Sterling Codifiers, Inc.

The terms used in this chapter shall be defined as follows. All words used in the singular shall include the plural and all words used in the plural shall include the singular. Each gender shall include the others; any tense shall include the other tenses. The word "shall" is mandatory and the words "may" and "should" are permissive.

AGGREGATE MATERIAL: Rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, milled or used asphalt, used concrete materials, and other similar materials.

BEST PRACTICAL METHODS: Fugitive dust control measures, including, but not limited to, the use of: a phased clearing of the land; a dust palliative; water; "snow fencing" (a fencing material that inhibits the wind); windbreaks; revegetation (excluding noxious weeds); ground cover (e.g., gravel, decorative stone); physical barriers and signs to prohibit access to the disturbed areas by motorized vehicles; controls on single lot development approved as a part of a land division subject to these regulations; or a cessation of operations when wind conditions exceed the operator's ability to control fugitive dust.

CERTIFIED OBSERVER: An individual currently certified in accordance with U.S. EPA, 40 CFR, part 60, appendix A, method 9, to conduct visible emission evaluations.

COMPLIANCE ADVISORY NOTICE: A notice issued as a means to provide timely warning to owners/operators concerning violations found on their property.

CONSTRUCTION ACTIVITY: Any component of the following, including, but not limited to: construction of commercial and residential structures; institutional structures; schools; libraries; churches; hospitals; parks; improvements to lots; parking lots; underground utilities; flood control construction; highway construction; land clearing, maintenance and land cleanup; soil and rock excavation or removal; soil or rock hauling, crushing or screening; filling, compacting, stockpiling and grading; explosive blasting; demolition; implosion; handling of building materials capable of entrainment in air (e.g., sand, cement powder); dismantling or demolition of buildings; mechanized trenching; landscaping; or establishing and/or using staging areas, parking areas, material storage areas, or access routes to or from a construction site.

CONTROL MEASURE: A technique, practice, or procedure used to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust.

DISTURBED AREA: A portion of the earth's surface (or material placed thereon) that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition, thereby increasing the potential for the emission of fugitive dust.

DUST CONTROL PLAN: A plan to formalize the best practical methods (all the selected control measures) for a project specific fugitive dust control program.

DUST PALLIATIVE: Hygroscopic material, nontoxic chemical stabilizer or other material which is not prohibited for ground surface application by the federal environmental protection agency or the Utah department of environmental quality or any applicable law or regulation, used as a treatment material to bind soil together and retain moisture, thus reducing fugitive dust emissions. Water, solutions of water, chemical surfactants, and foam are not dust palliatives for the purpose of these regulations.

DUST SUPPRESSANT: Water; hygroscopic material; solution of water and chemical surfactants; foam; nontoxic chemical stabilizer; or any other "dust palliative", as defined in this section.

EXCAVATION: The removal of rock, sand, gravel, clay and any other soil by digging, leveling, scraping, blasting, screening, processing, and operating, maintaining and repairing equipment, marketing, advertising and selling aggregate products and services to the general public, or any other process, together with all other types of mining operations where material is removed from the earth.

FUGITIVE DUST: Emissions of solid, airborne particulate matter that could not reasonably pass through a stack, chimney, vent, or a functionally equivalent opening. Fugitive dust is entrained in the air and is caused from human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind.

HIGH WIND EVENT: A time period of five (5) consecutive minutes with an average wind speed of thirty (30) miles per hour (high wind event threshold level) or higher as measured by: a certified meteorological monitoring station; or an on site data logging or strip chart wind monitor calibrated and operated in accordance with the manufacturer's specifications.

OPACITY: A measure of air visibility, or the degree to which an effluent plume or any emission of air contaminants reduces the transmission of light and obscures the view of an object in the background. "Percent opacity" refers to the degree in which the visible emission obscures the transmission of light from the view of background objects.

PARTICULATE MATTER: Any material except uncombined water that exists in a finely divided form as a liquid or solid at reference conditions.

PUBLIC ROAD: Any road, street, alley, land, court, place, viaduct, tunnel, culvert, or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in an action for the partition of real property, and includes the entire areas within the right of way.

UDAQ: The Utah division of air quality and the representatives thereof.

