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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2016 - ITEMS RELATING TO DUST PREVENTION AND CONTROLAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 3, 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. Second Reading of Ordinance No. 044, 2016, Amending Chapter 12, Article X of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. Second Reading of Ordinance No. 045, 2016, Amending the Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. These Ordinances, unanimously adopted on First Reading on April 5, 2016, implement regulations and a set of consistent best practices (Dust Control Manual) for (twelve) specific activities that generate dust to follow, in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during First Reading, staff has revised Ordinance No. 044, 2016, to reflect a higher lot size exemption of 5 acres (from 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. Staff continues to recommend lot size (as opposed to disturbed area) to measure the 5-acre threshold, as lot size is a recorded number that can be verified, tracked, and enforced. In addition to the increase in the size threshold, staff has also amended the checklist in the Manual and included associated language in the Ordinance. Staff has also removed references to chemical stabilization and cover within the Manual. Finally, if adopted, staff will continue to track the implementation of the Ordinances and reevaluate the adopted threshold one year from when enforcement officially begins (November 1, 2017). STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. BACKGROUND / DISCUSSION On April 5, 2016, City Council unanimously adopted the proposed Ordinances on First Reading with several amendments: 1. Increase the size threshold for when the Manual applies to 5 acres (from 10,000 square feet) while directing staff to conduct additional analyses around this threshold; 2. Assess whether disturbed area can be incorporated into the threshold in a way that can be both tracked and enforced. 3. Either create a user-friendly checklist or amend the one in the Manual to provide a checklist to all contractors at time of building permit (regardless of size) Agenda Item 15 Item # 15 Page 2 4. Remove references to chemical stabilization and synthetic cover in the Manual. 5. Finally, if adopted on Second Reading, staff will continue to monitor this issue and reevaluate the adopted threshold in one year from “hard enforcement” beginning (November 1, 2017). Staff’s analysis and recommendation on each of these amendments are described below. 1. Increase the size threshold for when the Manual applies to 5 acres (from 10,000 square feet) while directing staff to conduct additional analyses around this threshold; Council discussion: Council expressed concern during First Reading that additional data needed to be collected and analyzed to determine the appropriate threshold for when the Manual applies. Council directed staff to compile the following data:  Building permit data: o Graph the building permits and illustrate the various size thresholds and the percentiles of building permits included/excluded o Assess how much area is included/excluded at the various thresholds o Determine if it makes a difference to set the threshold at a smaller size, e.g., 10,000 square feet, versus a larger size, e.g., 5 acres.  Complaint data: Compile the complaints received to categorize the size of the lots that have had issues to help inform the staff recommendation on a size threshold. Action Taken:  Of the 1554 building permits issued in 2015 (Attachment 2): o 825 (53%) were less than 10,000 square feet but only covered 4% of the area under development (121 acres out of 3,115 total acres). o 1,410 (91%) of permits were less than 5 acres but only covered 22% of the area under development (691 acres).  Of the 24 complaints staff compiled (including 6 from 2016), staff identified the following: o 3 of the 24 were on developments less than 5 acres in size (2 of these three were for developments less than 1 acre); o 15 of the 24 were over 5 acres o 6 of the 24 did not have size information included, and staff could not assess the project size based on the information provided. o Of the 6 complaints tracked using the detailed tracking system in 2016, 1 of the 6 sites were less than 5 acres. o Of the 24 complaints, there were 19 distinct sites (two sites have received two complaints each, one site has received three complaints). Staff recommendation: Based on this analysis, staff recommends retaining the threshold at 5 acres for Second Reading with the one year evaluation to assess if this is the right threshold based on the tracking system we’ve developed (see number 5 below). 2. Assess whether disturbed area can be incorporated into the threshold in a way that can be both tracked and enforced. Council discussion: During First Reading, Councilmembers expressed concern about basing the threshold of whether the Manual applies on lot size, as lot size could include areas that are not disturbed. Councilmembers directed staff to assess if disturbed area could be utilized as the defined threshold instead of lot size. Action Taken: The City does not track disturbed area for building permits, and based on discussions with the Chief Building Official, there is a concern about whether staff could accurately track these data. Staff also discussed using disturbed area with the Fugitive Dust Working Group, the Planning and Zoning Board, and the Agenda Item 15 Item # 15 Page 3 Air Quality Advisory Board during prior meetings, and all felt that lot size was a more tangible number upon which to evaluate this standard. Further, lot size is a recorded number that can be verified. Staff’s recommendation: Based on discussions with the Chief Building Official and numerous City staff, staff recommends retaining the lot size measurement for the 5 acre threshold. Staff believes measuring this threshold based on lot size is the best enforceable option without creating a new tracking system and creating undue burden on enforcement staff (addressing some Councilmembers concerns about making sure this is easy to enforce in the field). 