HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2016 - ITEMS RELATING TO DUST PREVENTION AND CONTROLAgenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY April 5, 2016
City Council
STAFF
Lindsay Ex, Environmental Program Manager
Lucinda Smith, Environmental Sustainability Director
Jackie Kozak-Thiel, Chief Sustainabillity Officer
SUBJECT
Items Relating to Dust Prevention and Control.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins
Related to Particulate Matter Emissions.
B. First Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition of
Provisions Pertaining to Dust Prevention and Control.
The purpose of this item is to implement regulations and a set of consistent best practices (Dust Control
Manual) for twelve specific activities that generate dust in order to reduce health impacts and nuisances
associated with dust generating activities. Per Council direction during the February 9 Work Session, staff has
developed an exception for small residential projects (less than 10,000 square feet), whereby these projects do
not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two
written warnings have been issued within a one year period.
In addition to the regulations and set of best practices outlined in the Dust Control Manual, staff has developed
and is implementing a tracking system for fugitive dust complaints. In addition, per Council direction, the City
has enacted an Administrative Policy applying the Dust Control Manual to all City projects, so that the City is
leading by example.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
“Fugitive dust” consists primarily of soil particles in the air caused by wind and human activities such as
excavating, demolition, abrasive blasting, and other activities. Dust causes health impacts; safety, visibility,
and aesthetic issues; and is a nuisance that can cause expensive damage to property and machinery. While
there are existing state and county regulations that address dust, these regulations are not sufficient at
controlling dust emissions in many cases because:
Some sources of dust emissions, e.g., street sweeping, saw cutting, development projects less than 5
acres in size, etc. that affect Fort Collins citizens are not covered by state or county regulations.
State and county compliance and enforcement resources are limited.
City code compliance officers cannot enforce state and county dust control requirements.
Agenda Item 20
Item # 20 Page 2
On February 9, 2016, City Council reviewed the potential approaches to preventing, minimizing, and controlling
dust within Fort Collins. Council directed staff to address dust control in four main ways:
1. First, lead by example as a municipal organization in adopting the Manual (attached as Exhibit A to
Ordinance No. 044, 2016) into the City’s Administrative Policy.
2. Second, to collect additional data on the implications (from a cost perspective) to applying the
proposed dust prevention and control regulations on residential properties. Council noted the
significant community discussion around housing affordability as a key concern.
3. Third, Council asked staff to begin tracking dust complaints immediately, so that they can better
assess the extent of the problem and tailor potential solutions in the future.
4. Finally, Council directed staff to develop a hybrid approach to regulating fugitive dust by requiring all
sites to prevent, minimize and control dust; but to only apply the Manual on sites over a certain size.
Council directed staff to ascertain what the right threshold (size) is to apply the Manual based on a
data-driven approach and through additional stakeholder outreach. As discussed with Council, once
adopted, staff is proposing that enforcement of these regulations be delayed until November 1, 2016 in
order to allow for training and outreach to occur prior to enforcement.
1. Lead by Example
While City operations and capital projects have consistently addressed dust on individual project sites, based
on feedback from City Council, the City Manager adopted the Manual into the City’s Administrative Policy on
March 22, 2016. Staff met with fifteen City Departments and developed the following approach to leading by
example:
City operations - will use the Manual to implement dust prevention and control immediately upon adoption
into City Administrative Policy
City Contracts -
o New bids and Requests for Proposals (RFPs) - The Manual will be incorporated into the specifications
or supplemental terms on all new bids as of March 2016.
o In-process bids and RFPs - An addendum will be initiated if timing allows, or it will be incorporated in
conjunction with contract negotiations.
o Existing contracts - City staff will begin working on a process to amend existing contracts, either at the
time of renewal or via change order or amendment, to ensure that all existing contracts are in
compliance with the Manual by November 1, 2016 (proposed date for when the private sector shall
comply with the proposed regulations).
2. Collect additional data on the cost implications of implementing the regulations, especially from a
housing affordability perspective
As discussed during the February 9 Work Session, staff worked with consulting firm, AECOM, and members of
the Fugitive Dust Working Group to determine the impact, from a cost perspective, of implementing the
proposed regulations around dust prevention and control. Since the work session, the cost data have been
broken out according to the required versus additional best management practices and an additional data point
has been developed for the costs for single family homes, see the table below.
Agenda Item 20
Item # 20 Page 3
Project
Dust Mitigation Cost
Total
Project
Cost
Dust Cost
as % of
Overall
Cost Notes
Required
BMPs
Additional
BMPs
Total
Costs
1. Infill Single
Family Home –
estimate 1*
$700 $0 $700 $353,620 0.2%
(0.2%
required)
Estimated
costs, minimal
dust control
2. Infill Single
Family Home –
estimate 2*
$6,090 $6,080 $7,355 $360,275 3.4%
(1.7%
required)
Estimated
costs,
maximum dust
control
3. Greenfield
Single Family
Home – estimate 1
$700 $0 $700 $587,530 0.1%
(0.1%
required)
Estimated
costs, minimal
dust control
4. Greenfield
Single Family
Home – estimate 2
$6,090 $8,580 $14,670 $600,000 2.4%
(1.0%
required)
Estimated
costs,
maximum dust
control
5. Horsetooth and
Timberline
Intersection
$32,420 $3,320 $35,740 $3,304,501 1.1%
(1.0%
Agenda Item 20
Item # 20 Page 4
Requiring all projects to cover loads and use the required saw cutting and grinding best management
practices (BMPs): Staff recommends requiring all projects to adhere to these standards because these
dust generating activities can have significant impacts on neighbors and have minimal costs to control
via the dust mitigation techniques outlined in the Manual.
o For example, not covering loads is one of the most frequent complaints staff receives related
to fugitive dust, and both of the required BMPs result in negligible to no additional costs to the
operator.
o Saw cutting and grinding was one of the activities that, when BMPs were applied, dust
generated was reduced between 95-99% in the controlled observations. In addition, utilizing
water when cutting or grinding is a technique that extends the life of the saw and is recognized
as a best practice in the industry.
Exempting residential projects under 10,000 square feet from applying the BMPs outlined in the
Manual upfront:
o During the Council work session, Councilmembers reiterated the communitywide concerns
related to housing affordability. Staff was directed to develop a data-driven approach to finding
the right threshold for which the Manual would only apply if problems occurred.
o Staff reviewed building permits from 2015 and found that 80% of single family detached
permits were for lots under 10,000 square feet. (For reference, one acre equals 43,560 square
feet.) In addition, this threshold is comparable to when erosion control planning requirements
are applied to sites (though that threshold is based on disturbed area instead of lot size).
o Based on these data, staff shared these proposed thresholds with the Fugitive Dust Working
Group, the Planning and Zoning Board, the Air Quality Advisory Board, and City staff. All
groups felt that exempting residential projects under 10,000 square feet addressed the
concerns related to housing affordability and encompassed the majority of residential housing
projects that do not tend to generate significant amounts of dust.
o The one exception to this threshold is when builders are constructing contiguous lots that
exceed the 10,000 square foot threshold. Staff proposes that if a builder is constructing
multiple lots that are contiguous to each other, and the total area of these contiguous lots
exceeds 10,000 square feet, then the Manual should apply.
Delayed enforcement: As discussed at the Council Work Session, staff is still proposing that
enforcement be delayed until November 1, 2016. If adopted by City Council, staff would propose the
following timeline for training, outreach, and enforcement:
o May-June Develop training and enforcement materials
o June-August Conduct training sessions with City staff and the private sector
o June-October Conduct outreach on the regulations and the Manual
o November Official enforcement begins
CITY FINANCIAL IMPACTS
Enforcement of the proposed dust control ordinance is expected to be handled by existing City staff in multiple
departments. As the activities that generate dust span all types of City inspections, e.g., rights-of-way,
developments, building construction, etc., all City inspectors will be trained to assist with enforcement in the
field. This includes Code Compliance, Erosion Control, R-of-Way (ROW) staff, and Building Inspectors, at a
minimum. This decentralized approach for enforcement is intended to minimize the added workload for each
group and leverage the fact staff are already out in the field. Enforcement will add to the workload of these staff
and potentially for others involved in the enforcement process such as the City Attorney’s Office, but the need
for new resources for enforcement is not anticipated at this time.
There is expected to be very limited additional cost to the City organization to comply with the Dust Control
Manual. Generally, City departments are already implementing the BMP’s contained in the Dust Control
Manual. A few departments have indicated that there would be budgetary impacts if they had to implement an
Agenda Item 20
Item # 20 Page 5
additional BMP (only one of which is required if dust is being transported off-site). Funding for dust
suppression equipment in these limited cases is being sought through alternative avenues such as the City’s
Innovation Fund. In addition, there could be indirect costs associated with the extra staff time spent
implementing some of the BMP’s.
BOARD / COMMISSION RECOMMENDATION
City staff has met with six City boards throughout the development of the dust control and prevention
materials:
Air Quality Advisory Board (Attachment 5) – the Air Quality Advisory Board unanimously passed the
following motion at its March 21, 2016 meeting:
o The Air Quality Advisory Board continues to recommend adoption of the Dust Prevention and
Control Manual for all projects within the community.
o However, if Council chooses to adopt a hybrid approach as proposed by City staff, then the
Board recommends prompt adoption of such approach and encourages staff to initiate soft
enforcement as quickly as possible to ensure that contractors and the general public are made
aware of these standards during the 2016 construction season.
Building Review Board – staff visited with the Building Review Board on two occasions in 2014 and in
2015 to review the proposal. A third visit with the BRB is scheduled for May 2016.
Land Conservation and Stewardship Board (Attachment 6) – the Land Conservation and Stewardship
Board recommended adoption during its February 11, 2015 Board Meeting.
Natural Resources Advisory Board (Attachment 7) – the NRAB reviewed the proposed regulations
twice and submitted a memo to city Council in December 2015 expressing their support.
Parks and Recreation Board (Attachment 8) – the Board unanimously supported the proposed
regulations and Manual.
Planning and Zoning Board (P&Z) (Attachment 9) – staff met with P&Z during their March 4 Work
Session. Planning and Zoning indicated support of the hybrid approach proposed by City staff. As
refinements were still being made to the Ordinances, a formal recommendation is scheduled for the
April 7 P&Z meeting. Staff will provide the formal recommendation from P&Z prior to Second Reading
of the Ordinance on April 19, 2016.
PUBLIC OUTREACH
Staff has conducted extensive public engagement on this issue since its inception in 2014. Since the work
session, staff has conducted the following:
Fugitive Dust Working Group - staff met with the Fugitive Dust Working Group (FDWG) to review the
options for addressing Council’s direction to balance dust prevention and control with concerns around
housing affordability. All FDWG members were instrumental in developing the proposal outlined and
expressed support for the thresholds.
Departmental Outreach - City staff from numerous City departments including Operation Services,
Streets, Parks, Natural Areas, Forestry, Stormwater, Engineering, Water Reclamation, Traffic
Operations, Transfort, Environmental and Regulatory Affairs, Recreation, and Building Services, had
an opportunity to provide feedback on the Dust Control Manual from an operational perspective.
Agenda Item 20
Item # 20 Page 6
ATTACHMENTS
1. Council Work Session Summary, February 9, 2016 (PDF)
2. Additional Data Regarding Cost Assumptions (PDF)
3. Public Engagement Summary (PDF)
4. Sustainability Assessment Summary and Tool (PDF)
5. Air Quality Advisory Board minutes, March 21, 2016 (draft) (PDF)
6. Land Conservation and Stewardship Board minutes, February 11, 2015 (PDF)
7. Natural Resources Advisory Board Memo, December 17, 2015 (PDF)
8. Parks and Recreation Board minutes, December 2, 2015 (PDF)
9. Planning and Zoning Board minutes, December 17, 2015 (PDF)
10. City Administrative Policy on Dust Prevention and Control (PDF)
11. Powerpoint presentation (PDF)
ATTACHMENT 1
Fugitive Dust – Updated Summary of Cost Estimates
This document is a summary of six estimates of the costs associated with dust control, prevention and
mitigation at four project types. The data were compiled by AECOM, a private consulting firm in
consultation with local contractors or City project managers.
The overall costs are summarized below for each analysis, and then more detailed costs on each cost
estimate, including assumptions, are provided on the following pages.
Summary of Cost Estimates for the Various Project Types
Project
Dust Mitigation Cost
Total
Project
Cost
Dust Cost
as % of
Overall
Cost Notes
Required
BMPs
Additional
BMPs
Total
Costs
1. Infill Single
Family Home –
estimate 1*
$700 $0 $700 $353,620 0.2%
(0.2%
required)
Estimated
costs, minimal
dust control
2. Infill Single
Family Home –
estimate 2*
$6,090 $6,080 $7,355 $360,275
3.4%
(1.7%
required)
Estimated
costs,
maximum dust
control
3. Greenfield
Single Family
Home – estimate 1
$700 $0 $700 $587,530 0.1%
(0.1%
required)
Estimated
costs, minimal
dust control
4. Greenfield
Single Family
Home – estimate 2
$6,090 $8,580 $14,670 $600,000 2.4%
(1.0%
required)
Estimated
costs,
maximum dust
1. Infill Single Family Home –
Estimate 1- 1500 square feet scrape and rebuild – Minimum Dust Control
Activity Dust Activity Task Required BMPs
Additional
BMPs Notes
Demolition Demolition Drop Height no additional cost N/A
Minimizing drop heights will add minutes per labor
shift to the operator’s time
Site Work
Earth Moving Drop Height no additional cost N/A see above
Grading
Reduce Vehicle
Speed
no additional cost N/A
Low speeds are already practiced within
construction areas
Material
Transport
Drop Height no additional cost N/A see above
Structural
Cutting &
Grinding
Restrict Access no additional cost N/A
Construction areas usually restrict access to the
site. Additional signs, blockades or temporary
fencing may be constructed to further restrict
access
Site/Street
Cleanup
Track-out/Carry-
out
Deposition
Removal
$700 N/A
Manually removing deposition left on the site and
in the street will be removed by push broom and
water. Depending on the size of the site and
frequency of cleanup this is estimated to be 0.2%
of total project cost
Project Total: $353,620 Mitigation Total: $700 $0
Required BMPs: 0.2% of Project Total
Additional BMPs: 0% of Project Total
2. Infill Single Family Home –
Estimate 2- 1500 square feet scrape and rebuild – Maximum Dust Control
Activity
Dust
Activity
Task
Required
BMPs
Additional
BMPs
Notes
Demolition Demolition
High Wind
Restriction
$2,050 N/A
Assume stop work less than 0.5% (0.2 hours) of a 40 hour
week for employees and equipment rentals. Assume 8
employees per site at an average rate of $28/hr and rental fees
of $800/hr total for all equipment stopping work. Assume total
demolition time of 1 week.
Wet Suppression N/A $1500-$2000
This involves renting a meter, hose, and pressure nozzle and
acquiring a permit to utilize a fire hydrant for water suppression.
Site Work
Earth
Moving
High Wind
Restriction
$1,650 N/A
Assume stop work less than 0.5% (0.2 hours) of a 40 hour
week for employees and equipment rentals. Assume 6
employees per site at an average rate of $28/hr and rental fees
of $650/hr total for all equipment stopping work. Assume total
earthmoving/grading time of 1 week.
Wet Suppression N/A $1500-$2000 see above
Grading
High Wind
Restriction
$1,650 N/A
Assume stop work less than 0.5% (0.2 hours) of a 40 hour
week for employees and equipment rentals. Assume 6
employees per site at an average rate of $28/hr and rental fees
of $650/hr total for all equipment stopping work. Assume total
earthmoving/grading time of 1 week.
Wet Suppression N/A $1500-$2000 see above
Material
Transport
Load Cover
N/A
$80
Assume rental from truck service with load covers for extra
$10/hr for 8 hours of hauling ($80)
Structural
Cutting &
Grinding
Slurry Cleanup/On
tool exhaust
$40 N/A
On tool exhaust systems cost ~$160/ea. Assume 5 tools
equipped with exhaust and 5% of total tool cost per project
3. Greenfield Single Family Home –
Estimate 1- 3,000 square feet scrape and rebuild – Minimum Dust Control
Activity Dust Activity Task Required Additional Notes
Demolition Demolition Drop Height no additional cost N/A
Minimizing drop heights will add minutes
per labor shift to the operator’s time
Site Work
Earth Moving Drop Height no additional cost N/A see above
Grading Reduce Vehicle Speed no additional cost N/A
Low speeds are already practiced within
construction areas
Material Transport Drop Height no additional cost N/A see above
Structural Cutting & Grinding Restrict Access no additional cost N/A
Construction areas usually restrict access
to the site. Additional signs, blockades or
temporary fencing may be constructed to
further restrict access
Site/Street Cleanup Track-out/Carry-out Deposition Removal $700 N/A
Manually removing deposition left on the
site and in the street will be removed by
push broom and water. Depending on the
size of the site and frequency of cleanup
this is estimated to be 0.2% of total
project cost
Project Total: $587,530 Mitigation Total: $700 $0
Required BMPs: 0.1% of Project Total
Additional BMPs: 0% of Project Total
4. Greenfield Single Family Home –
Estimate 1- 3,000 square feet scrape and rebuild – Maximum Dust Control
Activity Dust Activity Task
Required
BMPs
Additional
BMPs
Notes
Demolition
Demolition Drop Height $2,050 N/A
Minimizing drop heights will add minutes per labor
shift to the operator’s time
Wet
Suppression
Wet Suppression N/A $1500-$2000
This involves renting a meter, hose, and pressure
nozzle and acquiring a permit to utilize a fire hydrant
for water suppression.
Site Work
Earth Moving
Drop Height $1,650 N/A
Minimizing drop heights will add minutes per labor
shift to the operator’s time
Wet Suppression N/A $1500-$2000 see above
Grading
High Wind
Restriction
$1,650 N/A
Assume stop work less than 0.5% (0.2 hours) of a 40
hour week for employees and equipment rentals.
Assume 6 employees per site at an average rate of
$28/hr and rental fees of $650/hr total for all
equipment stopping work. Assume total
earthmoving/grading time of 1 week.
Wet Suppression N/A $1500-$2000 see above
Material
Transport
Load Cover N/A $80
Assume rental from truck service with load covers for
extra $10/hr for 8 hours of hauling ($80)
Structural
Cutting &
Grinding
Slurry
Cleanup/On tool
exhaust
$40 N/A
On tool exhaust systems cost ~$160/ea. Assume 5
tools equipped with exhaust and 5% of total tool cost
per project ($40)
Site/Street
Cleanup
Deposition
Removal
Deposition
Removal
$700 N/A
Manually removing deposition left on the site and in
the street will be removed by push broom and water.
Depending on the size of the site and frequency of
5. Horsetooth and Timberline Intersection – Actual Costs
Activity Dust Activity Task Required Additional Notes
Demolition
Stockpiles & Earthmoving Drop Height no additional cost N/A
Minimizing drop heights will add minutes per labor
shift to the operator’s time.
Open Areas Synthetic Cover $23,220 N/A
Purchase and application of synthetic or natural
cover at $0.63/sy and labor costs. Costs
associated with this mitigation measure will vary
greatly depending on material costs and size of
the area being covered.
Site Work
Track-out/Carry out Track out Pads $5,800 N/A
This cost was pulled directly from the bid sheet
for the project
Track-out/Carry out Sweeping $3,100 N/A
For this project a brush roller system could be
operated to remove debris from the road
Bulk Material Transport Load Cover N/A $3,320
Assume 4 tandem trucks operating to remove site
debris including concrete. Each load cover is
priced at $415.
Cutting & Grinding On-tool Wet Suppression $300 N/A
Tool attachments run between $150-300 per tool
used.
Project Total: $3,304,501 Mitigation Total: $32,420 $3,320
Required: 1.0% of Project Total
Additional: 0.1% of Project Total
6. Project: 222 Laporte City Building – Actual Costs
Activity Dust Activity Task
Required
BMPs
Additional
BMPs Notes
Demolition
Demolition Enclosed Mortar Mixer, Building Permit N/A $10,000
Enclosed Mortar Mixer,
Building Permit- As costed
Stockpile Fencing and High Wind Restrictions (40mph) $5,000 N/A
Fencing and High Wind
Restrictions (40mph) – Stop
work should occur when
winds exceed 30mph
Site Work
Track-out/Carry out Track out Pads $15,000 N/A As costed
Track-out/Carry out Wet Suppression $7,500 N/A
Most companies will rent or
sub this work activity out on
an as-needed basis
Cutting and Grinding On-tool wet Suppression $7,500 N/A
Tool attachments run
between $150-300 per tool
used.
Construction Drywall & Other $5,000 N/A
Dust mitigation associated
with construction and cutting
activities
Project Total: $10,000,000 Mitigation Total: $40,000 $10,000
Required: 0.4% of Project
Total
Additional: 0.1% of Project
Total
Overall Note: All costs were provided as lump sums from the project manager.
PUBLIC ENGAGEMENT SUMMARY
PROJECT TITLE: Dust Control and Prevention
OVERALL PUBLIC INVOLVEMENT LEVEL: Involve
BOTTOM LINE QUESTION: Shall the Council adopt code amendments to control fugitive dust?
KEY STAKEHOLDERS: Developer/contractor community, City Departments, residents
TIMELINE: 2013-2016
PHASE 1: Internal stakeholder outreach
Timeframe: April 2014 – September 2014
Key Messages: Help us define the problem and devise a solution
Tools and Techniques: Meetings with affected staff groups
Community Development & Neighborhood Services
Engineering
Streets
Regulatory & Governmental Affairs
Storm Water
Water Engineering & Field Services
City Attorney
Larimer County Department of Health and Environment
PHASE 2: External and internal stakeholder engagement
Timeframe: June 2014 – February 2015
Key Messages: Staff is working on fugitive dust control. How can we improve our proposal? How will
dust control requirements affect you?
Tools and Techniques:
Board/Commission meetings - Air Quality Advisory Board, Building Review Board, Planning and
Zoning Board, Natural Resources Advisory Board, Parks and Recreation Board, Land Conservation
and Stewardship Board
Online Survey – 163 respondents
Open House – February 2015 (14 attendees)
Specific outreach to the business community, including the Chamber of Commerce, business
meetings, and a stakeholder meeting with 23 attendees in December 2014
ATTACHMENT 3
PHASE 3: Pilot Project – Field Data Collection and Fugitive Dust Working Group
Timeframe: June 2015 – February 2016
Key Messages: Now that draft Ordinances and a Draft Dust Prevention and Control Manual has been
drafted, how can these products be improved? What are the cost, time to implement, water use, dust
prevention, and other impacts of this proposal?
Tools and Techniques:
Monthly Fugitive Dust Working Group Meetings
Data collection at construction sites (baseline data to understand current practices) and controlled
observations (to test how applying the best management practices outlined in the manual reduces
dust generation)
PHASE 4: Additional Outreach
Timeframe: September 2015 – February 2016
Key Messages: What remaining concerns do you have on this project?
Tools and Techniques:
Council Work Session (February 9)
Additional outreach to the business community, e.g., the Northern Colorado Homebuilders
Association, Chamber of Commerce Local Legislative Affairs Committee, etc.
Recommendations from Boards and Commissions
PHASE 4: (If Adopted) Training and Public Outreach
Timeframe: April 2016 – December 2016
Key Messages: This is how to implement the Dust Prevention and Control Manual – from either an
enforcement perspective or a contractor perspective
Tools and Techniques:
Training sessions will include presentations that include a general overview of the changes to the
Code, the guidance manual, and requirements of individual parties. Training sessions will be
conducted with a) all City staff, including front line building staff; b) City inspectors; c)
Contractors, developers, etc. (including both City and private sector staff that generate dust).
Enforcement materials will include draft enforcement worksheet that will be completed by
inspectors in the field, the draft spreadsheet for tracking enforcement, and a Sharepoint site to
manage the various inspection documents.
Outreach is designed to inform the general public about the regulations that have been adopted.
Staff intends to develop a communication plan that includes both traditional notifications, e.g.,
Utility mailer, as well as social media. Staff will work with the Communications and Public
Involvement Office to craft these materials.
*The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed
by Eugene, Oregon, July 2009. 1
SUSTAINABILITY ASSESSMENT SUMMARY
DATE: November 2015
SUBJECT: Sustainability Assessment (SA) Summary for Dust Prevention and Control Strategies
Key issues identified:
Dust control proposal will likely reduce fugitive dust, leading to improved human health for
residents and workers at dust-generating sties, improved safety, and improved aesthetics such
as visual air quality.
Overall, proposal will have a positive impact on the environment by reducing particulate matter
emission into the air and water. Proposal may result in more water use. Proposal may result in
more waste generation from increased use of wind barriers.
Although many companies already employ dust mitigations strategies, and mitigation strategies
are required by county and state government for dust-generating sources greater than five
acres, the cost associated with implementing control measures not previously required could
negatively impact those businesses.
Suggested mitigation actions:
Dust control ordinance could be over-ridden by City Council at times where a drought conditions
exist.
At least some wind barrier materials could be recycled.
Economic , -1.1
Social , 1.7
Environmental
1.8
Rating
Average, 0.8
-4.0
-3.0
-2.0
-1.0
0.0
1.0
2.0
3.0
4.0
Sustainability Rating
Rating without mitigation Rating with mitigation
Rating Legend
3 Very positive
2 Moderately positive
1 Slightly positive
0 Not relevant or neutral
-1 Slightly negative
-2 Moderately negative,
impact likely
-3 Very negative, impact
expected
ATTACHMENT 4
*The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 2
City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT)
(Completed November 2015)
Creating a sustainable community
Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental,
human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we
depend.
How to use the tool
The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social
equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment
Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine:
• The process for cross-department collaboration in using the SAT
• Timing for applying a SAT
• When to apply a SAT
• How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings
Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php
The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some
of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making.
Brief description of proposal
Please provide a brief description of your proposal – 100 words or less
The City has developed a proposed ordinance to adopt municipal code language and a Dust Prevention and Control Manual that establishes minimum
requirements consistent with nationally recognized practices for controlling fugitive dust emissions, and identifies additional dust control measures that could be
used to prevent off-property transport or off-vehicle transport of fugitive dust emissions for 12 specific dust generating activities. The objective of the City’s
fugitive dust control program is to prevent health and ecosystem impacts as well as nuisances from dust emissions through the application of readily available
and generally accepted dust control measures.
Staff lead(s):
Please note staff name, position/division and phone number
Lindsay Ex, Environmental Program Manager
Environmental Services Department
(970) 224-6143
3
Social Equity
Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil,
political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a
safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the
differences among people. Emphasizing justice, impartiality, and equal opportunity for all.
Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing,
education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and
seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender,
relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are
addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how
the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in
creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis.
Is this proposal affected by any current policy, procedure or action plan?
Has advice been sought from organizations that have a high level of
expertise, or may be significantly affected by this proposal?
Proposal Description
1. Meeting Basic Human Needs
• How does the proposal impact access to food, shelter,
employment, health care, educational and recreational
opportunities, a safe and healthy living environment or
social services?
• Does this proposal affect the physical or mental health of
individuals, or the status of public health in our community?
• How does this proposal contribute to helping people achieve
and maintain an adequate standard of living, including housing,
or food affordability, employment opportunities, healthy families,
or other resiliency factors?
Analysis/Discussion
Increased dust control can improve the health of residents who
otherwise would be subject to fugitive dust emissions, esp. keeping in
mind ¼ of Fort Collins households have a member who has a
respiratory illness. This could lead to decreased costs for doctor or
hospital visits.
Dust control can improve worker health or reduce risk of health
problems at the site of the dust generating activity. Dust that contains
silica or toxic materials can be especially harmful.
Dust control can also improve indoor air quality and reduce the
amount of particulates that are tracked in a home.
Reducing or eliminating blowing dust in traffic areas and the improved
visibility will improve safety for drivers, bicyclists, pedestrians, etc.
The whole objective of the proposal is to prevent health and
ecosystem impacts from fugitive dust.
2. Addressing Inequities and being Inclusive
• Are there any inequities to specific population subsets in this
proposal? If so, how will they be addressed?
The proposal will provide increased relief to neighborhoods/residents who
experience the impacts of fugitive dust while any additional costs for
4
• Does this proposal meet the standards of the Americans with
Disabilities Act?
• How does this proposal support the participation, growth
and healthy development of our youth? Does it include
Developmental Assets?
• If the proposal affects a vulnerable section of our community (i.e.
youth, persons with disabilities, etc.)
implementation may be passed on to a larger group of customers.
The EPA’s Web page on PM states ‘According to the American Academy of
Pediatrics, children and infants are among the most susceptible to many
air pollutants. Children have increased exposure compared with adults
because of higher minute ventilation and higher levels of physical
activity.”
People with heart or lung diseases, children and older adults are the
most likely to be affected by particle pollution exposure. However, even
if you are healthy, you may experience temporary symptoms from
exposure to elevated levels of particle pollution.
3. Ensuring Community Safety
• How does this proposal address the specific safety and
personal security needs of groups within the community,
including women, people with disabilities, seniors, minorities,
religious groups, children, immigrants, workers and others?
The proposal will increase safety of everyone who otherwise would have
been experiencing fugitive dust emission (work site employees, drivers and
bicyclists, pedestrians and neighbors)
4. Culture
• Is this proposal culturally appropriate and how does it affirm
or deny the cultures of diverse communities?
• How does this proposal create opportunities for artistic and
cultural expression?
Citizen surveys have repeatedly shown that Fort Collins citizens value good
visual air quality and mountain views. Controlling dust would reduce visual
impairment and increase good visibility in Fort Collins.
The proposal will not have a negative impact on minorities.
Proposal may influence citizens’ perspective of the City government either
favorably or negatively.
5. Addressing the Needs of Neighborhoods
• How does this proposal impact specific Fort Collins
neighborhoods?
• How are community members, stakeholders and interested
parties provided with opportunities for meaningful participation
in the decision making process of this proposal?
• How does this proposal enhance neighborhoods and
stakeholders’ sense of commitment and stewardship to our
community?
Urban fugitive dust concerns are often localized in nature. Controlling dust
will aid neighborhoods or individuals who have dust concerns.
There has been significant outreach regarding this proposal include 2 open
houses, an on-line survey, individual meetings with stakeholders, meetings
with stakeholder groups, a Fugitive Dust Working group, and discussion
with many staff departments.
6. Building Capacity to Advance Social Equity
• What plans have been made to communicate about and
share the activities and impacts of this proposal within the
City organization and/or the community?
• How does this proposal strengthen collaboration and
cooperation between the City organization and community
members?
Staff will engage with the private sector dust-generating activities to
5
ESD staff will provide training on inspection and enforcement to City
inspectors who are routinely in the field for other inspections, and will also
provide info to Admin and other staff in departments who might encounter
calls/questions about the dust control program.
Social Equity Summary
Key issues:
Dust control proposal will likely reduce fugitive dust, leading to improved human health for residents and workers at dust-generating sties, improved
safety, and improved aesthetics such as visual air quality.
Potential mitigation strategies:
Overall, the effect of this proposal on social equity would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus
Rating represents group average +1.7
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
Environmental Health
Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to
climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural
resources.
Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for
support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify
and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and
waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources.
Analysis Prompts
• The prompts below are examples of issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for
any one project. Issues not covered by these prompts may be very pertinent
to a proposal - please include them in the analysis.
6
• Is this proposal affected by any current policy, procedure or action
plan? Has advice been sought from organizations that have a high level
of expertise, or may be significantly affected by this proposal?
1. Environmental Impact
• Does this proposal affect ecosystem functions or
processes related to land, water, air, or plant or
animal communities?
• Will this proposal generate data or knowledge related to the
use of resources?
• Will this proposal promote or support education in
prevention of pollution, and effective practices for
reducing, reusing, and recycling of natural resources?
• Does this proposal require or promote the continuous
improvement of the environmental performance of the City
organization or community?
• Will this proposal affect the visual/landscape or aesthetic
elements of the community?
Analysis/Discussion
Fugitive dust can harm ecosystems so controlling dust will reduce or
minimize harmful ecosystem impacts (i.e. harm plant growth, water quality,
air quality).
Implementation of the proposal will raise awareness for dust-generating
sources about pollution prevention and dust control best management
practices.
If mis-applied, chemical stabilization agents can harm ecosystem health.
Controlling dust will improve the visual and aesthetic environment in Fort
Collins, as well as air quality
Implementation of the proposal will likely increase water use for wet
suppression and therefore not support water conservation goals.
2. Climate Change
• Does this proposal directly generate or require the
generation of greenhouse gases (such as through
electricity consumption or transportation)?
• How does this proposal align with the carbon reduction goals for
2020 goal adopted by the City Council?
• Will this proposal, or ongoing operations result in an
increase or decrease in greenhouse gas emissions?
• How does this proposal affect the community’s efforts to reduce
greenhouse gas emissions or otherwise mitigate adverse climate
change activities?
The proposal may have very minor positive or negative impacts on GHG
emissions.
Would reduce GHG emissions:
Reduced vehicle speeds might use less fuel per mile than higher speeds.
If causes reduction in use of mechanical blowing
Carbon sequestration would increase from revegetation efforts.
Would increase GHG emissions:
Increased water use and the GHG emissions associated with water
treatment
Increased driving if conducting more site inspection visits
3. Protect, Preserve, Restore
• Does this proposal result in the development or modification
of land resources or ecosystem functions?
• Does this proposal align itself with policies and procedures
related to the preservation or restoration of natural habitat,
greenways, protected wetlands, migratory pathways, or the
urban growth boundary
• How does this proposal serve to protect, preserve, or restore
important ecological functions or processes?
7
4. Pollution Prevention
• Does this proposal generate, or cause to be generated,
waste products that can contaminate the environment?
• Does this proposal require or promote pollution prevention
through choice of materials, chemicals, operational practices
and/or engineering controls?
• Does this proposal require or promote prevention of
pollution from toxic substances or other pollutants
regulated by the state or federal government?
• Will this proposal create significant amounts of waste or
pollution?
Use of chemical stabilization agents can have harmful environmental
impacts.
The Dust Manual prohibits the use of asphalt-based chemical stabilizers.
5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle
• Does this proposal prioritize the rethinking of the materials or
goods needed, reduction of resource or materials use, reuse of
current natural resources or materials or energy products, or
result in byproducts that are recyclable or can be re-circulated?
Proposal may result in increased slurry and associated clean up needs.
Proposal may increase waste from disposal of used wind barrier material.
NOTE: this could be mitigated through recycling of the material.)
6. Emphasize Local
• Does this proposal emphasize use of local materials,
vendors, and or services to reduce resources and
environmental impact of producing and transporting
proposed goods and materials?
• Will the proposal cause adverse environmental effects
somewhere other than the place where the action will take
place?
Proposal may benefit those outside City limits (i.e. in the GMA) by
preventing dust from being transported out of the city.
Proposal could foster a tool-sharing opportunity for certain dust
suppression tools.
Environmental Health Summary
Key issues:
Overall, proposal will have a positive impact on the environment by reducing particulate matter emission into the air and water. Proposal may
result in more water use. Proposal may result in more waste generation from increased use of wind barriers.
Potential mitigation strategies:
Dust control ordinance could be over-ridden by City Council at times where a drought conditions exist.
At least some wind barrier materials could be recycled.
Overall, the effect of this proposal on environmental health would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus
Rating represents group average +1.8
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
8
Economic Health
Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy,
enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs.
Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis
• Is this proposal affected by any current policy, procedure or action plan? Has
advice been sought from organizations that have a high level of expertise, or
may be significantly affected by this proposal?
1. Infrastructure and Government
• How will this proposal benefit the local economy?
• If this proposal is an investment in infrastructure is it designed
and will it be managed to optimize the use of resources
including operating in a fossil fuel constrained society?
• Can the proposal be funded partially or fully by grants, user
fees or charges, staged development, or partnering with
another agency?
• How will the proposal impact business growth or operations
(ability to complete desired project or remain in operation), such
as access to needed permits, infrastructure and capital?
Analysis/Discussion
Proposal may harm local private sector who engages in dust generating
activities if they have to implement controls that have added cost.
Proposal may benefit companies who offer dust suppression services.
Proposal does not introduce any new permits or fees.
Proposal may decrease workers comp costs if employees are exposed to
less dust pollution.
Proposal is likely to increase the amount of staff times spent inspecting and
enforcing dust control, but should result in better outcomes.
may either add net add work load to existing staff for conducting
inspections/do enforcement or reduce net time spent by multiple staff
responding to dust complaints with no enforcement approach available.
2. Employment and Training
• What are the impacts of this proposal on job creation
within Larimer County?
• Are apprenticeships, volunteer or intern opportunities
available?
• How will this proposal enhance the skills of the local workforce?
Likely minimal impact on job creation unless City inspection needs rise to
level of needed new staff resources that are funded.
Implementation of dust program could add an intern or graduate student
job opportunities.
Proposal will provide training to city staff and dust generators on dust
control BMPs.
3. Diversified and Innovative Economy
• How does this proposal support innovative or
entrepreneurial activity?
• Will “clean technology” or “green” jobs be created in this
proposal?
Proposal could support research into environmentally preferable chemical
stabilizers or alternative methods for dust suppression from street
sweeping.
9
• How will the proposal impact start-up or existing businesses or
development projects?
4. Support or Develop Sustainable Businesses
• What percentage of this proposal budget relies on local services
or products? Identify purchases from Larimer County and the
State of Colorado.
• Will this proposal enhance the tools available to businesses
to incorporate more sustainable practices in operations and
products?
• Are there opportunities to profile sustainable and socially
responsible leadership of local businesses or educate
businesses on triple bottom line practices?
Proposal does enhance the tools available to local businesses by providing
clarity about dust suppression BMP as discussed in the manual.
Proposal could benefit local companies that provide dust suppression
services.
Businesses excelling at dust suppression could be showcased for their
exemplary efforts.
5. Relevance to Local Economic Development Strategy
Proposal could benefit local companies that provide dust suppression
services.
Economic Prosperity Summary
Key issues:
Although many companies already employ dust mitigations strategies, and mitigation strategies are required by county and state government for
dust-generating sources greater than five acres, the cost associated with implementing control measures not previously required could negatively
impact those businesses.
Potential mitigation strategies:
Overall, the effect of this proposal on economic prosperity will be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus
Rating represents group average -1.1
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
Page 1
MINUTES
CITY OF FORT COLLINS
AIR QUALITY ADVISORY BOARD
Date: Monday, March 21, 2016
Location: Community Room, 215 N. Mason Street
Time: 5:30–8:00pm
For Reference
John Shenot, Chair
Ross Cunniff, Council Liaison 970-420-7398
Lucinda Smith, Interim Staff Liaison 970-224-6085
Board Members Present Board Members Absent
Rich Fisher John Shenot, Chair
+Gregory Miller Robert Kirkpatrick
Jim Dennison
+Vara Vissa (6:00)
+Tom Griggs
+Mark Houdashelt
+Chris Wood
Staff Present
Lindsay Ex, Staff Liaison/Environmental Program Manager
Dianne Tjalkens, Admin/Board Support
Cassie Archuleta, Environmental Planner
Councilmembers Present
Guests
None
Call to order: 5:31pm
…
AGENDA ITEM 3: Fugitive Dust Ordinance
Lindsay Ex updated the Board on the work done by staff and the Fugitive Dust Working Group since City
Council’s February 9 work session.
April 5 going to Council Work Session.
1. Leading by Example: the manual will be part of City project policy—will start immediately, except
for existing contracts.
2. Data on Costs: determined minimum and maximum costs per single family home based on infill,
greenfield, size, etc.
3. Monitoring/Tracking: have developed system to track and act on complaints.
4. Hybrid Approach: concerns for housing affordability, developed hybrids as result.
a. Proposing all projects must prevent, minimize and control dust
b. All projects must apply BMPs for materials transport and saw cutting.
c. Manual is used for residential projects over 10Ksf.
d. Manual applies to projects under 10Ksf if two written warnings per year.
e. If not preventing off-property transport must apply at least one additional BMP.
Going to Planning and Zoning Board for recommendation.
DRAFT
ATTACHMENT 5
Page 2
Comments/Q&A
What accounts for range between minimum and maximum costs?
o Maximum assumes that will have to use additional BMPs because minimum required dust
suppression is not working.
Can we accelerate implementation? Will miss this construction season. Can we have soft
enforcement sooner with training and education?
o Did previous recommendation support delayed enforcement?
Supported December enforcement.
Difficult to move soft enforcement into summer?
Goes to Council in April. Could there be a notice that goes to all construction to read
website and begin practicing?
Need to determine what earliest date could be. Many teams involved in
enforcement.
Opportunity to be a good neighbor.
Don’t want to push Council too much when finally starting to take action.
o Proactively educate community.
o Clarification: If builder with contiguous lots, become a site larger than 10Ksf.
Know what is coming up because of building permits.
o Over 70% of building permits were over 10Ksf.
o Should be about dust generating potential, rather than arbitrary cut-off.
By including saw cutting, covered loads, and two warnings, address the largest dust
generating activities.
o Includes renovations, road building, etc.?
Would include checklist for smaller projects. Have email list for all contractors in
community.
What percentage of dust problem does this solve?
o Never had a complaint on construction of a single family home site.
o Applies to large residential and all commercial developments.
o Ozone is regional problem; this is a problem of a small area. Good neighbor policy.
What about properties that have both commercial and residential?
o Will have to look at attorney’s language for mixed use sites.
Some residential lots are larger than 10Ksf. Important to build awareness. Ex: reducing speeds on dirt
roads, esp. on private properties. Community should be made aware.
o 80% of all single family residential is under 10Ksf.
o Council is okay with compromise because tracking system allows staff to determine where
the problems are. Have never had complaints on single family homes. Costs are high to apply
to single family homes.
Rich moved and Tom seconded a motion to support the following recommendation to Council:
The Air Quality Advisory Board continues to recommend adoption of the Dust Prevention and Control
Manual for all projects within the community.
However, if Council chooses to adopt a hybrid approach as proposed by City staff, then the Board
recommends prompt adoption of such approach and encourages staff to initiate soft enforcement as quickly
as possible to ensure that contractors and the general public are made aware of these standards during the
2016 construction season.
Motion passed unanimously, 6-0-0.
ACTION ITEMS: Lindsay will look more into when soft enforcement of ordinance could begin.
Land Conservation and Stewardship Board Page 2
Public Comments: None
Action Items:
Dust Control Manual – Melissa Hovey
Due to an increase in development in the city and more and more complaints about dust City
Council requested the City Environmental Services Division propose code changes to the current
regulations to implement the best practices outlined in the Dust Prevention and Control Manual.
Health and environmental impacts from particulate matter are causing this to be a priority for the
department to close the gap in regulations and enforcement actions. Environmental Services is
seeking LCSB support for the municipal code change, a Dust Guidance Manual and an internal
policy and public outreach effort. No new fees would be implemented; this is using existing
staff in the field to respond to complaints. This is less active than some of enforcement
procedures so it’s mostly based on a complaint and enforcement actions. This does not require
any new permits, additional inspections, extra requirements or additional fees. We are not
expecting zero dust, but the enforcement would address whether or not you are following dust
control guidelines.
Applicable activities that would most affect the Natural Areas Department would be any and all
earthmoving activities, track out/carry out activities, unpaved roads and haul roads. Melissa
listed the site where a dust control survey can be taken by the general public
http://www.fcgov.com/airquality/fugitive-dust.php .
Kelly reported that this issue isn’t going before Council for a year and wanted to know why.
Melissa – I don’t know why, but I did inquire as to whether or not that was accurate and was told
yes. We are hoping that maybe after April that we can bring this issue back.
Kelly proposed it might be brought back to the table after the election.
Melissa reported that there has been much industry push back, specifically with the regulations
because most industry has their own dust control management practices in place and feel the
code to be duplicative of what they are currently doing.
Kathryn – Would it be helpful to have the general public write in to Council supporting the
issue?
Melissa- We are directing the public to go to Fort Collins Access and make an initial record of it
versus just writing a letter.
Kathryn – At what level is dust classified as fugitive and how do you define the term fugitive
and then how do you go about measuring this?
Land Conservation & Stewardship Board
February 11, 2015 ATTACHMENT 6
Land Conservation and Stewardship Board Page 3
Melissa – The word fugitive means that it does not come from a stack chimney or vent, it’s just
out blowing around. We use EPA guidelines to help us measure it.
Trudy - Would it be helpful to submit a letter, from the board, to Council asking them to put the
item back on the agenda?
Kelly – It seems like there has to be a better way to get people to comply with the regulations
and I understand the goal is compliance, but it’s not punitive.
Melissa – The goal is to get someone from our staff, on the property to enforce the rules.
Kathryn – How do you prove infraction?
Melissa – Basically we are asking if you are doing this type of activity then are you using these
management practices. There is an assumption that dust emissions transferred over the property
line and if that’s the case then dust control measures must be in place.
Kelly – I would really like the LCSB to support this in the strongest way possible. Where is the
push back coming from?
Melissa - The larger guys that have worked out of state understand the regulations, but the
smaller size businesses that have only operated in northern Colorado are unfamiliar with this,
they are fearful of it, it’s new and they are quickly reading a 40 page manual and simply can’t
afford it. We’ve been very successful meeting with these smaller companies. It’s an education
hurdle to overcome but after we talk with them and give them the information they become
supportive of the idea.
Kathryn - I support this because of the health implications, especially for children. The asthma
rate is very high right now and seems to be getting worse.
Edward – Would there be a need to put in the letter what the stakes are, in this, for the Natural
Areas Department or are we just voicing an opinion on this.
Mark – We have a huge stake in this issue. Rick Bachand and Justin Scharton reviewed this as
well because we have some operations that this affects. We do a lot of earth moving projects and
agricultural projects so we certainly have concerns. We didn’t think there was anything in the
manual that we wouldn’t live up to. Those concerns are also listed in the Dust Control
memorandum that was sent out.
Trudy – Wasn’t it clear in the memo you sent out how this affect the Natural Areas Department?
Mark –Yes.
Trudy Haines made a motion to send a letter to City Council recommending the item be
put back on the March agenda and that City Council approve the proposed Code changes
to implement the best practices outline in the Dust Prevention and Control Manual
developed by the Environmental Services Department.. Kathryn Grimes seconded the
motion. The motion was unanimously approved.
Land Conservation and Stewardship Board Page 4
Mark agreed to leave the memorandum as is and just add the language to encourage the item to
be placed on the March City Council agenda.
Environmental Services
215 N. Mason
PO Box 580
Fort Collins, CO 80522
970.221-6600
970.224-6177 - fax
fcgov.com
MEMORANDUM
NATURAL RESOURCES ADVISORY BOARD
DATE: December 17, 2015
TO: Mayor and City Council Members
FROM: John Bartholow, on behalf of the Natural Resources Advisory Board (NRAB)
SUBJECT: Recommendation on Fugitive Dust Control
The NRAB has twice reviewed draft guidelines for controlling fugitive dust in Fort Collins
prepared by the Environmental Services Department, a problem arising from citizen nuisance
complaints and dutifully addressed by Staff.
We are swayed by the need for, and the multiple benefits of, dust control, both for the health of
our citizens and of our many wetlands and waterways, as well as supplementing ongoing efforts
to darken our nighttime skies.
The guidelines seem appropriate, not overly costly or invasive, and very much in line with
similar nuisance dust guidelines in other areas of the arid west.
We urge Council to put the Fugitive Dust Control elements in place by amending the Municipal
and Land Use Codes, adopting the Dust Control Manual, and approving any other actions
necessary to support this common sense dust control effort.
Respectfully submitted,
John Bartholow
Chair, Natural Resources Advisory Board
cc: Darin Atteberry, City Manager
Susie Gordon, Sr. Environmental Planner
ATTACHMENT 7
Parks & Recreation Board Meeting – December 2, 2015
Page 1 of 5
Full Minutes
AGENDA ITEMS:
Fugitive Dust Presentation - Lindsay Ex, Environmental Program Manager
Lindsay explained to the P&R Board that the reason for the presentation was because there are implementation
implications for Parks with regards to the proposed Municipal and Land Use Code changes that acknowledge the fugitive
dust manual and align existing requirement; but staff is seeking a recommendation from the P&R Board to adopt the
proposed Fugitive Dust Standards.
Fugitive dust is solid particles suspended in the air that don’t pass through any type of filter or vent. There are existing
regulations in place at the State and County level, but existing Fort Collins regulations are difficult to enforce. The
manual and proposed Municipal and Land Use Code changes are meant to help close the “gaps” and provide clear and
upfront guidance on how to comply and alleviate the inconsistencies across the City. The regulation standards only apply
if dust is transported off property.
Through air monitoring and air emissions data we can show that there are air quality concerns. In addition, staff responds
to 50-100 citizen concerns/complaints in a year.
The City is proposing an approach to the fugitive dust issue by updating the Municipal & Land Use Codes to reflect the
standards established by the fugitive dust manual, supporting the fugitive dust manual which addresses 12 dust generating
activities and provides multiple options for compliance depending on the activity which can significantly reduce fugitive
dust, providing training, and ensuring there is significant public outreach.
Some implications to adopting the fugitive dust requirements are related the cost. There are low-cost solutions in some
cases that could include wet suppression or minimizing drop heights on equipment. However, there are other solutions
that have a much higher cost such as high wind restrictions or the need purchase different equipment to do a job that will
reduce dust (i.e., a street sweeper with a vacuum).
Discussion
Board – Who is responsible for the compliance, a contractor or sub-contractor?
Staff – We would be looking at who was most culpable, but it’s not so much about citations as it is about compliance.
There will be a lot of teaching moments.
Board – How does CSU fit into this?
Staff – They are regulated and controlled by the State and Federal Government, so the City doesn’t have any enforcement
abilities.
Board – A good contact at CSU if the City wants to reach out to establish a fugitive dust partnership would be Steve
Reynolds. He is a Professor and Associate Department Head for Environmental and Radiological Health at CSU and dust
is his “gig”. He would be a great ambassador.
Staff – Thank you for the information.
Board – How are you measuring the success of this regulation?
Staff – We will probably measure through compliance and complaints.
Board – It would be a great project goal if you could find a way to measure the air quality long-term since the purpose is
about better air quality.
Staff – We could potentially take dust tracking and continue to measure site by site, but monitoring overall air quality is
very difficult with the limited equipment we have.
Board – It seems that measuring air quality would be a more proactive/positive approach.
Board – Have there been any complaints on horse riding facilities?
Staff – Not that I’m aware of, but they are covered in the manual.
Board – What are the scope of complaints? Are they on homeowners or constructions sites? My concern would be if the
measurement was complaint driven, it would adversely affect small businesses and homeowners.
Staff – Most complaints are on large construction sites. I’m not aware of any complaints on homeowners, but we would
be working with a homeowner by providing options, not typically citations.
Board – What about tree removal?
Parks and Recreation Board
December 2, 2015 ATTACHMENT 8
Parks & Recreation Board Meeting – December 2, 2015
Page 2 of 5
Staff – Yes, landscaping is a part of the manual and it could include something like covering a load.
Board – What about chipping?
Staff – Sawdust is typically due to a dull blade, and you have to remember fugitive dust is what leaves the property. It’s
not an issue when it’s on the property.
Staff – Using best practice intentions with options will help keep us in compliance.
Board – Does Parks support with the Fugitive Dust Standards?
Staff – Yes.
Ragan Adams made a motion to approve support for the Fugitive Dust Standards proposal.
Seconded by Bruce Henderson
VOTE: 9:0 in favor to approve
No further discussion
Planning & Zoning Board
December 17, 2015
Page1
Project: Fugitive Dust Regulation & Guidance Manual
Project Description: This is a request for a Recommendation to City Council regarding
various
revisions to the Land Use Code related to a comprehensive approach to governing fugitive
dust on a city- wide basis. The proposed revisions have been initiated by the Environmental
Services Department and are intended to work in conjunction with a larger set of proposed
revisions to City Code that will be considered by City Council on January 5, 2016. In addition,
a Dust Prevention and Control Manual will
be provided describing best practices for a variety of activities and industries and at
various scales. Revisions to the Land Use Code must first be evaluated by the Planning
and Zoning Board before City Council First Reading.
These revisions are being brought to the Planning and Zoning Board outside the annual
update process in order to ensure that complete package of all code revisions, including
the Dust Prevention and Control Manual, are forwarded to City Council in a
comprehensive manner.
Recommendation: Approval
Staff and Applicant Presentations
Environmental Planner Ex gave a brief staff presentation of this project, highlighting the
prior concerns and what changes were developed. She recapped some statistics of the
dust-generating activities and referenced the proposed guidance manual, which will
provide a guideline for compliance with City standards. She stated that the proposed
manual also includes "best management practices".
Public Input:
Jim Dennison, Liaison to the Air Quality Advisory Board, attended the hearing with the
purpose of sharing the Board's recommendations. He reviewed the history of the City
Council request for staff to
put together a guidance manual for this. This has been a collaborative effort because it
involves several
City departments; a draft manual was prepared and adoption has been recommended.
Board Questions and Staff Response
Member Hart asked for clarification of the P&Z's role in this project, and Planner Ex
stated that Staff is seeking a recommendation from the P&Z Board to adopt the proposed
changes to the Land Use Code (LUC). Member Schneider asked if a final draft of the
manual has been prepared at this time, and Assistant City Attorney Yatabe stated that the
preliminary draft has been reviewed by the Legal Department, although future changes
are still possible. Planner Ex indicated that the training and enforcement materials would
be developed first of 2016, training would begin around March-April2016, and there
would be a "soft roll-out" over the summer 2016 with firm enforcement beginning in late
ATTACHMENT 9
Planning & Zoning Board
December 17, 2015
Page2
2016- early 2017. Assuming that approximately 60% of dust complaints come from
construction activity, Planner Ex also explained that regulations will remain in effect no
matter the development scale, meaning it will apply to both improvement and
development activity. Member Hart asked about the input obtained from the development
community; Planner Ex stated that concerns arise primarily from a cost perspective.
Member Heinz asked if the state or county may also benefit from these regulations, and
Planner Ex reported that these groups are happy to utilize this plan. Member Hobbs
asked to reiterate the enforcement of this process, even though it appears to be an
ongoing process over time. Planner Ex stated that compliance is the goal with minimal
citations being issued.
Board Deliberation
Vice Chair Kirkpatrick stated her appreciation of the development of this policy. Member
Hart and Schneider both stated their concern with adopting a manual without having the
benefit of its completion. There was some Board discussion about the lack of a manual
at present, even though the Board members support the clean air initiatives overall.
Member Hart made a motion that the Planning and Zoning Board recommend to City
Council adoption of the land use changes listed on page 1 of the staff report. Member
Hobbs seconded the motion. Vote: 5:1, with Member Schneider dissenting.
City of Fort Collins Administrative Policies
3.6 Air Quality
C. Dust Control
Purpose:
“Fugitivedust”consistsprimarilyofsoilparticlesintheaircausedbywindandhumanactivitiessuchas
excavating,demolition,abrasiveblasting,andotheractivities.Dustcauseshealthimpacts;safety,
visibility,andaestheticissues;andisanuisancethatcancauseexpensivedamagetopropertyand
machinery.
TheCityconductsmanyactivitiesthatregularlyproducefugitivedust,orhavethepotentialtoproduce
fugitivedust,suchasconstruction,demolition,earthmoving,stockpiling,orstreetsweeping.
TheCityofFortCollinswishestoleadbyexamplebyadoptingtheDustPreventionandControlManual
(March2016),the“DustControlManual”,intoCityAdministrativePoliciesinordertopreventor
minimizenegativeimpactsfromfugitivedustfromCityactivities.AcopyoftheDustControlManualis
availableathttp://citynet.fcgov.com/environmentalservices/
AlthoughtheDustControlManualhasbeendraftedtoapplytoanypersonwhoconducts,orisan
owneroroperatorof,adustgeneratingactivitywithintheCityofFortCollinsandnotjusttheCity,ithas
notyetbeenadoptedbyCouncilbyordinance.Accordingly,theDustControlManualasadoptedherein
shallapplytotheCityofFortCollinswhenitisengaginginthespecificdustgeneratingactivities
identifiedbeloworwithrespecttoitsownership,operation,orcontroloveralisteddustgenerating
activityorsource.ExistingCitycontractswiththirdpartyvendorsthataredustͲgeneratingactivities
shallbeconvertedasexpeditiouslyaspractical.UponadoptionoftheDustControlManualbyCouncil,
theManualintheformadoptedbyordinanceshallapplytotheCity.
A. CityDustͲGeneratingActivities
DepartmentsshallplanforandimplementthebestmanagementpracticescontainedintheDustControl
ManualwhentheyareinvolvedinactivitiesormanagingCityfacilitiesthatmaygeneratefugitivedustas
describedintheManual,including:
¾ constructionactivities,
¾ earthmovingactivities,
¾ demolitionandrenovation,
¾ stockpiles,streetsweeping,
¾ trackͲout/carryoutactivities,
¾ bulkmaterialstransport,
¾ useormaintenanceofunpavedroadsandhaulroads,
¾ Cityparkinglots,
ATTACHMENT 10
¾ Cityopenareasandvacantlots,
¾ sawcuttingandgrinding,
¾ abrasiveblastingand
¾ mechanicalblowing,
Citydepartmentsareresponsibleformakingchangesintheirdepartmentalpoliciesandprocedureto
implementthebestmanagementpracticescalledforintheManual.
Adustcontrolplanshallbedevelopedformajorcapitalimprovementordevelopmentprojectsoverfive
acresinsizeandformajoroperationsoractivitiesthathavethepotentialtogeneratefugitivedust
emissionsandexposethepublictoparticulatematterorcreateanairpollutionnuisance.
B. CityStandardsandContracts
Citydepartmentsthatdevelopconstructionstandardsorcontractspecificationsshallincorporate
requirementsforcompliancewiththeDustPreventionandControlManualinthesedocuments.AllCity
departmentsshalltakepromptandreasonablestepstoincorporatecompliancewiththeDust
PreventionandControlManualintoallRFPs,bidsandcontractswithoutsidevendorsthatincludethe
dustgeneratingactivitiesdescribedinSubsectionA.above.
April 5, 2016
Fugitive Dust
Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex
ATTACHMENT 11
Purpose
2
• Update from the February 9, 2016 Work Session
1. Leading by Example
2. Additional data on costs for Single-family Homes
3. Monitoring/tracking system for complaints
4. Developing a hybrid approach (combine Options 1 and 3)
• First Reading of Municipal and Land Use Code Changes
What is the problem?
333
Over ¼ of Fort Collins’
households have a
member with respiratory
ailments
• Impacts to the Public
• Impacts to the City
• Gaps in existing regulations
1. Leading by Example
4
• Council Direction:
– Take action now regardless of
Council adoption
• Action Taken:
– Adopted into Administrative Policy
on March 22, 2016
2. Additional Data on Costs
5
• Council Direction: Obtain more data and clarify costs
Project
Dust Mitigation Cost
Total Costs
Dust Cost
% of
Overall
Cost
Required
BMPs
Additional
BMPs
Total Dust
Costs
Infill Single Family
Home (SFH) – minimum
$700 $0 $700 $353,620 0.2%
Infill SFH – maximum $1,275 $6,080 $7,355 $360,275 3.4%
Greenfield SFH –
minimum
$700 $0 $700 $587,530 0.1%
Greenfield SFH –
maximum
$6,090 $8,580 $14,670 $600,000 2.4%
Horsetooth and
Timberline
$32,420 $3,320 $35,740 $3,304,501 1.1%
222 Laporte $40,000 $10,000 $50,000 $10,000,000 0.5%
3. Monitoring/Tracking System
6
• Council Direction:
– Ensure staff can track the overall # and discrete # of complaints
– Use to assess if the approach adopted is working
• Action taken – Tracking System Developed and Online
4. Hybrid Approach
7
• The Options:
1. Adopt Code Changes and Manual, delay enforcement
2. Adopt Code Changes and Manual, begin enforcement immediately
3. Adopt Code Changes only, use Manual as guidance if problems occur
4. Status Quo
• Similarities of the First Three Options
– All three options create an enforceable Ordinance
– All three options apply to all scales of activities
– All three options require covered loads
4. Hybrid Approach
8
• Council Direction:
– Concerns with impacts on housing affordability
– Explore what is the right threshold for applying Option 1 (the Manual is
required) versus Option 3 (Clear Ordinance)
• Action taken:
– Staff explored four approaches to develop a “hybrid”
– Reviewed these approaches with the Air Quality Advisory Board,
Fugitive Dust Working Group, and the Planning and Zoning Board
4. Hybrid Approach
9
All Projects Must Prevent, Minimize and Control Dust
All Projects Must Apply Bulk Materials Transport and Saw Cutting BMPs
Manual is used as the standard for
residential projects > 10,000 square feet
Manual only required for residential
projects <10,000 square feet if two
written warnings issued within one year
Required BMPs do not prevent off-property dust transport?
Apply at least one additional BMP.
4. Hybrid Approach
10
• Proposed Enforcement Timeline:
– May-June Develop training and enforcement materials
– June-Aug Conduct training sessions
– June-Oct Conduct public outreach
– June/July-Oct Soft enforcement (no fines)
– November 1 Official enforcement begins
Feedback
11
• Air Quality Advisory Board
– Continues to recommend adoption of the Manual for all projects
– If Council proceeds with the hybrid, the Board recommends prompt
adoption and to initiate soft enforcement as quickly as possible
• Planning and Zoning Board – April 7 Hearing
– Support for the hybrid approach during the March Work Session
April 5, 2016
Fugitive Dust
Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex
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ORDINANCE NO. 044, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS
RELATED TO PARTICULATE MATTER EMISSIONS
WHEREAS, on February 15, 2011, City Council approved Resolution 2011-015 adopting
the City Plan, including the Environmental Health Vision that sets forth an aspirational goal of
continuous improvements in air quality; and
WHEREAS, City Plan also contains numerous policies supporting air quality, including
Policy ENV 8.6 which directs staff to promote prevention of air pollution at its source as the
highest priority approach in reducing air pollution emissions; and
WHEREAS, in furtherance of the Air Quality Advisory Board’s 2015 Work Program,
which calls for addressing fugitive dust as a priority air quality initiative, City staff has proposed
amendment of Chapter 12 of the Fort Collins City Code to protect air quality by adopting dust
control and prevention standards by adopting a “Dust Prevention and Control Manual”; and
WHEREAS, in addition to preventing, mitigating, and minimizing dust, the City desires
to create minimal impact to the Fort Collins housing market; and
WHEREAS, City staff has vetted these proposed changes through a Fugitive Dust
Working Group composed of contractors, interested stakeholders, and City staff, as well as
through numerous public events and a project website; and
WHEREAS, City staff a presented the proposed changes set forth in the Dust Prevention
and Control Manual to the Parks and Recreation Board (December 2, 2015), Natural Resources
Advisory Board (December 16, 2015), the Air Quality Advisory Board (December 21, 2015) and
the Planning and Zoning Board (December 17, 2015) and all four Boards have recommended to
the City Council that the standards set forth in the Dust Prevention and Control Manual be
adopted; and
WHEREAS, City Council has determined that the adoption of the best management
practices and standards set forth in the Dust Prevention and Control Manual attached hereto as
Exhibit “A” and incorporated herein by reference, is in the best interest of the City and its
citizens and is necessary to protect the health, safety, and welfare of the public, including
prevention of adverse impacts of fugitive dust to human health, property, natural areas and
waters of the state, and other adverse environmental impacts.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
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Section 2. That Chapter 12 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article X which reads in its entirety as follows:
ARTICLE X.
PARTICULATE MATTER EMISSIONS
12-150. Purpose and Applicability.
(a) The purpose of this Article is to protect the health, safety, and welfare of the
public, including prevention of adverse impacts to human health, property, sensitive
areas, waters of the state, and other adverse environmental impacts and to prevent
visibility impairment and safety hazards caused by emissions of particulate matter into
the air from human activities.
(b) The provisions of this Article shall:
(1) Apply to any person who conducts or is an owner or operator of, a dust
generating activity or source within the City limits.
(2) Apply to City activities that constitute a dust generating activity or source,
except as set forth in subsection (b)(3) below.
(3) Not apply to operations conducted by: (i) any state or federal agency; or
(ii) the City, or any county, state, or federal agency in response to a local
emergency as defined in Code §2-666.
12-151. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section. Words, terms and phrases defined in the Dust
Prevention and Control Manual shall have the meaning set forth therein.
Dust Prevention and Control Manual or dust control manual shall mean the Dust
Prevention and Control Manual that describes applicable dust control measures as
adopted by City Council in Ordinance No. 044, 2016, and any subsequent revisions.
Dust control measures shall mean any action or process that is used to prevent or mitigate
the emission of fugitive dust into the air, including but not limited to, the best
management practices as identified in the Dust Prevention and Control Manual.
Dust generating activity or source shall mean a process, operation, action, or land use
that creates emissions of fugitive dust or causes off-property or off-vehicle transport, all
as more fully set forth in the Dust Prevention and Control Manual.
Residential source shall mean a dust generating activity or source occurring on real
property within the City that is (1) used or being developed for one or more dwelling
units, (2) consists of a single lot or parcel containing not more than 10,000 square feet,
-3-
and (3) is not contiguous with any other real property which is a dust generating source
and owned by the same person or entity.
Fugitive dust shall mean solid particulate matter emitted into the air by mechanical
processes or natural forces but is not emitted through a stack, chimney, or vent.
Off-property transport shall mean the visible emission of fugitive dust beyond the
property line of the property on which the emission originates or the project boundary
when the emission originates in the public right-of-way or on public property.
Off-vehicle transport shall mean the visible emission of fugitive dust from a vehicle that
is transporting dust generating materials on a public road or right-of-way.
Owner or operator shall mean any person who owns or has control over a dust generating
activity source either by operating, supervising, controlling, or maintaining ownership of
the activity or source including, but not limited to, a contractor, lessee, or other
responsible party of an activity, operation, or land use that is a dust generating activity or
source.
Particulate matter shall mean any material which is emitted into the air as finely divided
solid or liquid particles, other than uncombined water, and includes dust, smoke, soot,
fumes, aerosols, and mists.
12-152. Adoption of Dust Prevention and Control Manual.
(a) There is hereby adopted the Dust Prevention and Control Manual on file in the
office of the City Clerk, which shall have the same force and effect as though set forth
herein and shall be referred to as the dust control manual, for the purposes of protecting
the health, safety, and general welfare of the public as set forth in Section 12-150(a)
above.
(b) A copy of the dust control manual adopted under this Section 12-152 shall be kept
on file in the City Clerk’s office.
(c) The City Manager may adopt such minor conditions, revisions, and corrections to
the dust control manual as may, in his or her judgment, be necessary to better conform to
and maintain consistency with nationally recognized practices for controlling fugitive
dust emissions (referred to herein as “technical revisions”). The City Manager shall
approve only those technical revisions that:
(1) are consistent with all existing policies relevant to the revisions;
(2) do not result in significant additional cost to the persons affected by the
revisions; and
(3) do not materially alter the standards with which persons must comply.
-4-
Upon adoption of any such technical revisions pursuant to the authority of this
subsection, the City Manager shall provide to the City Clerk documentation of such
technical revisions specifying the date upon which they shall become effective, and shall
maintain said documentation on file in the permanent records of the City Clerk and
available for public inspection.
12-153. Prevention of fugitive dust emissions.
(a) Bulk Materials Transport: Any person who is an owner or lessee of property
within the City on which a dust generating activity or source is located and for which
vehicles are used to transport bulk materials to or from the property on a public or private
road or on a public right-of-way shall comply with and expressly require all contractors
and subcontractors to comply with the required best management practices and, to the
extent set forth therein, the additional best management practices in Section 3.6 of the
dust control manual.
(b) Saw Cutting or Grinding: Any person, owner or operator that cuts or grinds
asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a
dust generating activity or source shall comply with and expressly require all contractors
and subcontractors to comply with the required best management practices and, to the
extent set forth therein, the additional best management practices in Section 3.10 of the
dust control manual.
(c) Other Dust Generating Activities or Sources: Any person who conducts, or is an
owner or operator of, a dust generating activity or source shall comply with the
provisions of the dust control manual.
(d) It shall not be considered a violation of this section if off-property transport of
fugitive dust emissions occurs while dust control measures are being implemented to the
extent required by the dust control manual.
Sec. 12-154. Access to Private Property.
Officers of the City enforcing the provisions of this Article are hereby authorized to enter
upon any premises, excluding a dwelling unit or any structure, in the City for the purpose
of inspection of any dust generating activity or source or for any purpose authorized by
this Article or the dust control manual.
Section 12-155 – 12-158. Reserved
Sec. 12-159. Violations and penalties.
Any person who violates §12-153 of this Article, commits a civil infraction and is subject
to the penalty provisions of Subsection 1-15(f) of the Code.
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Sec. 12-160 Limitations on violations and penalties-residential source.
No owner or operator of a residential source is required to comply with the provisions of
12-153(c) or is subject to prosecution under that provision, unless, within one year
immediately preceding the date of the alleged violation:
(1) such owner or operator has been issued and served by personal service,
served to the registered agent, or by certified mail, a written warning and notice
stating that the subject property has yielded off-property transport of fugitive dust
and that he or she must prevent, mitigate, and minimize fugitive dust; and
(2) such owner or operator, after having been issued and served with the
written warning in 12-160(1), is issued and has been served by personal service,
served to the registered agent, or by certified mail, an additional written warning
and notice that the subject property has after the service of such prior warning and
notice yielded off-property transport of fugitive dust and that he or she must
immediately comply with the provisions of 12-153(c).
Section 3. The foregoing provisions enacted by this ordinance shall be effective on
and shall and apply to all dust generating activities or sources on and after November 1, 2016.
Notwithstanding the foregoing, the requirements set forth herein and in the dust control manual
shall not be applied so as to impair any contracts in existence as of the date on which this
ordinance becomes effective.
Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 19th day of April, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
March 2016
Dust Prevention and Control Manual
EXHIBIT A
DRAFT Dust Prevention and Control Manual
Do not cite or quote – Legal Review Pending Page i
CONTENTS
1.0 Introduction 1
1.1 Title 1
1.2 Purpose of Manual 1
1.3 Applicability 1
1.4 Definitions 2
2.0 Fugitive Dust and the Problems it Causes 5
2.1 What is Fugitive Dust, Generally? 5
2.2 Why is the City Addressing Fugitive Dust? 5
2.3 Health and Environmental Effects 6
2.4 Nuisance and Aesthetics 6
2.5 Safety Hazard and Visibility 6
3.0 Best Management Practices 7
3.1 Earthmoving Activities 8
3.2 Demolition and Renovation 10
3.3 Stockpiles 12
3.4 Street Sweeping 14
3.5 Track-out / Carry-out 15
3.6 Bulk Materials Transport 16
3.7 Unpaved Roads and Haul Roads 18
3.8 Parking Lots 20
3.9 Open Areas and Vacant Lots 22
3.10 Saw Cutting and Grinding 24
3.11 Abrasive Blasting 26
3.12 Mechanical Blowing 28
4.0 Dust Control Plan for Land Development Greater Than Five Acres 30
5.0 Resources 34
5.1 Cross Reference to Codes, Standards, Regulations, and Policies 34
5.2 City of Fort Collins Manuals and Policies 37
5.3 References for Dust Control 37
DRAFT Dust Prevention and Control Manual
Do not cite or quote – Legal Review Pending Page 1
1.0 Introduction
1.1 Title
The contents of this document shall be known as the Dust Prevention and Control Manual (“the
Manual”).
1.2 Purpose of Manual
The purpose of the Manual is to establish minimum requirements consistent with nationally recognized
best management practices for controlling fugitive dust emissions and to describe applicable best
management practices to prevent, minimize, and mitigate off-property transport or off-vehicle transport
of fugitive dust emissions pursuant to Article X of the Fort Collins City Code (§12-150 et. seq) for specific
dust generating activities and sources.
The purpose of Article X of the Code is to protect the health, safety, and welfare of the public, including
prevention of adverse impacts to human health, property, sensitive vegetation and areas, waters of the
state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards
caused by emissions of particulate matter into the air from human activities.
1.3 Applicability
As set forth in Code §12-150, this Manual applies to any person who conducts, or is an owner or
operator of, a dust generating activity or source, as defined in the Code and described in this Manual,
within the City of Fort Collins, subject to the exclusion set forth in Code §12-15-(b)(3).
DRAFT Dust Prevention and Control Manual
Do not cite or quote – Legal Review Pending Page 2
1.4 Definitions
Abrasive blasting shall mean a process to
smooth rough surfaces; roughen smooth
surfaces; and remove paint, dirt, grease, and
other coatings from surfaces. Abrasive blasting
media may consist of sand; glass, plastic or
metal beads; aluminum oxide; corn cobs; or
other materials.
Additional best management practice shall
mean using at least one additional measure if
the required best management practices are
ineffective at preventing off-property transport
of particulate matter.
Additional requirements shall mean when
applicable, any measure that is required, e.g., a
dust control plan when project sites are over 5
acres in size.
Best management practice shall mean any
action or process that is used to prevent or
mitigate the emission of fugitive dust into the
air.
Bulk materials transport shall mean the
carrying, moving, or conveying of loose
materials including, but not limited to, earth,
rock, silt, sediment, sand, gravel, soil, fill,
aggregate, dirt, mud, construction or demolition
debris, and other organic or inorganic material
containing particulate matter onto a public road
or right-of-way in an unenclosed trailer, truck
bed, bin, or other container.
Chemical stabilization shall mean the
application of chemicals used to bind soil
particles or increase soil moisture content,
including, but not limited to, dust suppressants,
palliatives, tackifiers, surfactants, and soil
stabilizers. Asphalt-based products or any
product containing cationic polyacrylamide or
products deemed environmentally incompatible
with Code §26-498, or defined as a pollutant
per Code §26-491, or explicitly prohibited by
the U.S. Environmental Protection Agency or
the state of Colorado may not be used for
chemical stabilization. Water soluble plant-
based oils or gums, clay additives, or other
synthetic polymer emulsion that are non-toxic,
non-combustible, and harmless to fish, wildlife,
plants, pets, and humans may be used for
chemical stabilization.
Code shall mean the Fort Collins City Code, as
amended from time to time.
Dust control measure shall mean any action
or process that is used to prevent or mitigate
the emission of fugitive dust into the air,
including but not limited to the best
management practices identified in this
Manual.
