CHAPTER 4. EMISSIONS FROM EXISTING AND
NEW NON-POINT SOURCES
ARTICLE 1. ADOPTED DOCUMENT(S)
4-1-010. Adopted document(s)
A.A.C., Title 18, Chapter 2, Article 6 is hereby adopted by reference and made a part of this Code.
[Adopted effective June 29, 1993. Revised 5/14/97.]
ARTICLE 2. FUGITIVE DUST
4-2-020. General
The purpose of this article is to reasonably regulate operations which periodically
may cause fugitive dust emissions into the atmosphere.
[Adopted effective June 29, 1993. Revised 12/4/2002]
4-2-030. Definitions
For the purpose of this article, the following definitions shall apply:
1. MOTOR VEHICLE – A self-propelled vehicle weighing less than six thousand pounds
that is designed for carrying persons or property on a street or highway.
2. REASONABLE PRECAUTION – Measures taken to prevent fugitive dust from
becoming airborne which result in the lowest emission limitation by the application of
control technology that is reasonably available considering technological and economic
feasibility.
3. URBAN or SUBURBAN OPEN AREA – An unsubdivided tract of land surrounding a
substantial urban development of a residential, industrial, or commercial nature and
which, though near or within the limits of some city or town, may be used for agriculture,
be uncultivated, or lie fallow.
4. VACANT LOT – A subdivided residential or commercial lot which contains no buildings
or structures of a temporary or permanent nature.
[Adopted effective June 29, 1993. Revised 12/4/2002]
4-2-040. Standards
A. No person shall cause, suffer, allow, or permit a building or its appurtenances, subdivision site,
driveway, parking area, vacant lot or sales lot, or an urban or suburban open area to be
constructed, used, altered, repaired, demolished, cleared, or leveled, or the earth to be moved
or excavated, or fill dirt to be deposited, without taking reasonable precautions to effectively
prevent fugitive dust from becoming airborne.
B. No person shall cause, suffer, allow, or permit a vacant lot, or an urban or suburban open area
to be driven over or used by motor vehicle, such as but not limited to all-terrain vehicles, trucks,
cars, cycles, bikes, or buggies, without taking reasonable precautions to effectively prevent
fugitive dust from becoming airborne.
C. No person shall cause, suffer, allow, or permit the performance of agricultural practices
including but not limited to tilling of land and application of fertilizers without taking reasonable
precautions to effectively prevent particulate matter from becoming airborne.
D. No person shall disturb or remove soil or natural cover from any area without taking reasonable
precautions to effectively prevent fugitive dust from becoming airborne.
E. No person shall crush, screen, handle, or convey materials or cause, suffer, allow or permit
materials to be stacked, piled or otherwise stored without taking reasonable precautions to
effectively prevent fugitive dust from becoming airborne.|
F. Stacking and reclaiming machinery utilized at storage piles shall be operated at all times with a
minimum fall of material and in such manner, or with the use of spray bars and wetting agents,
as to prevent excessive amounts of particulate matter from becoming airborne. Other
reasonable precautions shall be taken, as necessary, to effectively prevent fugitive dust from
becoming airborne.
G. No person shall cause, suffer, allow or permit transportation of materials likely to give rise to
fugitive dust without taking reasonable precautions to prevent fugitive dust from becoming
airborne. Earth and other material that is tracked out or transported by trucking and earth
moving equipment on paved streets shall be removed by the party or person responsible for
such deposits. Removal of earth from paved streets shall not violate the visibility standard in
Chapter 2.
H. No person shall operate, maintain, use or permit the use of any commercial feedlot or
commercial livestock area for purposes of feeding or displaying animals, or engage in other
activity such as racing and exercising, without taking reasonable precautions to effectively
prevent fugitive dust from becoming airborne.
I. No person shall cause, suffer, allow or permit the use, repair, construction or reconstruction of
any road or alley without taking reasonable precautions to effectively prevent fugitive dust from
becoming airborne.
J. No person shall operate a motor vehicle for recreational purposes in a dry wash, riverbed or
open area in such a way as to cause or contribute to visible dust emissions which then cross
property lines into a residential, recreational, institutional, educational, retail sales, hotel or
business premises. For purposes of this subsection “motor vehicles” shall include, but not be
limited to trucks, cars, cycles, bikes, buggies and 3- wheelers. Any person who violates the
provisions of this subsection shall be subject to prosecution under A.R.S. 49-513.
K. No person shall cause, suffer, allow or permit construction or mineral tailing piles without taking
reasonable precautions to prevent excessive amounts of particulate matter from becoming
airborne. For purposes of controlling emissions from mineral tailings piles, reasonable
precautions shall mean wetting, chemical stabilization, revegetation or such other measures as
may be approved by the Control Officer.
[Adopted effective June 29, 1993. Amended October 27,2004]