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Dust Control Measures: Business Impacts

New dust control restrictions may affect you!

Commercial & Multi-family Driveways/Parking Areas

Two new city ordinances are required by this law--dust-proof paving for developments; and dust-proof paving for residential driveways.

  • One ordinance will apply to parking, maneuvering, ingress and egress areas at all developments other than residential buildings with four pr fewer units;
  • The other ordinance will apply to driveways/parking/maneuvering areas that together total >3,000 sq ft for residential buildings with four or fewer units.

ATV Retailers

Requires any person who rents or sells (in the normal course of business) Off-highway vehicles, All-terrain vehicles, or Off-road recreational motor vehicles to provide the buyer or renter with printed materials approved by ADEQ.

  • ADEQ will provide retailers with written material that will educate and inform the user on methods for reducing the generation of dust and will include information about other relative dust control ordinances and restrictions.

Leaf Blower Retailers

Requires any person who rents or sells leaf blowers to provide the buyer or renter with printed materials approved by the Arizona Department of Environmental Quality (ADEQ).

  • ADEQ will provide retailers with written material that will educate and inform the user on safe and efficient methods to operate equipment.

Resorts and Restaurants Open and Unlawful Burning

Prohibits the burning of WOOD by means of outdoor chimineas, fire pits, or similar outdoor fires on HPA days.

  • Gaseous fuels (including gas logs) are OK to burn.

From May 1st through September 30th each year, it is unlawful to create an open outdoor fire.

  • Fires used only for the purpose of cooking or providing warmth for people are permitted.

Landscape Contractors

  • Requires that any person operating a leaf blower for remuneration must successfully complete training approved by ADEQ on how to operate a leaf blower in a manner designed to minimize the generation of dust emissions at least once every three years. (Initial training must be complete no later than Dec. 31, 2008.)
  • Prohibits any person (including city employees and contractors) from blowing landscape debris into public roadways at any time.
  • Prohibits city and county employees and/or contractors from operating leaf blowers (except in vacuum mode) on HPA days.

Construction Companies

Requires a site subject to a county dust control permit of five acres or more of disturbed surface area to have at least one trained dust control coordinator on site at all times during primary dust generating operations. (This requirement will become effective June 30, 2008.)

Requires that by Dec. 31, 2008 and at least once every three years thereafter, the following persons must complete basic dust control training:

  • The site superintendent or on-site dust control permit holder if the site has more than one acre of disturbed surface.
  • Water truck and water pull drivers.
  • These requirements do not apply to sites where the permit holder has a single permit for multiple noncontiguous sites that are one acre or less.

Vehicle Parking

Prohibits vehicle parking on unpaved surfaces. This includes vehicles for sale parked on:

  • Dirt shoulders
  • Vacant lots
  • Block corners

Special Event Parking

  • If Special Event Parking happens to be a vacant lot where vehicle parking disturbs the surface and creates dust, the owner will be subject to fines (if a permit is NOT issued by a Dust Control Officer).
  • See “Vacant Lots” section for stabilization methods.

Vacant Lots

Requires vacant lot owners to control dust if ground surface has been disturbed.  SOLUTIONS to restabilize disturbed surfaces:

  • Landscaping
  • Growing Vegetation
  • Watering
  • Applying Dust Palliatives, etc.

Prohibits vehicle driving on vacant lots.  SOLUTIONS to prevent vehicle trespassing:

  • Signs
  • Fences
  • Berms, etc.

For more information,