VEHICLE: A truck, trailer or combination that accesses public roads in transporting materials and/or cargo, or transporting an empty cargo container. (Ord. 2007-12-005, 12-6-2007)

A. Violations: Violations, punishable by civil or criminal penalties, include, but are not limited to:

1. Any violation of a provision of this chapter;

2. Any violation of any provision, term, or condition of a dust control plan;

3. Failure to pay any fee; or

4. Falsification of any material statement, representation or certification in any application, notice or report.

B. Response To Violations: In response to a violation the city may take one or more of the following actions:

1. Issue a compliance advisory notice;

2. Issue a notice of violation;

3. Issue a stop work order; or

4. Issue an administrative citation.

C. Failure To Correct: Failure to correct any condition indicated in a notice of violation within the time frame stated is a class B misdemeanor. In response to this violation the city may initiate one or more of the following actions:

1. Criminal proceedings;

2. Civil proceedings to obtain an injunction, or any other relief against the owner or operator to stop operations at the site;

3. Refusal to issue future permits and/or release of securities bond until the owner or operator has adequately demonstrated compliance with the notice of violation;

4. Correction of condition by city through agents of the city entering and stabilizing the site of source emissions, and use ofany securities bond held under this chapter.

D. Compliance Advisory Notice: A compliance advisory notice may be served as a warning to encourage prompt, voluntary compliance without the need for further administrative action. The notice shall include the information required by subsections 1-12B-1-2A1 through A5 of this code, including the requirements of this chapter and the action needed to bring the property into compliance.

E. Notice Of Violation: If a violation has occurred or continues to exist following the issuance of a compliance advisory notice, the city may issue a notice of violation, which shall follow the requirements of section 1-12B-1-2 of this code.

F. Stop Work Order: The city may issue a stop work order alone or in connection with a compliance advisory notice, notice of violation, or an administrative citation. A stop work order requires the immediate cessation of all activities specified in the stop work order. Continuance with work after a stop work order is in place shall constitute a second violation punishable by fine as set forth in subsection H of this section.

1. The stop work order shall be removed when the property comes into compliance with the provisions of this chapter.

2. The owner or permit holder shall submit a signed and dated statement detailing how the work site has been brought into compliance with city approval.

G. Civil Penalties: Civil penalties shall be assessed immediately for each violation listed on the administrative citation. The penalties shall be those established in the city fee schedule. Fines shall be owed to the city for each and every subsequent day of violation. Payment of the penalty shall not excuse the failure to correct the violations, nor shall it bar further enforcement action by the city.

H. Criminal Penalties: Criminal penalties shall be as follows:

1. Violators shall be guilty of an infraction punishable by a minimum fine of five hundred dollars ($500.00) for a first violation and a minimum fine of seven hundred fifty dollars ($750.00) for a second violation which occurs within one year of the first.

2. A third violation, or more, within one year shall be punishable by a minimum fine of one thousand dollars ($1,000.00) or by imprisonment in the county jail for no more than six (6) months or both.

3. Each and every day shall be a separate offense. (Ord. 2007-12-005, 12-6-2007)

A. All performance standards and test methods referenced in this chapter shall adhere to the federal EPA method 9 visible emissions standards and to rule R307-205 emission standards of the UDAQ with respect to fugitive emissions and fugitive dust.

B. Fugitive emissions from sources shall not exceed twenty percent (20%) opacity (with the exception of blasting operations). No person shall allow fugitive dust emissions to exceed this standard.

C. No person shall initiate an activity that results in disturbed areas unless best practical methods are taken to prevent generation of fugitive dust during both the active development phases and thereafter, if the property is to remain unoccupied, unused, vacant, or undeveloped.

D. Any person engaged in the following activities shall employ best practical methods to prevent the generation of fugitive dust due to such activities at all times:

1. Any project involving one-fourth (¹/₄) acre or more of disturbed area including: any project involving the import or export of more than one hundred (100) cubic yards of materials; activities involving the handling, transportation or storage of any material; dismantling or demolition of buildings; grubbing; grading; clearing of land; public or private construction; the operation of machines and equipment; the grading of roads; trenching operations; the operation and use of unpaved parking facilities; the organization and supervision of public outdoor events; the operation of livestock or horse arenas or corrals; the operation of raceways and rodeo grounds for animals or motor vehicles.

2. The use of water to control dust and dirt track out on paved roadways will not be permitted.

E. Construction activities occurring within one thousand feet (1,000') of sensitive areas shall receive a higher level of preventive planning. Sensitive receptors include schools, housing, hospital and care facilities and business areas.

1. Implementation standards for sensitive areas shall include, but not be limited to, hours of operation, speed restrictions, increased road maintenance, construction activity restrictions, road surfacing, wind breaks and barriers and vehicle access controls.

F. Hours of construction activities shall be limited to between sunrise and sunset Monday through Friday and between eight o'clock (8:00) A.M. to four o'clock (4:00) P.M. on Saturdays. Work shall not proceed beyond these hours or on Sunday, New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, or Christmas Day without prior approval from the city.

G. The application of a dust palliative under this chapter shall be done in conformance with all federal, state and localstandards.

H. The provisions of this chapter shall not apply to:

1. Agricultural operations, including on field sources and unpaved roads used solely for agricultural operations.

2. Any dust generating activity where necessary fugitive dust preventative or mitigative actions are in conflict with either federal or state endangered species act provisions as determined in writing by the appropriate federal or state agency.

3. Emergency activities conducted by any fire departments, utility, or government agency that is necessary to protect the health, safety and welfare of the public. (Ord. 2007-12-005, 12-6-2007)

A. Scope:

1. The following requirements shall apply to:

a. Any construction activity involving in aggregate one or more acres of disturbed area;

b. Any commercial project;

c. Any industrial project;

d. Any demolition project; and

e. All mining, blasting and aggregate materials operations.

2. This section shall not apply to:

a. Construction or demolition activities occurring entirely within an enclosed structure from which no visible airborne particulate matter escapes;

b. Landscaping by an individual at his place of residence;

c. Emergency maintenance activities conducted by government agencies on publicly maintained roads, road shoulder, right of way and public flood control facilities; and

d. Dust palliative application projects conducted solely for the purpose of compliance with section 4-9-11 of this chapter, wherein no grade elevation is changed, no cut and fill operations occur, and no soil or rock is imported or exported, except for the importing of gravel or rock for use as a dust palliative.

B. Basic Requirements: Both the owner and the operator areresponsible to ensure that the following are complied with:

1. File a complete dust control plan with the city of St. George development services department before initiating activities on any site;

a. The plan shall specify and describe the best practical methods to be used to control the generation of fugitive dust;

2. Obtain a dust control permit, issued by the city of St. George which shall be valid for one year unless revoked earlier;

3. Implement the best practical methods as outlined in the dust control plan;

4. Install a sign that conforms to the signage requirement of this chapter;

5. Compile and retain a written record of self-inspection made each day when soil disturbing work is conducted as required by this chapter; and

6. Implement long term stabilization within ten (10) days of the cessation of active operations, if construction is complete, or a site or part thereof becomes inactive for a period of thirty (30) days or longer. An operator or owner shall implement at least one of the following long term stabilization techniques for any disturbed surface area where activities are not scheduled to occur for at least thirty (30) days:

a. Revegetation that results in seventy five percent (75%) ground coverage to be maintained until the city determines vegetation is established; or

b. Use of watering or chemical stabilizers to establish a stabilized surface with physical access restriction surrounding the areas;

7. A person who has successfully completed a city of St. George environmental management dust control class must be on site at all times when construction activity is in progress.

C. Certification: The following individuals shall be required to have successfully completed a city of St. George environmental management dust control class:

1. Any individual responsible for preparing a dust control plan;

2. The construction site superintendent(s), foreman and other designated on site representatives;

3. All individuals required to attend and successfully complete the environmental management dust control class shall do so at least once every three (3) years.

D. Mining, Blasting And Aggregate Materials Operations:

1. Hours for detonation of explosives shall be limited to between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. Monday through Friday and shall not proceed beyond these hours or on Saturday, Sunday, New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, or Christmas Day without prior approval from the city.

2. Blasting shall be limited and conducted only during favorable weather conditions. No blasting shall be allowed when the national weather service forecasts sustained winds above thirty (30) miles per hour (mph).

E. Vehicles Exiting Site:

1. Control Measures: Any operator of a project with a disturbed surface area of one or more acres or of any project that involves the import or export of at least one hundred (100) cubic yards of bulk material per day shall install and maintain at least one of the following control measures at the intersection of each site entrance and any paved road open to through traffic with all vehicles exiting the site routed over the selected device(s):

a. Pad consisting of minimum three inch (3") rock maintained in a clean condition to a depth of at least eight inches (8") and extending at least thirty feet (30') wide and at least fifty feet (50') long;

b. Paved surface extending at least one hundred feet (100') and at least twenty feet (20') wide;

c. Wheel shaker/wheel spreading device consisting of raised dividers (rails, pipes, or grates) at least three inches (3") tall and at least six inches (6") apart and twenty feet (20') wide; or

d. A wheel washing system.

