HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2016 - POSTPONEMENT OF ITEMS RELATING TO DUST PREVENTIONAgenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY April 19, 2016
City Council
STAFF
Lindsay Ex, Environmental Program Manager
Lucinda Smith, Environmental Sustainability Director
Jackie Kozak-Thiel, Chief Sustainabillity Officer
SUBJECT
Postponement of Items Relating to Dust Prevention and Control to May 3, 2016.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins
Related to Particulate Matter Emissions.
B. Second Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition
of Provisions Pertaining to Dust Prevention and Control.
Staff is requesting postponement of Second Reading of these Ordinances to May 3, 2016. During First
Reading of the Ordinances on April 5, in addition to unanimously adopting the proposals based on revised
language, Council also requested additional data and analyses to develop the right size threshold for when the
Dust Control Manual should apply to dust generating activities. This postponement allows staff the necessary
time to gather the requested data, conduct the analyses, and provide Council with a recommendation for a
revised threshold.
STAFF RECOMMENDATION
Staff recommends postponement of Second Reading of these Ordinances to May 3, 2016.
ATTACHMENTS
1. First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (PDF)
2. Ordinance No. 044, 2016 (PDF)
3. Ordinance No. 045, 2016 (PDF)
Agenda 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.
ATTACHMENT 1
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)
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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.
-2-
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.
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.
-3-
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.
Small scale source shall mean a dust generating activity or source occurring on real
property within the City that consists of a single lot or parcel with a total disturbed area
of not more than five (5) acres.
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.
-5-
Sec. 12-160 Limitations on violations and penalties small scale source.
No owner or operator of a small scale 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
-6-
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
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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:
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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.
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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.
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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.
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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
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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/
DRAFT Dust Prevention and Control Manual
Do not cite or quote – Legal Review Pending Page 40
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 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 regulations related to such permit
adopted by the city by reference or otherwise, as amended.
(H) Step 8 (Standards): Not applicable, and in substitution therefor, an
application for a Building Permit shall be reviewed for compliance with
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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; 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:
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
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: