HomeMy WebLinkAboutOrd 1074 - Fugitive Dust Controlnt nalyst
REQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Pass Ordinance No. 1074 , Amending Subsection B. 9 of Section
24.12.040 "Subject Sources and Their Control Requirements" of the
Code of the City of Palm Desert, California, to Second Reading
Ryan Gayler, Management Analyst
August 26, 2004
Ordinance No. 1074
Recommendation:
Waive further reading and pass Ordinance No. 1074 to second reading.
Background:
In November 2003 City Council adopted the dust control ordinance created by the
South Coast Air Quality Management District (SCAQMD). Prior to adoption, several
Cities of the Coachella Valley and CVAG negotiated with SCAQMD and agreed upon
adding a clause that wasn't in the proposed ordinance. The clause requires the
Environmental Observer for projects of fifty or more acres to be within thirty minutes of
the project site at all times. The attached ordinance adds that language to our dust
control code.
Therefore, staff recommend that City Council waive further reading and pass the
subject Ordinance to second reading.
Submitted By.
44,
RGayl
Managem
Approv
mer Croy
ACM for Develo nt Services
Department Head:
Michael Errante, P.E.
Director of Public Works
David J. Erwin
City Attorney
G:1PubWorks\Ryan GaylerlWord Files1Staf Reportsldust control code amendment.doc
ORDINANCE NO. 1074
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO CHAPTER 24 BY AMENDING
SUBSECTION B. 9 OF SECTION 24.12.040 REGARDING
FUGITIVE DUST CONTROL
WHEREAS, the staff of the Public Works Department in the City of Palm Desert
desire to be in compliance with the requirements of the Environmental Protection
Agency (EPA) and South Coast Air Quality Management District (SCAQMD), and
WHEREAS, the amendment attached to this ordinance adds a clause that is
required by the EPA and the SCAQMD.
The City Council of the City of Palm Desert, California, DOES HEREBY
ORDAIN, AS FOLLOWS:
Section 1. The above recitations are true and correct.
Section 2. Subsection B. 9 of Section 24.12.040 "Subject sources and their
control requirements" of the Code of the City of Palm Desert, California, be and the
same is hereby amended to read as follows:
24.12.040 Subject sources and their control requirements.
B. Construction and Demolition Activities
9 Any operator of a project with a disturbed surface area of 50 or more acres shall have an
Environmental Observer on the site or available on -site within thirty minutes of initial contact that:
a. is hired by the property owner or developer; and
b. has dust control as the sole or primary responsibility; and
c. has successfully completed the AQMD Coachella Valley Fugitive Dust Control Class and
has been issued a Certificate of Completion for the class; and
d. is identified in the approved Fugitive Dust Control Plan as having the authority to
immediately employ sufficient dust mitigation 24-hours per day, seven days a week and
to ensure compliance with this ordinance, the approved Fugitive Dust Control Plan, and
AQMD regulations.
Section 3. The City Clerk of the City of Palm Desert, California, shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
once in the Desert Sun, a newspaper of general circulation, circulated within the City of
Palm Desert, and the same shall be in full force and effect thirty (30) days after its
adoption.
G:1PubWorks\Ryan Gayler\Word FileslSta/1 Reportsldust control code amendment.doc
ORDINANCE NO. 1074
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California at its regular meeting held on the day of
2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G:IPubWorks\Ryan Gayler\Word FileslStafReportsldust control code amendment.doc