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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, Fourth 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 local standards.

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)