HomeMy WebLinkAbout3414 Ordinance ORDINANCE NO. 3414
AN ORDINANCE RELATING TO HEALTH SAFETY AND
COMFORT AMENDING PMC TITLE 9 BY CREATING NEW
REGULATIONS FOR DUST CONTROL.
WHEREAS, clean air is an essential element necessary for life; and,
WHEREAS, air pollution created by dust blowing off properties can injure
plant, animal and human life, as well as buildings property and equipment; and,
WHEREAS, air pollution in the form of blowing dust causes economic
hardship for property owners who's landscaping, buildings, equipment and vehicles
have been affect in some way by the blowing dust; and,
WHEREAS, air pollution in the form of blowing dust damages public
facilities, schools, parks, streets and drainage facilities negatively impacting public
budgets: and,
WHEREAS, air pollution, in the form of blowing dust limits visibility,
creating safety hazards for pedestrians and motorist; and,
WHEREAS, the City Council has determined that to further the public good
and maintain levels of air quality to protect human health, animal life, property,
public facilities, as well as preventing air pollution problems that interfere with the
enjoyment of life and property, it is necessary to amend PMC Title 9; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That Title 9 of the Pasco Municipal Code be, and the same is
hereby amended, to include a new Chapter 9.56 to read as follows:
CHAPTER 9.56
Dust Control
Sections:
9.56.010 Purpose and Intent
9.56.020 Definitions
9.56.030 Unlawful Act
9.56.040 Owner Responsibility
9.56.050 Control Plan
9.56.060 Enforcement
9.56.010 Purpose. The purpose of this chapter is to provide a regulatory
format that promotes the health safety, comfort, and general welfare of residents of
the City by requiring property owners of undeveloped land, construction activities,
urban development and similar activities within the City of Pasco to control and
prevent the creation of fugitive dust nuisances.
9.56.020 Definitions. For the purposes of this Chapter, certain terms or
words shall be interpreted and defined as follows:
(A) Construction—Begin Construction. "Begin Construction" means the
initiation of physical on-site construction activities such as, but not limited to, site
preparation, grading, leveling filling, setting temporary power, locating a temporary
construction office, locating a temporary storage structure, laying underground
conduit and piping of any kind, installing building supports and foundations, any
other like or similar activity.
(B) Control—Best Available Control Methods. "Best Available Control
Methods" means dust abatement, containment and elimination measures employing
any and all available technologies, systems and techniques applied to a given site
that result in the elimination of fugitive dust being deposited beyond the site
boundaries. Best Available Control Methods may vary from site to site depending
on site location and characteristics.
(C) Dust--Fugitive Dust. "Fugitive Dust" means fine airborne particulate
matter originating from the a site surface, whether or not the surface consists of
bare soil, sand, crushed rock, or other materials and that is escaping beyond the
boundaries of the site in sufficient quantities and characteristics to interfere the
enjoyment of life and use of neighboring properties.
(D) Person. "Person" means any person, property owner, leasee, firm,
public or private corporation, partnership, association, developer, subdivider,
contractor, builder, political subdivision or government agency having ownership,
possession or control of a site.
(E) Reasonably Attributable. "Reasonably Attributable" means
attributable by visual observation and inspection, or any other generally accepted
technique deemed appropriate by the City.
(F) Site. "Site" means any parcel, tract, lot, block, or subdivision of land
regardless of size or shape located in the City of Pasco.
9.56.030 Unlawful Act. It shall be unlawful for any person as defined herein
to cause or permit fugitive dust from leaving the boundaries of a site whether
owned, controlled or being worked upon by said person, being deposited upon other
sites in sufficient quantities and of such characteristics and duration to be injurious
to human health, plant or animal life, or property or which interferes with the
enjoyment of life and property.
9.56.040 Owner Responsibility. Any person owning a site whether vacant or
developed within the City of Pasco shall be responsible for employing the best
available technology to prevent the release of fugitive dust into the ambient air.
9.56.050 Control Plan. Any person that begins construction within the City
of Pasco must, prior to beginning said construction, file a written fugitive dust
control plan with the Building Inspector. Said control plan shall incorporate the
Best Available Control Methods for controlling fugitive dust. No building permit or
authorization to proceed with construction will be granted by the City until a
control plan has been submitted. In all cases, acceptance of a proposed plan by the
City and implementation of the plan by the permittee does not relieve the permittee
from the obligation to control dust.
9.56.060 Enforcement. Where the occurrence of fugitive dust can be
reasonably attributable to a given site, the Building Inspector or Code Enforcement
Officer shall issue a notice of civil violation. Notice shall be issued to immediately
suppress the fugitive dust by use of the best available control methods. In addition
to the enforcement measures permitted above, the City may without notice suspend
all construction on an offending site and require the immediate employment of the
best available control methods to suppress the dust. If the person in possession of
the site is unavailable and aggravated fugitive dust conditions exist, the City may
engage a private contractor to employ the best available control methods to
suppress the dust. The costs incurred by the City for the dust suppression
measures shall be borne by the person responsible for the site. These costs shall be
in addition to any penalties assessed by the Code Enforcement Board pursuant to
Title 11 of the Pasco Municipal Code.
Section 2. This ordinance shall be in full force and effect five days
after passage and publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting this
20t` day of March, 2000.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
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Catherine D. Seaman, Deputy City Clerk Lelend B. Kerr, City Attorney