vehicular track -out onto the adjacent
paved roadways due to proposed on -site dust control
measures. In accordance with SCAQMD Rule 403 we
will, however, ensure that any visible material is
removed from the paved roadway at the conclusion of
the day or when (if) material is tracked a minimum of
50 feet onto the paved roadway.
4 R R R As previously mentioned, we have entered into an
agreement with our earth -movement sub -contractor to
cover or treat all loaded haul vehicles.
_ T After final elevations have been created all
disturbed surface areas will be treated water in
order to develop a thin crust thus stabilizing these
areas. As activity increases in these areas due to
final construction water will again be applied in
sufficient concentrations to eliminate visible
fugitive dust from crossing the property line.
V V Landscaping will be incorporated into build out of
the site at the earliest point feasible in order to
minimize wind erosion of the disturbed surface areas.
00iiUl.i
Part 3 - Agreement
I certifv that the information contained in this Fugitive Dust (PM10) Mitigation Plan is true
and accurate and that all measures specified in Part 3, as modified by Part 4 will be
implemented during project construction. I authorize the City of to enter
the above mentioned property for inspection and/or abatement purposes, and i agree to
hold harmless the City and its representatives from liability for any actions related to this
project. I also agree to complete the record -keeping requirements included herein as
Attachment C once the project has been completed.
Signature ot Owner or Authorized Representative (Date)
I have read the conditions of the Fugitive Dust (PM10) Mitigation Plan and the owner has
authorized the implementation of all its provisions throughout project buildout.
Signature of Urading Contractor or Authorizea xepresen
(If not the same as above)
ate
For City Use Only
Based on all of the provisions contained in this Fugitive Dust (PM10) Mitigation Plan
the Plan is:
Approved
Conditionally approved (Conditions specified below)
Denied (Explanation attached)
Signature of City Representative (Date)
The following conditions of approval have been added to the Plan by staff in order to ensure
an adequate level of fugitive dust controL
(Attach additional ormation necessary
I have read the above conditions of the Fugitive Dust (PM10) Mitigation Flan ana 1 agree
to implement of all provisions at the concentrations and frequencies identified.
Signature of Owner or t onze epresentative ate
000k- 1,-)
Date:
ATTACHMENT C - COST INFORMATION
Medium -Large Scale Construction/Demolition Projects
(Greater than 5 acres),
Fugitive Dust (PM10) Mitigation Plan
Jurisdiction: Project File #:
In accordance with Section of the City s Fugitive Dust Control Ordinance, the following
form must be completed turned within 15 days of issuance of certificates of use and
occupancy permits or at another time predetermined by the City/County.
Project proponent:
Address:
Day phone number: Emergency phone number:
In the space provided below please list the costs associated with implementation of all dust
control measures. The information provided below should include all implementation costs
(including labor) for dust control throughout the project. Not all measures listed below will
apply to all projects.
Wind sheltering:
Coverings:
Vegetation reestablishment:
After project completion these records shall be transmitted to
grading demolition permit was attained and to the Coachella
Governments (CVAG) at the address provided below.
PM 10 Cost Monitoring
Coachella Valley Association of Governments
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
the City where the
Valley Association of
1 All pro�ects greater than one half (1/2) acre are also subject to SCAQMD Rules 403 and
43.1.
GO-6Q L 4