HomeMy WebLinkAbout108 - 09/04/2018 - AMENDING CHAPTER 12, ARTICLE X, OF THE CITY CODE TO REMOVE THE SMALL SCALE SOURCE DEFINITION AND WAR ORDINANCE NO. 108, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 12, ARTICLE X, OF THE CODE OF THE CITY
OF FORT COLLINS TO REMOVE THE SMALL SCALE SOURCE
DEFINITION AND WARNING REQUIREMENTS FOR FUGITIVE DUST
WHEREAS, on May 3, 2017 City Council adopted Ordinance 044, 2016 enacting a new
Article X in Chapter 12 of the City Code (the "Dust Control provisions"), regulating particular
matter emissions, sometimes referred to as "fugitive dust," and adopting the Dust Prevention and
Control Manual to protect the health, safety, and general welfare of the public; and
WHEREAS, following the first year of implementation of the Dust Control' Provisions,
which concluded on November 1, 2017, staff reviewed the effectiveness of the Dust Control
Provisions and provided the 1-Year Impacts Report (the "Impacts Report") to Council on March
28-2018; and
WHEREAS, a key recommendation in the Impacts Report was removal of the definition
of"small scale source" and associated warning requirements for violation by a small scale source
in order to simplify understanding and application of the Dust Control Provisions by removing the
distinction between a "small scale source" and any other"dust generating activity or source;" and
WHEREAS, the only distinction related to a "small scale source' and any other dust
generating activity or source is a requirement that two written warnings be issued prior to issuance
of a citation; and
WHEREAS, in practice, all complaints received since the Dust Control Provisions were
adopted have been resolved with voluntary compliance and in light of this record of effective
compliance, the addition of two written warnings prior to citing a small scale source appears to be
unnecessary; and
WHEREAS, removal of the distinction between small scale sources and other dust
generating activities or sources would not alter the enforcement practice of outreach, education
and written warnings, but would provide consistent requirements for any citation from all such
activities or sources; and
WHEREAS, for the foregoing reasons, staff recommends adoption of this Ordinance and
believes that modification of the Dust Control Provisions to eliminate distinctions based on a small
scale source will continue to effectively protect the health,safety, and general welfare of the public
in connection with fugitive dust.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
_1-.
Section 2. That Section 12-151 of the Code of the City of Fort Collins is hereby
amended by the deletion of the definition "Small scale source."
Section 3. That Section 12-153 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-153. - Prevention of fugitive dust emissions.
(a) 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.
(b) 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
consistent with the dust control manual.
(c) 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.
Section 4. That Section 12-160 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
:
Section 5. Notwithstanding any provision of the Dust Control Provisions to the
contrary, the City Manager is hereby authorized to adopt conforming changes to the Dust Control
Manual to implement the changes approved in this Ordinance and, after such adoption, shall
deliver an updated copy of the Dust Control Manual to the City Clerk and the City Clerk shall keep
the updated Dust Control Manual on file in accordance with City Code Section 12-152.
Introduced, considered favorably on first reading, and ordered published this 21st day of
August, A.D. 2018, and to be presented for final passage on the 4th day of September, A.D. 2018.
Introduced, considered favorably on first reading, and ordered published this 21st day of
August, A.D. 2018, and to be presented for final passage on the 4th day of September, A.D. 2018.
i
C;ayor
ATTEST:
i ....FOR?- ,0
cif •, •'�Z
City Cl
SEAL "
i
0000RA00
-2-
c -
Passed and adopted on final reading on the 4th day of September, A.D. 2018.
r
ATTEST:
- \iOtpORTCO``y
City c SEAL
cOLOW?
-3-