2. Track Out Material: Any material outside a truck or other equipment exiting a construction activity site shall be cleaned from the truck or equipment. Any material which is tracked onto a paved roadway shall be removed as quickly as is safely possible and if such track out materials extend from any project at any access point, the materials shall be removed promptly.

3. Removal Of Accumulated Materials: Dirt and dust materials that have accumulated in curb and gutter areas as well as sidewalk locations as a result of track out or development activities shall be removed promptly.

4. Excavation Permit Conditions: In order to mitigate the impact of construction activities and related activities on public roads and highways, the conditions of an excavation permit may include a requirement to install road base, chip seal or asphalt to access roads for a prescribed distance before entering a public road. All access roads shall be kept clean to prevent dirt and debris track out onto public roads. (Ord. 2007-12-005, 12-6-2007)

A. Commercial vehicles transporting aggregate or demolition material upon a public roadway shall have a covering over the entire load to prevent materials from blowing, spilling, or otherwise escaping from the vehicle.

1. The following materials are exempt from this provision:

a. Hot mix asphalt; and

b. Boulder type materials or scrap metal if the materials or metal is a size and in a form not susceptible to blowing dust or being blown out of the vehicle. (Ord. 2007-12-005, 12-6-2007)

A. The owner of any property with a disturbed area of more than one-fourth (¹/₄) acre shall control the release of fugitive dust from the parcel or contiguous parcels by implementing one or more of the following best practical methods:

1. Physical barriers and signs to prohibit access to the disturbed areas by motorized vehicles;

2. The use of ground covers (e.g., gravel, decorative stone);

3. The use of dust palliative;

4. The use of "snow fencing" (a fencing material that inhibits the wind);

5. The use of windbreaks; or

6. The application of water in an amount and frequency adequate for the soil to develop a crust.

7. In the event that the disturbed areas are primarily the result of recurrent unauthorized use of the property by motorized vehicles, the application of water is not a suitable control measure without the erection and maintenance of physical barriers. (Ord. 2007-12-005, 12-6-2007)

All construction activities that are capable of producing fugitive dust must cease during high wind events. Equipment used for dust suppression shall be permitted to continue operations. (Ord. 2007-12-005, 12-6-2007)

A. Method: Opacity shall be determined by a visual observation made by a currently certified evaluator in accordance with U.S. EPA, 40 CFR, part 60, appendix A, method 9, using the procedures set forth in subsections A1 and A2 of this section. A copy of the observer's certification shall accompany the vision emission evaluation (VEE).

1. Time Averaged Opacity Method: This procedure is used for continuous fugitive dust emission sources, such as earthmoving, grading, and trenching, that produce emissions continuously. The certified observer should do the following:

a. Position: Stand at a position at least twenty feet (20') from the fugitive dust source in order to provide a clear view of the emissions with the sun oriented in the one hundred forty degree (140°) sector to the back. Consistent as much as possible with maintaining the above requirements, make opacity observations from a position such that the line of sight is approximately perpendicular to the plume and wind direction. The observer may follow the fugitive dust plume generated by mobile earthmoving equipment, as long as the sun remains oriented in the one hundred forty degree (140°) sector to the back. As much as possible, do not include more than one plume in the line of sight at one time.

b. Field Records: Record the name of the site, fugitive dust source type (e.g., earthmoving, grading, trenching), method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the fugitive dust source and respective sun location. Also, record the time, estimated distance to the fugitive dust source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), and observer's position relative to the fugitive dust source, and color of the plume and type of background on the visible emission observation when opacity readings are initiated and completed.

c. Observations: Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. Make opacity observations at a point just beyond where material is no longer being deposited out of the plume (normally 3 feet above the surface from which the plume is generated). The initial observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume, but instead observe the plume momentarily at fifteen (15) second intervals. For fugitive dust from earthmoving equipment, make opacity observations at a point just beyond where material is not being deposited out of a plume (normally 3 feet above the mechanical equipment generating the plume).

d. Recording Observations: Record the opacity observations to the nearest five percent (5%) every fifteen (15) seconds on a VEE record sheet. Each momentary observation recorded represents the average opacity of emission for a fifteen (15) second period. If a multiple plume exists at the time of an observation, do not record an opacity reading. Mark an "x" for that reading. If theequipment generating the plume travels outside of the field of observation, resulting in the inability to maintain the orientation of the sun within the one hundred forty degree (140°) sector or if the equipment ceases operating, mark an "x" for the fifteen (15) second interval reading. Readings identified as "x" shall be considered interrupted readings.

e. Data Reduction For Time Averaged Method: Opacity observations of emissions from stationary sources shall be conducted in accordance with EPA method 9.

2. Intermittent Emissions Method: This procedure is for evaluating intermittent fugitive dust emissions. Intermittent fugitive dust sources include activities that produce emissions intermittently such as screening, dumping, and stockpiling, where predominant emissions are produced intermittently.

a. Position: See subsection A1a of this section.

b. Field Records: See subsection A1b of this section.

c. Opacity Observations: Opacity observations shall use procedures similar to method 9, but the requirement for observation to be made at fifteen (15) second intervals over a six (6) minute period shall not apply. (Ord. 2007-12-005, 12-6-2007)

A. Any activity that requires a dust control permit shall install and maintain a project information sign in accordance with the following requirements:

1. The sign shall be installed prior to beginning actual construction activities and initiating any type of earthmoving operations.

2. The sign shall be installed at a prominent location on the property near the main entrance of the construction site. Traffic visibility shall be maintained by placing the sign back from the main ingress/egress location and at any applicable intersection for proper sight triangle clearances.

3. The sign may be removed once final stabilization has been achieved on all portions of the site for which the person is responsible and is approved by the city.

B. The following information shall be displayed on the project information sign with the designated alpha and numeric dimensions (signboards written in longhand are unacceptable):

Sign Size	48"H X 48"W
DEVELOPERS NAME	4" Upper Case Bold Letters
PROJECT NAME PERMIT NUMBER	4" Upper Case Bold Letters 4" Bold Numbers
FOR DUST CONCERNS CONTACT	6" Upper Case Bold Letters
Office Phone Contact ###-###-#### Cell Phone Contact ###-###-####	4" Bold Numbers 4" Bold Numbers
IF NO RESPONSE CONTACT CITY OFFICE AT 435-627-4000	3" Upper Case Bold Letters 3" Upper Case Bold Numbers

1. The project information text height shall be a minimum as shown on the template above, and must contrast with lettering, typically black text with white background.

2. The lower edge of the signboard must be a minimum of three feet (3') and a maximum of five feet (5') above grade. (Ord. 2007-12-005, 12-6-2007)

A. Prior to construction, any operator of a project with one acre or more of construction activities shall notify the city through the inspections department at least twenty four (24) hours prior to initiating activities.

B. Owners and operators of construction activities shall complete a daily inspection log in the format provided by the city. Records of self-inspection shall be compiled and retained for a minimum of one year or for six (6) months beyond the project duration, whichever is longer.

C. Any operator subject to the provisions of section 4-9-8 of this chapter shall notify the city within ten (10) days of completion of long term stabilization activities.

D. All required information shall be provided to the city and UDAQ representatives upon request. (Ord. 2007-12-005, 12-6-2007)

A. Fees shall be charged all applicants for dust control permits, plan review and costs incurred in the administration of this program, such as investigation of violations, preparation for hearings, hearings, and the collection process. The fee assessed shall be the amount set in the city fee schedule.

B. If construction activity begins prior to obtaining a dust control permit, the owner or operator shall pay a late fee of twice the normal fee.

C. If during any one hundred eighty (180) day period an owner and/or operator has three (3) violations that have beenadjudicated either civilly or criminally for the same owner and/or operator, the city may require the posting of a surety bond, an irrevocable letter of credit, a cash certificate or deposit, or an equivalent form approved by the city in an amount necessary to ensure implementation of the mitigation measures set forth in the approved dust control permit for the subject site(s). If an owner and/or operator has two (2) or more violations that have been adjudicated either civilly or criminally for: failure to obtain a dust control permit; failure to implement best management practices; or failure to comply with a corrective action order, the city may, as a condition of obtaining or maintaining a dust control permit, issue a corrective action order requiring the owner and/or operator to post a surety bond, an irrevocable letter of credit, a cash certificate or deposit, or an equivalent form approved by the city in an amount necessary to ensure the implementation of the mitigation measures set forth in said dust control permits. (Ord. 2007-12-005, 12-6-2007)