(Adopted 5/16/00)

A. Purpose
The purpose of this rule is to prevent and control fugitive dust emissions to the atmosphere by using good housekeeping and/or work practices.

B. Applicability
This rule shall apply to any person engaged in activities such as:

  1. Dismantling or demolition of buildings.
  2. Public or private construction, grading and/or clearing of land.
  3. Mining and related activities.
  4. Processing, handling, storing and/or transporting solid bulk materials.
  5. Operation of machines or equipment.
  6. Operation and/or use of paved and unpaved roads or parking facilities.
  7. Solid waste disposal operations.
  8. Agricultural operations.
  9. Other activities not specifically listed in this rule but are determined by the APCO to be subject to this rule due to the generation of fugitive dust.

C. Definitions

  1. Fugitive dust is defined in Rule 102 as solid particulate matter that becomes air-borne, other than that emitted from an exhaust stack, as a direct result of operation of a facility. Fugitive dust for the purposes of this rule is also defined as the particulate matter entrained into the 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.
  2. Person is defined in Rule 102 as any person, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, operator, user or owner, any government agency or public district, or employee thereof.
  3. Solid bulk material for the purposes of this rule is defined as any material which emits dust when stored or handled and is generally unpackaged. Examples include but are not limited to sand, gravel, rock, clay, dirt, wood fiber, wood waste, and ash.

D. General Requirements
No person may cause, allow or permit fugitive dust emissions without first implementing good housekeeping and/or work practices that reduce and control the emissions to the atmosphere below 20% opacity or equivalent Ringlemann, as stated in Rule 202, Visible Emissions. Good housekeeping and/or work practices include but are not limited to the following:

  1. Application of water and/or approved chemicals to control emissions in the demolition of existing buildings or structures, construction operations, solid waste disposal operations, the grading of roads and/or the clearing of land.
  2. Application of asphalt, water and/or approved chemicals to road surfaces.
  3. Application of water and/or suitable chemicals to material stockpiles and other surfaces that may generate fugitive dust emissions.
  4. Paving and/or re-paving roads.
  5. Maintenance of roadways in a clean condition by washing with water or sweeping promptly.
  6. Covering or wetting material stockpiles and open-bodied trucks, trailers, or other vehicles transporting materials that may generate fugitive dust emissions when in motion.
  7. Installation and use of paved entry aprons or other effective cleaning techniques to remove dirt accumulating on a vehicle's wheels on haul or access roads to prevent tracking onto paved roadways.
  8. For process equipment, the installation and use of hoods, fans, and filters to enclose, collect, and clean the emissions prior to venting.
  9. Ceasing operations until fugitive emissions can be reduced and controlled.
  10. Using vegetation and other barriers to contain and to reduce fugitive emissions.
  11. Using vegetation for windbreaks.
  12. Instituting good housekeeping practices by regularly removing piles of material that have accumulated in work areas and/or are generated from equipment overflow.
  13. Maintaining reasonable vehicle speeds while driving on unpaved roads in order to minimize fugitive dust emissions.
  14. Other precautions not specifically listed in this rule but have been approved in writing by the APCO prior to implementation.

E. Administrative Requirements
Non-compliance with this rule shall be determined by any one or more of the following procedures:

  1. A visible emission evaluation conducted and documented by District staff that exceeds 20% opacity or equivalent Ringlemann as stated in Rule 202, Visible Emissions.
  2. An inspection by District staff that confirms a nuisance as determined by Rule 205, Nuisance.
  3. Other procedures deemed appropriate by the APCO.

If the APCO determines that a person is not in compliance with this rule, the APCO will notify the person and provide the person a timeframe in which the person must achieve compliance. Failure to comply within the timeframe specified by the APCO will lead to the issuance of a notice of violation and assessment of penalties in accordance with the District's Mutual Settlement Policy or Division 26 of the Health and Safety Code.