Dust generating activity or source shall
mean a process, operation, action, or land use
DRAFT Dust Prevention and Control Manual
Do not cite or quote – Legal Review Pending Page 3
processes or natural forces but is not emitted
through a stack, chimney, or vent
Local wind speed shall mean the current or
forecasted wind speed for the Fort Collins area
as measured at the surface weather
observation station KFNL located at the Fort
Collins Loveland Municipal Airport or at
Colorado State University’s Fort Collins or
Christman Field weather stations or as
measured onsite with a portable or hand-held
anemometer. The City will use anemometers
whenever practicable.
Maximum speed limit shall mean the speed
limit on public rights-of-way adopted by the City
pursuant to Fort Collins Traffic Code adopted
pursuant to City Code Section 28-16 For private
roadways, a speed limit shall be established as
appropriate to minimize off-site transportation
of.
Mechanical blower shall mean any portable
machine powered with an internal combustion
or electric-powered engine used to blow leaves,
clippings, dirt or other debris off sidewalks,
driveways, lawns, medians, and other surfaces
including, but not limited to, hand-held, back-
pack and walk-behind units, as well as blower-
vacuum units.
Off-property transport shall mean the visible
emission of fugitive dust beyond the property
line of the property on which the emission
originates or the project boundary when the
emission originates in the public right-of-way or
on public property.
Off-vehicle transport shall mean the visible
emission of fugitive dust from a vehicle that is
transporting dust generating materials on a
public road or right-of-way.
On-tool local exhaust ventilation shall mean
a vacuum dust collection system attached to a
construction tool that includes a dust collector
(hood or shroud), tubing, vacuum, and a high
efficiency particulate air (HEPA) filter.
On-tool wet dust suppression shall mean the
operation of nozzles or sprayers attached to a
construction tool that continuously apply water
or other liquid to the grinding or cutting area by
a pressurized container or other water source.
Open area shall mean any area of undeveloped
land greater than one-half acre that contains
less than 70 percent vegetation. This includes
undeveloped lots, vacant or idle lots, natural
areas, parks, or other non-agricultural areas.
Recreational and multi-use trails maintained by
the City are not included as an open area.
Operator or owner shall mean any person
who has control over a dust generating source
either by operating, supervising, controlling, or
maintaining ownership of the activity or source
DRAFT Dust Prevention and Control Manual
Do not cite or quote – Legal Review Pending Page 4
exposed and inactive for 30 days or more or
while vegetation is being established using
mulch, compost, soil mats, or other methods.
Stockpile shall mean any accumulation of bulk
materials that contain particulate matter being
stored for future use or disposal. This includes
backfill materials and storage piles for soil,
sand, dirt, mulch, aggregate, straw, chaff, or
other materials that produce dust.
Storm drainage facility shall mean those
improvements designed, constructed or used to
convey or control stormwater runoff and to
remove pollutants from stormwater runoff after
precipitation.
Surface roughening shall mean to modify the
soil surface to resist wind action and reduce
dust emissions from wind erosion by creating
grooves, depressions, ridges or furrows
perpendicular to the predominant wind
direction using tilling, ripping, discing, or other
method.
Synthetic or natural cover shall mean the
installation of a temporary cover material on
top of disturbed soil surfaces or stockpiles, such
as tarps, plastic sheeting, netting, mulch, wood
chips, gravel or other materials capable of
preventing wind erosion.
Track-out shall mean the carrying of mud, dirt,
soil, or debris on vehicle wheels, sides, or
undercarriages from a private, commercial, or
industrial site onto a public road or right-of-
way.
Vegetation shall mean the planting or seeding
of appropriate grasses, plants, bushes, or trees
to hold soil or to create a wind break. All seeded
areas must be mulched, and the mulch should
be adequately crimped and or tackified. If
hydro-seeding is conducted, mulching must be
conducted as a separate, second operation. All
planted areas must be mulched within twenty-
four (24) hours after planting.
Wet suppression shall mean the application of
water by spraying, sprinkling, or misting to
maintain optimal moisture content or to form a
crust in dust generating materials and applied
at a rate that prevents runoff from entering any
public right-of-way, storm drainage facility or
watercourse.
Wind barrier shall mean an obstruction at
least five feet high erected to assist in
preventing the blowing of fugitive dust,
comprised of a solid board fence, chain link and
fabric fence, vertical wooden slats, hay bales,
earth berm, bushes, trees, or other materials
installed perpendicular to the predominant
wind direction or upwind of an adjacent
residential, commercial, industrial, or sensitive
area that would be negatively impacted by
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2.0 Fugitive Dust and the Problems it Causes
2.1 What is Fugitive Dust, Generally?
Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of
dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other
materials. “Fugitive” dust means particulate matter that has become airborne by wind or human
activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public
Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted
into the air in Larimer County annually. The primary sources of this particulate matter include
construction activities, paved and unpaved roads, and agricultural operations.
The quantity of dust emitted from a particular activity or area and the materials in it can depend on the
soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses
of the site (industrial, farming, construction).
2.2 Why is the City Addressing Fugitive Dust?
Colorado state air regulations and Larimer County air quality standards generally require owners and
operators of dust generating activities or sources to use all available and practical methods that are
technologically feasible and economically reasonable in order to prevent fugitive dust emissions.
However, state regulations and permitting requirements typically apply to larger stationary sources
rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land
development.
Although state and county requirements apply to many construction activities, they do not address
many sources of dust emissions and City code compliance officers do not have authority to enforce state
or county regulations. Fort Collins is experiencing rapid growth and development that has contributed
to local man-made dust emissions. The City has established Article X of Chapter 12 of the Code (§§12-
150-12-159) to address dust generating activities and sources that negatively impact citizens in Fort
Collins.
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2.3 Health and Environmental Effects
Dust particles are very small and can be easily inhaled. They can
enter the respiratory system and increase susceptibility to respiratory
infections, and aggravate cardio-pulmonary disease. Even short-term
exposure to dust can cause wheezing, asthma attacks and allergic
reactions, and may cause increases in hospital admissions and
emergency department visits for heart and lung related diseases.
Fugitive dust emissions can cause significant environmental impacts as well as health effects. When
dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely
affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in
the loss of valuable top soil, reduce crop yields, and stunt plant growth.
According to the Environmental Protection Agency (EPA), studies have linked particulate matter
exposure to health problems and environmental impacts such as:
•Health Impacts:
o Irritation of the airways, coughing, and difficulty breathing
o Reduced lung function and lung cancer
o Aggravated asthma and chronic bronchitis
o Irregular heartbeat and increases in heart attacks
•Environmental Impacts:
o Haze and reduced visibility
o Reduced levels of nutrients in soil
2.4 Nuisance and Aesthetics
Dust, dirt and debris that become airborne eventually settle back down to
the surface. How far it travels and where it gets deposited depends on the
size and type of the particles as well as wind speed and direction. When this
material settles, it can be deposited on homes, cars, lawns, pools and ponds,
and other property. The small particles can get trapped in machinery and
electronics causing abrasion, corrosion, and malfunctions. The deposited
dust can damage painted surfaces, clog filtration systems, stain materials and
cause other expensive clean-up projects.
2.5 Safety Hazard and Visibility
Blowing dust can be a safety hazard at construction sites and on roads and
highways. Dust can obstruct visibility and can cause accidents between
vehicles and bikes, pedestrians, or site workers. Dust plumes can also
decrease visibility across a natural area or scenic vistas. The “brown cloud”,
often visible along the Front Range during the winter months, and the
brilliant red sunsets that occur are often caused by particulate matter and
other pollutants in the air.
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3.0 Best Management Practices
This Manual describes established best management practices for controlling dust emissions that are
practical and used in common practice to prevent or mitigate impacts to air quality from dust generating
activities and sources occurring within Fort Collins. The objective of the dust control measures included
in this Manual are to reduce dust emissions from human activities and to prevent those emissions from
impacting others and are based on the following principles:
Prevent – avoid creating dust emissions through good project planning and modifying or
replacing dust generating activities.
Minimize – reduce dust emissions with methods that capture, collect, or contain emissions.
Mitigate – when preventing fugitive dust or minimizing the impacts are not feasible, the
Manual provides specific measures to mitigate dust.
More specifically, the Manual establishes the following procedures for each dust generating activity
outlined in this Chapter:
1. Required Best Management Practices – this section includes the specific measures that are
required to be implemented if the dust generating activity is occurring. For example, high wind
restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best
management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive
blasting, and leaf blowing.
2. Additional Best Management Practices – this section includes additional measures if the
required best management practices are ineffective at preventing off-property transport of
particulate matter. At least one of the additional best management practices outlined in the
Manual must be implemented on the site to be in compliance with the Manual and Code.
3. Additional Requirements – When applicable, additional measures are also required, e.g., a dust
control plan when project sites are over 5 acres in size.
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3.1 Earthmoving Activities
Above: This figure illustrates earthmoving, which is an activity that can generate dust.
Dust emissions from earthmoving activities depend on the type and extent of activity being conducted,
the amount of exposed surface area, wind conditions, and soil type and moisture content, including:
x Site preparation (clearing, grubbing, scraping)
x Road construction
x Grading and overlot grading
x Excavating, trenching, backfilling and compacting
x Loading and unloading dirt, soil, gravel, or other earth materials
x Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles
x Screening of dirt, soil, gravel, or other earth materials
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving
that is a dust generating activity or source shall implement the following best management practices to
prevent off-property transport of fugitive dust emissions:
(i) Minimize disturbed area: plan the project or activity so that the minimum amount of
disturbed soil or surface area is exposed to wind or vehicle traffic at any one time.
(ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to
reduce speeds to a rate to mitigate off-property transport of dust entrained by vehicles.
(iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or
excavator buckets slowly, and minimize drop height of materials to the lowest height possible,
including screening operations.
(iv) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off-property transport.
(v) Restrict access: restrict access to the work area to only authorized vehicles and personnel.
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(b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off-
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and
other dust generating operations as necessary and appropriate considering current weather
conditions, and prevent water used for dust control from entering any public right-of-way,
stormwater drainage facility, or watercourse.
(ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top
soils.
(iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break.
(iv) Surface roughening: stabilize an active construction area during periods of inactivity or
when vegetation cannot be immediately established.
(v) Synthetic or natural cover: install cover materials during periods of inactivity and properly
anchor the cover.
(vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more
than 30 days or while vegetation is being established.
(vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended
application rates. Avoid over-application and prevent runoff of chemical stabilizers into any
public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any
product containing cationic polyacrylamide or products deemed environmentally incompatible
with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the
U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical
stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer
emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and
humans may be used for chemical stabilization.
(c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust
generating activity or source at a construction site or land development project with a total disturbed
surface area equal to or greater than five (5) acres also shall implement the following measures:
(i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and
methods that will be employed to control dust emissions with the development construction
permit application or development review application (see Chapter 4 of this Manual). A copy of
the Dust Control Plan must be onsite at all times and one copy must be provided to all
contractors and operators engaged in dust generating activities at the site.
(ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the
amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface
exposed at any one time may be asked to provide additional justification, revise the sequencing
plan, or include additional best management practices.
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3.2 Demolition and Renovation
Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an
engineering control) for demolition and renovation activities.
Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and
particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to
even small quantities of lead dust can result in harm to children and the unborn.
In addition to complying with the dust control measures below, any person engaged in demolition or
renovation projects must comply with applicable state and federal regulations for asbestos and lead
containing materials and notification and inspection requirements under the State of Colorado Air
Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or
renovation that is a dust generating activity or source shall implement the following best management
practices to prevent off-property transport of fugitive dust emissions:
(i) Asbestos and lead containing materials: demolition and renovation activities that involve
asbestos or lead containing materials must be conducted in accordance with Code Chapter 5
Sec. 5-27 (59) §3602.1.1;
(ii) Restrict access: restrict access to the demolition area to only authorized vehicles and
personnel;
(iii) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off-property transport; and
(iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator
buckets slowly, and minimize drop height of materials to the lowest height possible, including
screening operations.
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(b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off-
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Wet suppression: apply water to demolished materials or pre-wet materials to be
demolished as necessary. Prevent water used for dust control from entering any public right-of-
way, storm drainage facility, or watercourse.
(ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be
demolished using manufacturer’s recommended application rates. Avoid over-application and
prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or
watercourse. Asphalt-based products or any product containing cationic polyacrylamide or
products deemed environmentally incompatible with Code §26-498, or defined as a pollutant
per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the
state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or
gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible,
and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization.
(iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust
generating materials from blowing offsite.
(c) Additional requirements:
(i) Building permit compliance: comply with all conditions and requirements under any building
required pursuant to the Code and/or the Land Use Code.
Above: This photo illustrates reducing drop height, a required best
management practice.
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3.3 Stockpiles
Above: This photo illustrates wet suppression, an additional best management practice for stockpiles.
Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate,
woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials.
Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind
blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture
content and particle size of the pile material, surface roughness of the pile, and frequency of pile
disturbance.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating
activity or source shall implement the following best management practices to prevent off property
transport of fugitive dust emissions:
(i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator
buckets slowly, and minimize drop height of materials to the lowest height possible, including
screening operations.
(b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off-property
transport, the person, owner, or operator shall use at least one of the following best management
practices:
(i) Wet suppression: Apply water to the active face when working the pile or to the entire pile
during periods of inactivity. Prevent water used for dust control from entering any public right-
of-way, storm drainage facility, or watercourse.
(ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the
cover.
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(iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation
cannot be immediately established.
(iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from
property boundaries that abut residential areas.
(v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more.
(vi) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended
application rates. Avoid over-application and prevent runoff of chemical stabilizers into any
public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any
product containing cationic polyacrylamide or products deemed environmentally incompatible
with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the
U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical
stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer
emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and
humans may be used for chemical stabilization.
(vii) Enclosure: construct a three-sided structure equal to or greater than the height of the pile
to shelter the pile from the predominant winds.
(c) Additional requirements:
(i) Stockpile permit compliance: comply with all conditions and requirements under any
stockpile permit required under the Code or the Land Use Code.
(ii) Erosion control plan compliance: implement and comply with all conditions and
requirements in Section §26-500 “Fort Collins Storm Criteria”; specifically, Volume 3 Chapter 7
“Construction BMPs”. The criteria requirement may require the use of Erosion Control
Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt
fence and other control measures as contained in that chapter.
Left: This
picture
illustrates
one of the
additional
best
management
practices for
stockpiles –
to use a
synthetic
cover.
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3.4 Street Sweeping
Left: This figure illustrates the use
of a wet suppression and vacuum
system, an additional best
management practice for street
sweeping.
Street sweeping is an effective method for removing dirt and debris from streets and preventing it from
entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with
water spray can also be effective at removing particulate matter from hard surfaces.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or
services on paved or concrete roads, parking lots, rights-of-way, pedestrian ways, plazas or other solid
surfaces, and whose operations are a dust generating activity or source shall implement the following
best management practices to prevent off-property transport of fugitive dust emissions:
(i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other
mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public
road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or
other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs
between lifts of asphalt paving operations or due to preparation for pavement markings are
excluded from this prohibition, due to engineering requirements associated with these
operations.
(b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off-property
transport, the person, owner, or operator shall use at least one of the following best management
practices:
(i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or
use equipment with water spray system while operating sweeper or power broom. Prevent
water used for dust control from entering any storm drainage facility or watercourse.
(ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and
filtration system.
(iii) Other method: use any other method to control dust emissions that has a demonstrated
particulate matter control efficiency of 80 percent or more.
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3.5 Track-out / Carry-out
Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are
additional best management practices associated with track-out/carry-out.
Mud, dirt, and other debris can be carried from a site on equipment’s wheels or undercarriage onto
public roads. When this material dries, it can become airborne by wind activity or when other vehicles
travel on it. This is a health concern and can cause visibility issues and safety hazards.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of any operation that has the
potential to result in track-out of dirt, dust, or debris on public roads and rights-of-way and whose
operation is a dust generating activity or source shall implement the following best management
practices to prevent off-property transport of fugitive dust emissions:
(i) Contracts and standards: comply with track-out prevention requirements and construction
best management practices as set forth in the Code, City regulations, or policies and as
specified in applicable contract documents or Fort Collins Stormwater Criteria Manual.
(ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights-
of-way as a result of the owner’s or operator’s operations. Avoid over-watering and prevent
runoff into any storm drainage facility or watercourse.
(b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off-
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Install rails, pipes, grate, or similar track-out control device.
(ii) Install a gravel bed track-out apron that extends at least 50 feet from the intersection with a
public road or right-of-way.
(iii) Install gravel bed track-out apron with steel cattle guard or concrete wash rack.
(iv) Install and utilize on-site vehicle and equipment washing station.
(v) Install a paved surface that extends at least 100 feet from the intersection with a public road
or right-of-way.
(vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and
undercarriage.
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3.6 Bulk Materials Transport
Above: This figure illustrates covered loads, a required best management practice for bulk materials
transport.
Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from
construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if
uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians,
bicyclists, or other vehicles.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of a dust generating activity or source
for which vehicles used for transporting bulk materials to and from a site within the City on a public or
private road or on a public right-of-way shall prevent off-vehicle transport of fugitive dust emissions. To
prevent off-vehicle transport of fugitive dust to and from the site, the owner or operator shall
implement the following measures:
(i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that
prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the
vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or
other impermeable material.
(ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator
buckets slowly, and minimize drop height of materials to the lowest height possible, including
screening operations.
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(b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off-
vehicle transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent
fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust
control from entering any public right-of-way, storm drainage facility, or watercourse.
(ii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended
application rates. Avoid over-application and prevent runoff of chemical stabilizers into any
public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any
product containing cationic polyacrylamide or products deemed environmentally incompatible
with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the
U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical
stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer
emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and
humans may be used for chemical stabilization.
(iii) Other technology: use other equivalent technology that effectively eliminates off-vehicle
transport, such as limiting the load size to provide at least three inches of freeboard to prevent
spillage.
Above: This figure illustrates minimizing drop heights, a required best management practice for bulk
materials transport.
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3.7 Unpaved Roads and Haul Roads
Above: This figure illustrates surface improvements on an unpaved road, an additional best management
practice.
Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling
on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and
lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of an unpaved road located on a
construction site greater than five acres on private property or an unpaved road used as a public right-
of-way shall implement the following best management practices to prevent off-property transport of
fugitive dust emissions:
(i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to
reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles.
(ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle
use.
(b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off-
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Wet suppression: apply water to unpaved road surface as necessary and appropriate
considering current weather conditions, and prevent water used for dust control from entering
any public right-of-way, storm drainage facility, or watercourse.
(ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust
or pave high traffic areas.
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(iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using
manufacturer’s recommended application rates. Avoid over-application and prevent runoff of
chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse.
Asphalt-based products or any product containing cationic polyacrylamide or products deemed
environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491,
or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado
may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay
additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and
harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization.
(iv) Access road location: locate site access roads away from residential or other populated
areas.
Above: This figure illustrates wet suppression, an additional best management practice for
unpaved and haul roads.
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3.8 Parking Lots
Above: This figure illustrates an unpaved parking lot in Fort Collins.
This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis
and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and
animal staging areas.
Best Management Practices to Control Dust- Unpaved Parking Lots
(a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater
than one-half acre shall use at least one of the following best management practices to prevent off-
property transport of fugitive dust emissions
(i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust
or pave high traffic areas.
(ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break.
(iii) Wet suppression: apply water as necessary and appropriate considering current weather
conditions to prevent off-property transport of fugitive dust emissions. Prevent water used for
dust control from entering any public right-of-way, storm drainage facility, or watercourse.
(iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using
manufacturer’s recommended application rates. Avoid over-application and prevent runoff of
chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse.
Asphalt-based products or any product containing cationic polyacrylamide or products deemed
environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491,
or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado
may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay
additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and
harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization.
(v) Wind barrier: construct a fence or other type of wind barrier.
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(vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to
reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles.
(vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and
limit access to hours of operation or specific events.
Best Management Practices to Control Dust- Paved Parking Lots
(a) Required Best Management Practices: An owner or operator of a paved parking lot greater than
one-half acre and shall use at least one of the following best management practices to prevent off-
property transport of fugitive dust emissions.
(i) Maintenance: repair potholes and cracks and maintain surface improvements.
(ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary
to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public
right-of-way, storm drainage facility, or watercourse.
(iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to
reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles.
(iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and
limit access to hours of operation or specific events.
Above: This photo represents improving the surface of a parking area, which is one measure to
comply with the Manual.
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3.9 Open Areas and Vacant Lots
Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust.
Open areas are typically not a significant source of wind-blown dust emissions if the coverage of
vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle
traffic, off-highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie
dogs, dust emissions can become a problem.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of an open area greater than one-half
acre shall use at least one of the following best management practices to stabilize disturbed or exposed
soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off-
property transport of fugitive dust emissions:
(i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break.
(ii) Synthetic or natural cover: install cover materials over exposed areas during periods of
inactivity and properly anchor the cover.
(iii) Surface roughening: stabilize an exposed area during periods of inactivity or when
vegetation cannot be immediately established.
(iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more
than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other
methods.
(v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate
considering current weather to prevent off-property transport of fugitive dust emissions.
Prevent water used for dust control from entering any public right-of-way, storm drainage
facility, or watercourse.
(vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top
soils.
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(vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended
application rates. Avoid over-application and prevent runoff of chemical stabilizers into any
public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any
product containing cationic polyacrylamide or products deemed environmentally incompatible
with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the
U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical
stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer
emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and
humans may be used for chemical stabilization.
Above: This photo represents adding vegetation by hydroseeding, which is one measure
to comply with the Manual.
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3.10 Saw Cutting and Grinding
Above: This photo illustrates concrete cutting and how the activity can generate dust.
Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term
source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica
can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and
lung cancer. Using additional best management practices during cutting and grinding operations can
significantly reduce dust emissions.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt,
concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating
activity or source shall use the following best management practices to prevent off-property transport
of fugitive dust emissions:
(i) Restrict access: prevent the public from entering the area where dust emissions occur.
(ii) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off-property transport.
(iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA
filtration for equipment and work area clean up and do not cause dust to become airborne
during clean up.
(iv) Slurry clean up: prevent water used for dust control or clean up from entering any public
right-of-way, storm drainage facility, or watercourse by using containment, vacuuming,
absorption, or other method to remove the slurry, and dispose of slurry and containment
materials properly. Follow additional procedures prescribed in the City’s Fort Collins Stormwater
Criteria Manual or contract documents and specifications.
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(b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off-
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) On-tool local exhaust ventilation: use a tool-mounted dust capture and collection system.
(ii) On-tool wet suppression: use a tool-mounted water application system.
(iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or
grinding operations.
(iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding
operations.
(v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or
temporary tenting over the work area.
Above: These photos illustrate how dust generated from cutting can be minimized by applying on-tool
wet suppression, an additional best management practice associated with saw cutting and grinding.
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3.11 Abrasive Blasting
Above: This photo illustrates abrasive blasting without dust mitigation in place.
Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt,
grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or
metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a
significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can
become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface
being blasted.*
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor
abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and
whose operations are a dust generating activity or source shall implement the following best
management practices to prevent off-property transport of fugitive dust emissions:
(i) Restrict access: prevent the public from entering the area where dust emissions occur.
(ii) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off-property transport.
(iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA
filtration for equipment and work area clean up and do not cause dust to become airborne
during clean up.
(iv) Slurry clean up: prevent water used for dust control or clean up from entering any public
right-of-way, storm drainage facility, or watercourse by using containment, vacuuming,
absorption, or other method to remove the slurry, and dispose of slurry and containment
materials properly.
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(b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off-
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or
temporary tenting over the work area.
(ii) Wet suppression blasting: use one of several available methods that mix water with the
abrasive media or air during blasting operations.
(iii) Vacuum blasting: conduct air-based blasting that uses a nozzle attachment with negative air
pressure to capture dust.
(iv) Abrasive media: select less toxic, lower dust-generating blasting media.
* Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials may be subject
to additional state and federal requirements.
Above: This photo illustrates wet suppression blasting, an additional best management practice.
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3.12 Mechanical Blowing
Above: This photo illustrates mechanical blowing without dust mitigation in place.
Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other
landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf
blower can be a significant source of fugitive dust in some situations and can create nuisance conditions
and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that
contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing
allergic reactions, asthma attacks and exacerbating other respiratory illnesses.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical
leaf blower (gas, electric, or battery-powered) in a manner that is a dust generating activity or source
shall use the following best management practices as necessary to prevent off-property transport of
fugitive dust emissions
(i) Low speed: use the lowest speed appropriate for the task and equipment.
(ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as
possible.
(iii) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off-property transport.
(b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off-
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Alternative method: use an alternative such as a rake, broom, shovel, manually push
sweeper or a vacuum machine equipped with a filtration system.
(ii) Prevent impact: do not blow dust and debris off-property or in close proximity to people,
animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm
drainage facility, or watercourse.
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(iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road
shoulders, or loose dirt.
(iv) Wet suppression: use a light spray of water, as necessary and appropriate considering
current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from
entering any storm drainage facility, or watercourse.
(v) Remove debris: remove and properly dispose of blown material immediately.
Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust
generation.
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4.0 Dust Control Plan for Land Development Greater Than Five Acres
A dust control plan is required for all development projects or construction sites with a total disturbed
surface area equal to or greater than five (5) acres. If the project is required to obtain a development
construction permit, then the dust control plan shall be submitted with the development review
application or the development construction permit application. A copy of the dust control plan shall be
available onsite at all times for compliance and inspection purposes.
For dust control plans associated with a Development Construction Permit (DCP), applications for the
DCP are available online at www.fcgov.com/developmentreview/applications.php. The dust control plan
may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other
equivalent format and shall include the following information:
x Project name and location.
x Name and contact information of property owner.
x Project start and completion dates.
x Name and contact information of the developer, general contractor, and each contractor or
operator that will be engaged in an earthmoving activity.
x Total size of the development project or construction site in acres.
x A description of the project phasing or sequencing of the project to minimize the amount of
disturbed surface area at any one time during the project.
x A list of each dust generating activity or source associated with the project.
x A list of each best management practice and engineering control that will be implemented for
each dust generating activity or source.
x A list of additional best management practices that will be implemented if initial controls are
ineffective.
x A signed statement from the property owner, developer, general contractor, and each
contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust
Control Plan and an understanding of and ability to comply with the best management practices
in the plan.
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DUST CONTROL PLAN
PROJECT INFORMATION
Project Name
Project Location
Start and Completion Dates
Total Size of Project Site (acres)
Maximum disturbed surface area at
any one time (acres)
Property Owner
name, address, phone, e-mail
Developer
name, address, phone, e-mail
General Contractor
name, address, phone, e-mail
Subcontractor or Operator
of a dust generating activity or source
name, address, phone, e-mail
Subcontractor or Operator
of a dust generating activity or source
name, address, phone, e-mail
Subcontractor or Operator
of a dust generating activity or source
name, address, phone, e-mail
PROJECT PHASING OR SEQUENCING
Provide a description of how this project will be phased or sequenced to minimize the disturbed surface
area. Attach phasing plan or map if available.
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DUST CONTROL PLAN CERTIFICATION
I certify the information and attachments contained in this Dust Control Plan are true and correct to the
best of my knowledge and that I and the project's subcontractors have received a copy of this Dust
Control Plan and acknowledge my understanding of and ability to comply with best management
practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property
for the purpose of inspection of any dust generating activity or source for which I am the responsible
person, owner, or operator.
Name: ________________________________________________________________________________
Title: ___________________________________ Role on project: ________________________________
Address: ________________________________________________ Phone:
__________________________
Signature: ___________________________________________________ Date: ____________________
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
List of Subcontractors:
Title: ___________________________________ Role on project: ________________________________
Title: ____________________________________ Role on project: ________________________________
Title: ___________________________________ Role on project: ________________________________
Title: ____________________________________Role on project: ________________________________
Title: ____________________________________Role on project: ________________________________
Title: ___________________________________ Role on project: ________________________________
Title: ___________________________________ Role on project: ________________________________
Title: ___________________________________ Role on project: ________________________________
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Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust
generating activity. Please refer to the Dust Prevention and Control Manual for requirements.
Dust Generating Activity Ö
/Best Management Practice Ø
Earthmoving
Demolition/
Renovation
Stockpile
Street Sweeping
Track-out /Carry-
out
Bulk Materials
Transport
Unpaved Roads
and Haul Roads
Parking Lot
Open Area
Saw Cutting or
Grinding
Abrasive Blasting
Leaf Blowing
.
Abrasive media
Asbestos or lead materials
Building permit
Chemical stabilization
Construction sequencing
Drop height
Enclosure
Equipment &work area clean up
Erosion Control plan
High winds restriction
Load cover
Leaf blowing techniques
Location
Minimize disturbed area
On-tool local exhaust ventilation
On-tool wet suppression
Other method
Reduce vehicle speeds
Remove deposition
Restrict access
Slurry clean up
Soil retention
Stockpile permit
Surface improvements
Surface roughening
Sweeping
Synthetic or natural cover
Track-out prevention system
Uncontrolled sweeping prohibited
Vacuum
Vegetation
Wet suppression
Wind barrier
Describe any additional dust generating activities and best management practices that will be used:
DRAFT Dust Prevention and Control Manual
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5.0 Resources
5.1 Cross Reference to Codes, Standards, Regulations, and Policies
Earthmoving Activities
Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and
Parking.
Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection
During Construction.
Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality.
Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1
Building demolitions.
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of
emergency.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and
Submittal Requirements, §1.3.3.e.5.
Fort Collins Stormwater Criteria Manual – Fact Sheet SM-1 Construction Phasing/Sequencing and Fact
Sheet EC-1 Surface Roughening.
Larimer County Land Use Code §8.11.4. Fugitive dust during construction.
State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b
Construction Activities.
OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts,
and mists.
Demolition and Renovation
Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1
Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1
Building demolitions.
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Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous
Air Pollutants, 5 CCR 1001-10.
Stockpiles
Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits
§2.6.2.
Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review
Procedures.
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and
Submittal Requirements, §1.3.3.e.7.
Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management.
State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and
Handling of Materials.
Street Sweeping
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming.
Track-out/Carry-out
Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited.
Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street).
Fort Collins City Code: Chapter 20 – Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec.
20-62. Depositing on streets prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
DRAFT Dust Prevention and Control Manual
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Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and
Submittal Requirements, §1.3.3.e.8.
Fort Collins Stormwater Criteria Manual – Fact Sheet SM-4 Vehicle Tracking Control.
Fort Collins Stormwater Criteria Manual – Fact Sheet SM-7 Street Sweeping and Vacuuming.
State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B)
General Requirements.
Bulk Materials Transport
Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited.
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks.
Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited.
Unpaved Roads and Haul Roads
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways
and §III.D.2.e Haul Roads.
Parking Lots
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
Open Areas and Vacant Lots
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
Saw Cutting and Grinding
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
DRAFT Dust Prevention and Control Manual
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Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
Fort Collins Stormwater Criteria Manual – Fact Sheet SM-12 Paving and Grinding Operations.
Colorado Department of Transportation Standard Specifications for Road and Bridge Construction,
Section 208.04 Best Management Practices for Stormwater.
Abrasive Blasting
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
Mechanical (Leaf) Blowing
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control.
5.2 City of Fort Collins Manuals and Policies
Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and-
developers/development-forms-guidelines-regulations/stormwater-criteria
City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011,
Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf
City of Fort Collins Building Design and Construction Standards, Oct. 2013
http://www.fcgov.com/opserv/pdf/building-design-standards2.pdf?1390850442
City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed
for Fort Collins, Colorado.
City of Fort Collins Plant List, April 2011.
5.3 References for Dust Control
Leaf Blowing
A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf
Blowers, California Environmental Protection Agency – Air Resources Board, Feb. 2000.
http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf
Abrasive Blasting
Sandblasting and Other Air-based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011.
Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet.
DRAFT Dust Prevention and Control Manual
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California Air Resources Board, Abrasive Blasting Program.
http://www.arb.ca.gov/ba/certabr/certabr.htm
Saw Cutting
OSHA Fact Sheet on Crystalline Silica Exposure
https://www.osha.gov/OshDoc/data_General_Facts/crystalline-factsheet.pdf
State of New Jersey – Dry Cutting and Grinding Fact Sheet
http://www.state.nj.us/health/surv/documents/dry_cutting.pdf
Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction
http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html
Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and
Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html
Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M,
Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter
exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene,
2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/21058155
HSE, On-Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry – A Review.
Health and Safety Executive, RR926, 2012, Derbyshire, U.K.
http://www.hse.gov.uk/research/rrpdf/rr926.pdf
Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust
Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association
Journal, 2002 63:458–467
http://deohs.washington.edu/sites/default/files/images/general/CroteauThesis.pdf
Unpaved Roads, Parking Lots, and Open Areas
Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025946.pdf
CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable
Municipal Infrastructure, Canadian Public Works Association.
Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS
Assistant Staff Forester, July 2011.
Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western
Transportation Institute, March 2009.
Chemical Stabilizers
Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental
Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpa1.pdf
DRAFT Dust Prevention and Control Manual
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Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207-
SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and
Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html
Techniques for Fugitive Dust Control – Chemical Suppressants, City of Albuquerque NM, website last
accessed on Oct. 25, 2014.
http://www.cabq.gov/airquality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust-
control
USDA BioPreferred Catalog: Dust Suppressants
http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml
USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant
Chemicals on Roadside Plant and Animal Communities,
http://www.cerc.usgs.gov/Projects.aspx?ProjectId=77
Street Sweeping
U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management
Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fs16.asp
Agriculture and Livestock
Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General
Land Management, USDA-NRCS, Oct. 2012.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1049502.pdf
Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025821.pdf
Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1251402.pdf
Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025927.pdf
Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls
of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference.
http://caaqes.tamu.edu/Publication-Particulate%20Matter.html
Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the
proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008.
http://www.extension.org/pages/23966/water-requirements-for-dust-control-on-feedlots
California Air Pollution Control Officers Association Agriculture Clearinghouse
http://www.capcoa.org/ag-clearinghouse/
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U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide
to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007.
http://www.cdsn.org/images/FugitiveDustGuide_v7_201_.pdf
Demolition and Renovation
CDPHE, Demolition and Asbestos Abatement forms and information
https://www.colorado.gov/pacific/cdphe/asbestos-forms
Earthmoving Activities
CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014
https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf
Working With Dirt When the Wind Blows
http://www.gradingandexcavation.com/GX/Articles/Working_With_Dirt_When_the_Wind_Blows_5455
.aspx
EPA – Stormwater Best Management Practices: Dust Control
http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm
EPA – Stormwater Best Management Practices: Wind Fences and Sand Fences
http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm
EPA – Stormwater Best Management Practices: Construction Sequencing
http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing.cfm
EPA – Stormwater Best Management Practices: Construction Entrances
http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm
An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health
and Environment – Air Pollution Control Division.
https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf
Health Effects of Particulate Matter
U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter.
EPA/600/R-08/139F Dec. 2009.
http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download
World Health Organization, Health Effects of Particulate Matter - Policy. 2013
http://www.euro.who.int/__data/assets/pdf_file/0006/189051/Health-effects-of-particulate-matter-
final-Eng.pdf
Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/
General
Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013.
http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310-Dust%20Handbook.pdf
DRAFT Dust Prevention and Control Manual
Do not cite or quote – Legal Review Pending Page 41
Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007.
http://www.arb.ca.gov/pm/fugitivedust_large.pdf
WRAP Fugitive Dust Handbook, Western Governors’ Association. Sept. 2006.
Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate
Matter Generation, Michigan Department of Environmental Quality. March 2014.
Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust
http://cogcc.state.co.us/
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ORDINANCE NO. 045, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS LAND USE CODE BY THE ADDITION OF
PROVISIONS PERTAINING TO DUST PREVENTION AND CONTROL
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, since the time of adoption, the Land Use Code has been regularly amended
not only for the purpose of clarification and correction of errors, but also for the purpose of
ensuring that the Land Use Code remains a dynamic document capable of responding to issues
identified by staff, other land use professionals and citizens of the City; and
WHEREAS, on February 15, 2011, the City Council approved Resolution 2011-015
adopting the City Plan, including the Environmental Health Vision that sets forth an aspirational
goal of continuous improvements in air quality; and
WHEREAS, City Plan also contains numerous policies supporting air quality, including
Policy ENV 8.6 which directs staff to promote prevention of air pollution at its source as the
highest priority approach in reducing air pollution emissions; and
WHEREAS, in furtherance of the Air Quality Advisory Board’s 2015 Work Program,
which identifies regulation of fugitive dust as a priority air quality initiative, City staff has
proposed amendment of Chapter 12 of the Fort Collins City Code to protect air quality by
adopting dust control and prevention standards set forth in the “Dust Prevention and Control
Manual”; and
WHEREAS, in addition to amendment of the City Code, City staff has proposed Land
Use Code changes to align with such City Code amendments adopting the Dust Prevention and
Control Manual; and
WHEREAS, City staff has vetted these proposed changes through a Fugitive Dust
Working Group composed of contractors, interested stakeholders, and City staff, as well as
through numerous public events and a project website; and
WHEREAS, the Planning and Zoning Board reviewed the proposed Land Use Code
changes regarding fugitive dust at its November 12, 2015, meeting and voted to recommend to
the City Council that they be adopted; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2.6.3(H) of the Land Use Code is hereby amended to read as
follows:
. . .
2.6.3 Stockpiling Permit and Development Construction Permit Review
Procedures
. . .
(H) Step 8 (Standards – Stockpiling Permit): Not applicable, and in
substitution therefor, an application for a Stockpiling Permit shall be
reviewed for compliance with the City Code and all regulations related to
such permit adopted by the city by reference or otherwise, as amended,
including, without limitation, the erosion control standards as contained in
the Stormwater Design Criteria and Construction Standards Manual
stormwater criteria manual and the dust control measures contained in the
dust control manual to the extent required therein.
Step 8 (Standards – Development Construction Permit): Not applicable,
and in substitution therefor, an application for a Development
Construction Permit shall be reviewed for compliance with the Site
Specific Development Plan, the City Code and all regulations related to
such permit adopted by the city by reference or otherwise as amended,
including, without limitation, the erosion control standards as contained in
the stormwater criterial manual and the dust control measures contained in
the dust control manual to the extent required therein.
. . .
Section 3. That Section 2.7.3(G) and 2.7.3(H) of the Land Use Code is hereby
amended to read as follows:
2.7.3 Building Permit Review Procedures
. . .
(G) Step 7 (Public Hearing): Not applicable, and in substitution therefor, an
application for a Building Permit shall be processed, reviewed, considered
and approved, approved with modifications, or denied by the Building and
Zoning Director based on its compliance with the site specific
development plan, the City Code and all building regulations related to
such permit adopted by the city by reference or otherwise, as amended.
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(H) Step 8 (Standards): Not applicable, and in substitution therefor, an
application for a Building Permit shall be reviewed for compliance with
the site specific development plan, the City Code and all building
regulations related to such permit adopted by the city by reference or
otherwise, as amended; and if the Building Permit is for the enlargement
of a building and/or for the expansion of facilities, equipment or structures
regulated under the provisions of Division 1.6, such application shall also
comply with Division 1.6.
. . .
Section 4. That Section 3.4.2(A) of the Land Use Code is hereby amended to read as
follows:
3.4.2 Air Quality
(A) General Standard. The project shall conform to all applicable local, state and
federal air quality regulations and standards, including, but not limited to, those
regulating odor, dust, fumes or gases which are noxious, toxic or corrosive, and
suspended solid or liquid particles. The project shall be designed and constructed
to comply with the dust control measures contained in the dust control manual to
the extent required therein.
. . .
Section 5. That the definition “Fugitive Dust” contained in Section 5.1.2 of the Land
Use Code is hereby deleted in its entirety as follows:
Fugitive dust shall mean solid airborne particulate matter emitted from any source other
than an opening which channels the flow of air contaminants and then exhausts the
contaminants directly into the atmosphere. Fugitive dust also includes solid particles
released into the atmosphere by natural forces or by mechanical processes, such as
crushing, grinding, milling, drilling, demolishing, pulverizing, shoveling, conveying,
covering, bagging or sweeping.
Section 6. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of the following definitions, to be inserted in the listing set forth therein in alphabetical
order;
Dust control manual shall mean the dust control and prevention standards enacted to
protect air quality adopted under the Chapter 12 of the Fort Collins City Code.
Stormwater criteria manual shall mean the standards for design, planning, and
implementation of practices and improvements to manage stormwater adopted under
Chapter 26 of the Fort Collins City Code.
Section 7. That the standards set forth herein shall be effective for applications on or
after November 1, 2016.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of April, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
fugitive dust.
including, but not limited to, a contractor,
lessee, or other responsible party of an activity,
operation, or land use that is a dust generating
activity or source.
Particulate matter shall mean any material
that is emitted into the air as finely divided solid
or liquid particles, other than uncombined
water, and includes dust, smoke, soot, fumes,
aerosols and mists.
Required best management practices shall
mean specific measures that are required to be
implemented if a dust generating activity is
occurring.
Sensitive area shall mean a specific area that
warrants special protection from adverse
impacts due to the deposition of fugitive dust,
such as natural areas (excluding buffer zones),
sources of water supply, wetlands, critical
wildlife habitat, or wild and scenic river
corridors.
Soil retention shall mean the stabilization of
disturbed surface areas that will remain
that creates emissions of fugitive dust or causes
off-property or off-vehicle transport. Dust
generating activity or source shall include a
paved parking lot containing an area of more
than one half (1/2) acre.
Earthmoving shall mean any process that
involves land clearing, disturbing soil surfaces,
or moving, loading, or handling of earth, dirt,
soil, sand, aggregate, or similar materials.
Fugitive dust shall mean solid particulate
matter emitted into the air by mechanical
negative,
impact
likely
Very
negative,
impact
expected
Proposal supports the policy to continually improve air quality
Proposal supports the policy to strive to protect human health
Proposal supports water quality and stormwater management
requirements
Proposal does not support water conservation policy
Fast-growing cover crops used for re-seeding may be very water
intensive.
provide training and support in preparation for implementation.
Staff will develop a Public Engagement Plan to provide clear messaging
about the ordinance and that compliance will not always result in zero dust
being transported off site.
If the ordinance passes, staff will actively engage with the public and
conduct outreach to reach a range of demographics.
cleanup this is estimated to be 0.2% of total project
cost
Vacuum
System
Deposition
Removal
N/A $2,500
Removing deposition left on the site and in the street
will be removed by Vacuum system water.
Project
Total: $600,000 Mitigation Total: $6,090 $7080-$8580
Required: 1.0% of Project Total
Additional: 1.2% - 1.4% of Project Total
($40)
Site/Street
Cleanup
Track-
out/Carry-
out
Deposition Removal $700 N/A
Manually removing deposition left on the site and in the street
will be removed by push broom and water. Depending on the
size of the site and frequency of cleanup this is estimated to be
0.2% of total project cost
Project
Total: $365,090 Mitigation Total: $6,090 $4580-$6080
Required BMPs: 1.7% of Project Total
Additional BMPs: 1.3% - 1.7% of Project Total
control
5. Horsetooth and
Timberline
Intersection
$32,420 $3,320 $35,740 $3,304,501 1.1%
(1.0%
required)
Actual costs
6. 222 Laporte City
Building
$40,000 $10,000 $50,000 $10,000,000 0.5%
(0.4%
required)
Actual costs
ATTACHMENT 2
required)
Actual costs
6. 222 Laporte City
Building
$40,000 $10,000 $50,000 $10,000,000 0.5%
(0.4%
required)
Actual costs
3. Tracking of dust complaints
To begin to track the overall number and type of complaints associated with dust generating activities, staff has
developed a tracking spreadsheet that is available on a SharePoint site, where all City staff can access, enter,
and track complaints. Two complaints in 2016 have been entered thus far. The spreadsheet has been shared
with the Air Quality Advisory Board and Fugitive Dust Working Group and amended based on their feedback.
4. The Hybrid Approach to Preventing, Minimizing, and Controlling Dust
Based on feedback from Council, staff has developed the following hybrid approach for preventing, minimizing,
and controlling fugitive dust:
1. All projects must cover loads of aggregate material (Section 3.6 of the Manual) and implement the
required saw cutting and grinding best management practices (Section 3.10 of the Manual).
2. All projects must comply with the provisions outlined in the Dust Control Manual, except that
residential projects under 10,000 square feet (measured by lot size) are exempt from this requirement
(though they are still required to prevent and control dust, but they do not have to use the best
management practices outlined in the Manual).
o There are two exceptions to this rule:
First, if a builder is constructing multiple lots that are contiguous to each other, and the
total area of these contiguous lots exceeds 10,000 square feet, then the Manual
applies.
Second, if a builder or operator receives two written warnings within a one year period,
then the builder or operator has to utilize the Dust Control Manual to address fugitive
dust on their site.
3. Staff is proposing that enforcement of these regulations be delayed until November 1, 2016, in order to
allow for training and outreach to occur prior to enforcement.
These requirements are further described below: