State-Mandated Dust Control Measures
Text Amendment & Related Code Changes
Meeting New Federal & State Standards
View/Print New Regional Dust Control Requirements (pdf/148kb/2pp)
On September 19, 2007, new state air quality laws took effect. These new regulations impact citizens and city government operations, and directly impact the city’s efforts to control dust.
The Dust Control Text Amendment (1-TA-2008) was approved by Council on March 18, 2008, to require dust free surfaces for areas used for parking and maneuvering of vehicles. Companion changes to the city code prohibit blowing landscape debris into the street, preclude off road vehicles from closed areas, and restrict vehicular use on vacant lots. These measures meet the recently adopted State Statutes to improve air quality and reduce particulate matter.
The new, state-mandated requirements apply to all Non-Attainment Areas.
The new measures are designed to bring the Valley into compliance with EPA air quality standards for particulates (PM-10) – fine dust particles that can harm health. Failure to meet the EPA standards could mean the loss of significant federal highway funds. Cities can require stricter measures for dust control, but cannot adopt measures less stringent than minimum state requirements. Scottsdale is developing a list of approved surface treatments for dust control, and will be seeking public input on the types of stabilizers or palliatives that would be effective.
The new requirements are in addition to the dozens of measures previously adopted by Scottsdale and other Valley cities. Industries also fall under more stringent regulations, which will be enforced by Maricopa County and the State.
- Limit leaf-blower use. Landscapers and homeowners would be prohibited from using leaf blowers to blow debris onto public streets. Passing cars can grind the debris into finer dust and kick it back into the atmosphere.
- Require paved or treated parking lots at larger buildings. Commercial and non-residential properties and multi-unit housing developments with more than four units would be required to control dust on unpaved parking areas of any size. They could stabilize the areas with paving or gravel, or apply a dust palliative.
- Require dust control for large, unpaved areas at residences. Private residences and multi-unit properties with four or fewer units would be affected if unpaved driving and parking areas are 3,000 square feet or larger. Property owners with unpaved driveways, turnaround areas or other unpaved areas would be required to pave or stabilize surfaces.
- Require owners of vacant land to control dust or access by vehicles. Owners whose vacant property contains unpaved surfaces used by all-terrain vehicles or other vehicles would be responsible for stabilizing the unpaved area or keeping the vehicles off their property with fences, ditches or other barriers. Owners of vacant lots could be cited if vehicles repeatedly trespassing on their property create dusty areas that are sources of particulate pollution.
- Broaden prohibitions on ATV use. All-terrain and off-road vehicles generally would not be allowed on unstabilized surfaces, even if riders have the owner’s permission to use the vehicles on private property.
For more information on this text amendment, please contact Current Planning at 480-312-7000 or email ProjectInput@ScottsdaleAZ.gov.
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