3. Either create a user-friendly checklist or amend the one in the Manual to provide a checklist to all contractors at time of building permit (regardless of size) Council discussion: During First Reading, Councilmembers expressed appreciation for the worksheet included in the Manual and how it encouraged those involved in construction and development activities to consider how they will handle dust prevention and control upfront. Council directed staff to bring back a revised checklist that could be utilized for all building permits (regardless of the size threshold adopted by Council). Action Taken: Staff has amended the checklist included in the Manual (page 31, Attachment 3). Staff recommendation: There was some discussion during First Reading regarding inclusion of this checklist at the time of building permit as a requirement within the Ordinance, and staff would recommend information and educational materials regarding BMPs for dust control, including the checklist in the Manual, be developed and made available as a part of the implementation of the Ordinance. Staff has developed the following language to be included in the Ordinance in Second Reading: (e) Best Management Practices: Educational materials regarding best management practices for dust control shall be made available by the City to owners and operators of dust generating activities, including but not limited to, a checklist and other descriptive material as determined by the Director of Environmental Services. This language allows staff the flexibility to amend the checklist and provide additional materials to applicants (as well as those conducting dust generating activities that do not require a building permit, e.g., saw cutting, blasting, mechanical blowing, etc.) without having to return to Council. Remove references to chemical stabilization and synthetic cover in the Manual. Council discussion: During First Reading, Councilmembers expressed concerns regarding these two best management practices (BMPs) that were initially presented in the Manual and directed staff to remove these references from the Manual. Action Taken: Staff has removed all of these references in the Manual, and the updated version is included in your packet (Attachment 3). 4. If adopted on Second Reading, staff will continue to monitor this issue and reevaluate the adopted threshold in one year from “hard enforcement” beginning (November 1, 2017). Council discussion: During First Reading, Councilmembers suggested that, due to the uncertainty around what the right threshold is for this issue, revisiting this issue in one year would be important. It was also suggested that the one year evaluation should commence when “hard enforcement” (or when citations could be issued) begins, which would mean that staff would provide an evaluation to City Council on or around November 1, 2017. Staff recommendation: Staff will continue to track complaints received on this issue and will provide Council with an update one year from enforcement, which will include an evaluation of the size of projects upon which complaints were received and the overall effectiveness of the Ordinances’ implementation. A section to this effect has been added to the Ordinance. Agenda Item 15 Item # 15 Page 4 Changes made to the Manual since First Reading In addition to the changes identified above, staff has also made grammatical edits to the Manual between First and Second Reading. Staff has also removed all references to disturbed area from the Manual, as staff recommends using lot size as the threshold for when the Manual applies. A full redline version of the changes made to the Manual since First Reading is included within this packet (Attachment 3). A clean version of the Manual is provided as Exhibit A to Ordinance No. 044, 2016. BOARD/COMMISSION RECOMMENDATION At its April 7 meeting, the Planning and Zoning Board unanimously recommended Council adopt the Dust Prevention and Control Land Use Code changes as part of its Consent Agenda. ATTACHMENTS 1. First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (PDF) 2. 2015 Building Permit Analysis (PDF) 3. Dust Control Manual, Red-lined version (PDF) 4. Powerpoint presentation (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. 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The purpose of Chapter 12, 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, tThis 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 §12-150-(b)(3). Dust Prevention and Control Manual 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. 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. Dust control measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, Dust Prevention and Control Manual Page 3 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. 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 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 Forfor 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 Dust Prevention and Control Manual Page 4 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 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. Dust Prevention and Control Manual Page 5 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, Article X of the Code (§§12-150-12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. Dust Prevention and Control Manual Page 6 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. Dust Prevention and Control Manual Page 7 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 isare to reduce dust emissions from human activities and to prevent those emissions from impacting others and isare 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. The Dust Prevention and Control Checklist included on page __31 of this Manual provides a “quick guide” to dust control BMPs covered in the following sections of the Manual. Dust Prevention and Control Manual Page 8 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. Dust Prevention and Control Manual Page 9 (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 cCover: 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 arealot size 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 in sizeof disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Dust Prevention and Control Manual Page 10 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measurerequired best management practice) and a wind barrier (an engineering controladditional best management practice) 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 2012 International Building Code (IBC), as adopted by the Code Sec. 5-26 and amended by Code Chapter 5 Sec. 5- 27 (59) (amending IBC §3602.1.1) and all other state and local regulations; (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. Dust Prevention and Control Manual Page 11 (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. Dust Prevention and Control Manual Page 12 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 cCover: install cover materials during periods of inactivity and anchor the cover. Dust Prevention and Control Manual Page 13 (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 of the “Fort Collins Stormwater Criteria Manual, as adopted in Code Sec.tion §26- 500 “Fort Collins Storm Criteria”; specifically, Volume 3 Chapter 7 “Construction BMPs”. The Stormwater cCriteria Manual 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. Dust Prevention and Control Manual Page 14 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. Dust Prevention and Control Manual Page 15 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 theequipment’s wheels or undercarriage of equipment and vehicles 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 mud, 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, orand as set forth in the 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. Dust Prevention and Control Manual Page 16 (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. 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 tofor 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 load and unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Dust Prevention and Control Manual Page 17 (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. Dust Prevention and Control Manual Page 18 3.7 Unpaved Roads and Haul Roads LeftAbove: 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. (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of Dust Prevention and Control Manual Page 19 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. (iiiv) Access road location: locate site access roads away from residential or other populated areas. Dust Prevention and Control Manual Page 20 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. (iv) Wind barrier: construct a fence or other type of wind barrier. Dust Prevention and Control Manual Page 21 (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. Dust Prevention and Control Manual Page 22 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. Dust Prevention and Control Manual Page 23 3.9 Open Areas and Vacant Lots Left: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. 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 cCover: 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. Dust Prevention and Control Manual Page 24 (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. Dust Prevention and Control Manual Page 25 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. Dust Prevention and Control Manual Page 26 (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. Dust Prevention and Control Manual Page 27 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. (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: Dust Prevention and Control Manual Page 28 (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. Dust Prevention and Control Manual Page 29 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 re-suspend 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. Dust Prevention and Control Manual Page 30 (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. Dust Prevention and Control Manual Page 31 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 greater than five (5) acres in sizea 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) issued by the City, 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. Dust Prevention and Control Manual Page 32 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. Dust Prevention and Control Manual Page 33 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: ________________________________ Dust Prevention and Control Manual Page 34 Dust Prevention and Control Checklist 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 cCover 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: Instructions: For projects over 5 acres, in addition to developing a Dust Control Plan (see chapter 4 of the manual), place an X in each box indicating all best management practices (BMPs) that will be implemented for each activity. Fully shaded boxes are Dust Prevention and Control Manual Page 35 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. Dust Prevention and Control Manual Page 36 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. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Dust Prevention and Control Manual Page 37 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. 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. Dust Prevention and Control Manual Page 38 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. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Dust Prevention and Control Manual Page 39 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 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 Dust Prevention and Control Manual Page 40 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/ 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 Dust Prevention and Control Manual Page 41 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 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/ May 3, 2016 Fugitive Dust Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex ATTACHMENT 4 Second Reading 2 • First Reading Follow-Up 1. Assess size threshold for when the Manual applies based on data 2. Can disturbed area be tracked instead of lot size? 3. Develop user-friendly checklist to provide to all permits 4. Remove references to chemical stabilization and synthetic cover 5. If adopted, reevaluate one year post “hard enforcement” • Second Reading of Municipal & Land Use Code Changes 1. Size Threshold 3 Council Direction: Analyze building permit and complaint data Analysis: • 1554 building permits – 53% < 10,000 sq ft, 4% of overall area – 91% < 5 acres, 22% of area • 24 complaints – 3/24 were on sites < 5 acres Recommendation: Staff recommends retaining the 5 acre threshold 1. Size Threshold 4 Required BMPs do not prevent off-property dust transport? Apply at least one additional BMP. Manual is used as the standard for projects > 5 acres Manual only required for projects ≤ 5 acres if two written warnings issued within one year All Projects Must Apply Bulk Materials Transport and Saw Cutting BMPs All Projects Must Prevent, Minimize and Control Dust 2. Disturbed Area v. Lot Size 5 Council Direction: Can disturbed area be tracked instead of lot size? Analysis: • Lot size is a recorded number • Staff concerns that we could not accurately track disturbed area • Disturbed area more difficult to enforce • Lot size recommended during public engagement Recommendation: Staff recommends retaining lot size to measure the threshold 3. User-friendly checklist 6 Council Direction: Provide a checklist for all building permits, regardless of size, to encourage consideration of dust control upfront Action taken: – Checklist provided in the Manual (page 31) – More general language in the Ordinance to allow for flexibility in the materials provided Recommendation: Staff recommends including the section on Best Management Practices in the City Code Ordinance 4. Update the Manual 7 Council Direction: Remove references to chemical stabilization and synthetic cover in the Manual Action taken: – References removed – Additional edits to the Manual were made to improve clarity and limit overall page length (redline version attached) Recommendation: N/A 5. Reevaluation of the Threshold 8 Council Direction: Due to uncertainty, reassess the adopted size threshold in one year from “hard enforcement” (November 1, 2017) Action taken: – Established tracking system will allow staff to assess complaints: • Overall number and discrete number of complaints • Project size Recommendation: Staff recommends providing Council with an update one year from “hard enforcement” regarding the Ordinances’ effectiveness Next Steps 9 Proposed Enforcement Timeline: – May-June Develop training and enforcement materials – June-Aug Conduct training sessions – June-Oct Conduct public outreach – June/July-Oct Soft enforcement (no fines) – November 1 Official enforcement begins Ordinances 10 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. May 3, 2016 Fugitive Dust Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex -1- 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 Sec. 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. Sec. 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. Sec. 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 §12-150(a) above. (b) A copy of the dust control manual adopted under this §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. Sec. 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) Violation: 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 consistent with the dust control manual. (e) Best Management Practices: Educational materials regarding best management practices for dust control shall be made available by the City to owners and operators of dust generating activities, including but not limited to, a checklist or other descriptive material. Sec. 12-154. Access to Private Property. Officers Employees of the City authorized to enforce ing 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. If such premises are occupied at the time entry is required, the City employee entering the premises pursuant to this section shall first present credentials and request entry. If such entry is refused, the City employee shall have recourse to every remedy provided by law to secure entry. When a City employee has obtained an inspection warrant or other remedy provided by -5- law to secure entry, any failure to permit such entry upon request pursuant to a valid inspection warranty or other court order shall be a misdemeanor punishable by the provisions of §1-15 of this Code. Secs. 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. 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. Section 4. The City Manager shall provide for monitoring of the impacts of this Ordinance during the first year after full implementation of its requirements, and shall review and report in writing to the City Council the effectiveness of the requirements including any recommendations related to the thresholds for application of the various requirements to properties and projects. -6- 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 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Adopted by Ordinance No. 44, 2016 Dust Prevention and Control Manual EXHIBIT A Dust Prevention and Control Manual 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 19 3.9 Open Areas and Vacant Lots 21 3.10 Saw Cutting and Grinding 22 3.11 Abrasive Blasting 24 3.12 Mechanical Blowing 26 4.0 Dust Control Plan for Land Development Greater Than Five Acres 28 Dust Prevention and Control Checklist 31 5.0 Resources 32 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 32 5.2 City of Fort Collins Manuals and Policies 35 5.3 References for Dust Control 35 Dust Prevention and Control Manual 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 Chapter 12, Article X of the Fort Collins City Code (§§12-150 et. seq) for specific dust generating activities and sources. The purpose of Chapter 12, 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 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 §12-150(b)(3). Dust Prevention and Control Manual 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. Code shall mean the Fort Collins City Code, as amended from time to time. Cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. 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 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 processes or natural forces but is not emitted through a stack, chimney, or vent Local wind speed shall mean the current or Dust Prevention and Control Manual Page 3 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 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. Dust Prevention and Control Manual Page 4 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. 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 fugitive dust. Dust Prevention and Control Manual Page 5 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 Chapter 12, Article X of the Code (§§12-150- 12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. Dust Prevention and Control Manual Page 6 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. Dust Prevention and Control Manual Page 7 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 is to reduce dust emissions from human activities and to prevent those emissions from impacting others and is 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. The Dust Prevention and Control Checklist included on page 31 of this Manual provides a “quick guide” to dust control BMPs covered in the following sections of the Manual. Dust Prevention and Control Manual Page 8 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. Dust Prevention and Control Manual Page 9 (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) 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. (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 lot size 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 greater than 25 acres in size may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Dust Prevention and Control Manual Page 10 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a required best management practice) and a wind barrier (an additional best management practice) 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 2012 International Building Code (IBC), as adopted by the Code Sec. 5-26 and amended by Code Sec. 5-27 (59) (amending IBC §3602.1.1) and all other state and local regulations; (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. Dust Prevention and Control Manual Page 11 (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) 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. Dust Prevention and Control Manual Page 12 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) Cover: install cover materials during periods of inactivity and anchor the cover. (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. Dust Prevention and Control Manual Page 13 (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) 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 of the “Fort Collins Stormwater Criteria Manual, as adopted in Code Sec. §26-500; specifically, Volume 3 Chapter 7 “Construction BMPs”. The Stormwater Criteria Manual 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. Dust Prevention and Control Manual Page 14 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. Dust Prevention and Control Manual Page 15 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 the wheels or undercarriage of equipment and vehicles 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 mud, 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, as specified in applicable contract documents, and as set forth in the 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. Dust Prevention and Control Manual Page 16 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 to transport 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 load and unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Dust Prevention and Control Manual Page 17 (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) 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. Dust Prevention and Control Manual Page 18 3.7 Unpaved Roads and Haul Roads Left: 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. (iii) Access road location: locate site access roads away from residential or other populated areas. Dust Prevention and Control Manual Page 19 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) Wind barrier: construct a fence or other type of wind barrier. (v) 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. (vi) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Dust Prevention and Control Manual Page 20 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. Dust Prevention and Control Manual Page 21 3.9 Open Areas and Vacant Lots Left: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. 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) 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. Dust Prevention and Control Manual Page 22 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 Fort Collins Stormwater Criteria Manual or contract documents and specifications. Dust Prevention and Control Manual Page 23 (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. Dust Prevention and Control Manual Page 24 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. (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. Dust Prevention and Control Manual Page 25 (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. Dust Prevention and Control Manual Page 26 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 re-suspend 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. Dust Prevention and Control Manual Page 27 (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. Dust Prevention and Control Manual Page 28 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 greater than five (5) acres in size. 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) issued by the City, 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. Dust Prevention and Control Manual Page 29 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. Dust Prevention and Control Manual Page 30 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: ________________________________ Dust Prevention and Control Manual Page 31 Dust Prevention and Control Checklist Instructions: For projects over 5 acres, in addition to developing a Dust Control Plan (see chapter 4 of the manual), place an X in each box indicating all best management practices (BMPs) that will be implemented for each activity. Fully shaded boxes are required BMPs, hatched boxes are additional BMPs. For projects less than 5 acres, the BMPs for bulk materials transport and saw cutting/grinding are required; other BMPs are listed for use as a guide for preventing and controlling dust. 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 Unpaved Parking Lot * Paved Parking Lot* Open Area* Saw Cutting or Grinding Abrasive Blasting Mechanical Blowing Abrasive media Asbestos or lead materials Construction sequencing Cover Cover Load Enclosure Equipment & work area clean up Erosion control plan High winds restriction Location Mechanical blowing techniques Minimize disturbed area Minimize drop height 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 Track-out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Dust Prevention and Control Manual Page 32 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. Dust Prevention and Control Manual Page 33 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. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Dust Prevention and Control Manual Page 34 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. 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. Dust Prevention and Control Manual Page 35 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. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Dust Prevention and Control Manual Page 36 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 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 Dust Prevention and Control Manual Page 37 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/ 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 Dust Prevention and Control Manual Page 38 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 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/ -1- 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: -2- 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 -3- 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. -4- 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 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Wind barrier *Note that in the parking lot and open area standards, only select one of the required BMPs to be in compliance. 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 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. 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. required BMPs, hatched boxes are additional BMPs. For projects less than 5 acres, the BMPs for bulk materials transport and saw cutting/grinding are required; other BMPs are listed for all others, use the following as a guide for preventing and controlling dust. 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 Unpaved Parking Lot * Paved Parking Lot* Open Area* Saw Cutting or Grinding Abrasive Blasting Mechanical Blowing Abrasive media Asbestos or lead materials Construction sequencing Cover Cover LoadDrop height Enclosure Equipment & work area clean up Erosion cControl plan High winds restriction Location Load cover Mechanical blowing techniques Minimize disturbed area Location Minimize drop heightMinimize 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 Track-out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier *Note that in the parking lot and open area standards, only select one of the required BMPs to be in compliance. 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 fugitive dust. 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 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 including but not limited to the best management practices identified in this Manual. ηWĞƌŵŝƚƐ >ŽƚƌĞĂ;ĂĐƌĞƐͿ ϭĂĐсϰϯ͕ϱϲϬĨƚϮ ĞŵŽůŝƚŝŽŶWĞƌŵŝƚƐ;ϮϬϭϱͿ фϭϬŬĨƚϮ фϱĂĐ ηWĞƌŵŝƚƐ >ŽƚƌĞĂ;ĂĐƌĞƐͿ ϭĂĐсϰϯ͕ϱϲϬĨƚϮ ŽŵŵĞƌĐŝĂůWĞƌŵŝƚƐ;ϮϬϭϱͿ фϭϬŬĨƚϮ фϱĂĐ ηWĞƌŵŝƚƐ >ŽƚƌĞĂ;ĂĐƌĞƐͿ ϭĂĐсϰϯ͕ϱϲϬĨƚϮ ZĞƐŝĚĞŶƚŝĂůWĞƌŵŝƚƐ;ϮϬϭϱͿ фϭϬŬĨƚϮ фϱĂĐ ηWĞƌŵŝƚƐ >ŽƚƌĞĂ;ĂĐƌĞƐͿ ϭĂĐсϰϯ͕ϱϲϬĨƚϮ ůůWĞƌŵŝƚƐ;ϮϬϭϱͿ фϭϬŬĨƚϮ фϱĂĐ EŽƚĞƐ͗;ϭͿĞŵŽůŝƚŝŽŶƉĞƌŵŝƚƐĂƌĞŶŽƚĐůĂƐƐŝĨŝĞĚĂƐƌĞƐŝĚĞŶƚŝĂůŽƌĐŽŵŵĞƌĐŝĂů͕ƚŚƵƐ͕ƚŚĞǇĂƌĞŝŶĐůƵĚĞĚĂƐĂƐĞƉĂƌĂƚĞĂŶĂůǇƐŝƐ͘;ϮͿ/ŶƚŚĞ ŝŶŝƚŝĂůĂŶĂůǇƐŝƐ͕ŽŶůǇƐŝŶŐůĞĨĂŵŝůǇŚŽŵĞƐǁĞƌĞŝŶĐůƵĚĞĚ͖ŝŶƚŚŝƐĂŶĂůǇƐŝƐ͕ĂůůϮϬϭϱƉĞƌŵŝƚƐĂƌĞŝŶĐůƵĚĞĚ͘ ATTACHMENT 2 required) Actual costs 6. 222 Laporte City Building $40,000 $10,000 $50,000 $10,000,000 0.5% (0.4% required) Actual costs 3. Tracking of dust complaints To begin to track the overall number and type of complaints associated with dust generating activities, staff has developed a tracking spreadsheet that is available on a SharePoint site, where all City staff can access, enter, and track complaints. Two complaints in 2016 have been entered thus far. The spreadsheet has been shared with the Air Quality Advisory Board and Fugitive Dust Working Group and amended based on their feedback. 4. The Hybrid Approach to Preventing, Minimizing, and Controlling Dust Based on feedback from Council, staff has developed the following hybrid approach for preventing, minimizing, and controlling fugitive dust: 1. All projects must cover loads of aggregate material (Section 3.6 of the Manual) and implement the required saw cutting and grinding best management practices (Section 3.10 of the Manual). 2. All projects must comply with the provisions outlined in the Dust Control Manual, except that residential projects under 10,000 square feet (measured by lot size) are exempt from this requirement (though they are still required to prevent and control dust, but they do not have to use the best management practices outlined in the Manual). o There are two exceptions to this rule:  First, if a builder is constructing multiple lots that are contiguous to each other, and the total area of these contiguous lots exceeds 10,000 square feet, then the Manual applies.  Second, if a builder or operator receives two written warnings within a one year period, then the builder or operator has to utilize the Dust Control Manual to address fugitive dust on their site. 3. Staff is proposing that enforcement of these regulations be delayed until November 1, 2016, in order to allow for training and outreach to occur prior to enforcement. These requirements are further described below: