Ordinance 1139 - Air QualityORI&WRL
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ORDINANCE NO. 1139
AN ORDINANCE ENACTING AN EMISSION CONTROL PLAN FOR THE CITY OF KALISPELL
TO MEET ENVIRONMENTAL PROTECTION AGENCY STANDARDS (PM-10 STANDARD) BY
REQUIRING DUST ABATEMENT AND CONTROL IN THE CITY LIMITS; PRESCRIBING
A PENALTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on July 1, 1987 the Environmental Protection Agency
promulgated new ambient air quality standards for particulate matter
with an aerodynamic diameter of 10 microns or less (PM-10), and
WHEREAS, on August 7, 1987 the Environmental Protection Agency
designated Kalispell as a Group I area for the PM-10 standards, and
WHEREAS, the Environmental Protection Agency has concluded that
fine particulate (PM-10) presents the largest danger to human health
because fine particulates can penetrate deeply into oxygen exchanging
areas of the lungs and are more difficult for the human body to
expel, and
WHEREAS, the Kalispell Air Quality Advisory Committee was formed
in the Spring of 1987 to monitor and discuss scientific .information
and to recommend emission control strategies, and
WHEREAS, the Kalispell Air Quality Advisory Committee has presented
to the City Council of the City of Kalispell a proposed set of
Ordinances aimed at complying with Environmental Protection Agency
standards, and
WHEREAS, the City Council of the City of Kalispell considers
good air quality to be a valuable resource, important to the public
health, and essential to the economic well-being of the valley.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
RErTION I. MATERIALS TO BE USED ON ROADS AND PARKING LOTS;
b'1ANUAI,U.
A) DEFINITIONS.
(1) "Parking Lot" means a parcel of land located off
of the public right-of-way not less than 5,000 square feet
in size which is primarily used for the temporary storage
of motor vehicles; a parking lot as used in this Ordinance
does not include lots for the storage of special mobile
equipment as defined in the Montana Code Annotated.
(2) "Road" means any road or alley which is greater
than 50 feet in length, and has a projected average traffic
volume greater than 50 vehicles per day.
B) Within the city limits of Kalispell, no person or
government or private entity shall place any sanding or
chip seal material upon any road or parking lot which has a
durability, as defined by the fine aggregate portion of
AASHO T210, of less than or equal to S0 and has a content
of material smaller than 200 mesh, as determined by standard
wet sieving methods, which exceeds 3.0% oven dry weight.
C) It shall be the responsibilty of the person or government
or private entity applying the sanding or chip seal material
to test the material .and provide to the Kalispell public
works department representative data demonstrating that the
material meets the specification listed in Section 1 prior
to application. Such data shall be obtained by gathering a
representative sample from the supply stockpile or the
material as it is produced and analyzing the material in
accordance with the methods identified in Section 1.
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SECTION II. CONSTRUCTION AND DEMOLITION ACTIVITY.
A) DEFINITIONS.
(1) "Construction/demolition activity" means any on -site
mechanical activity preparatory to or related to building,
alteration, maintenance or demolition of an improvement on
real property, including: grading, excavation, filling,
transport and mixing of material, loading, crushing, cutting,
planning, shaping, breaking, sandblasting or spraying.
(2) "Department" means the public works department of
the City of Kalispell.
(3) "Exempt activity" means any construction/demolit.ion
activity consisting of:
(i) A building or improvement with a combined floor
space of, less than 3500 square feet, or
(ii) A disturbed surface area of less than 4000 square
feet.
(4) "Reasonably Available Control Technology" means
techniques used to prevent the emission and/or the airborne
transport of dust and dirt from a construction/demolition
site including: application of water or other liquids,
limiting access to the site, securing loads, enclosing,
shrouding, compacting, stabilizing, planting, cleaning
vehicles as they leave the site, scheduling the project for
optimum meteorological conditions, or such other measures
the department may specify to accomplish satisfactory results.
B) No person or government or private entity shall engage
in any construction/demolition activity, except for exempt
activities, without first applying for and obtaining a permit
from the department.
C) The applicant for a construction/demolition permit must
submit an application to the department which describes the
project and contains a dust control plan which constitutes
reasonably available control technology.
D) The department shall deny an application for a con-
struction/demolition permit unless, in the opinion of the
department, the dust control plan constitutes reasonably
available control technology.
SECTION III. PAVEMENT OF ROAD REQUIRED.
A) DEFINITIONS.
(1) "Department" means the public works department of
the City of Kalispell.
(2) "Existing street or road" means any street, road
or alley which is greater than 50 feet in length, has an
average traffic volume greater than 200 vehicles per day,
and was in existence on January 1, 1990.
(3) "New street or road" means any street, road or
alley which is greater than 50 feet in length, has a projected
average traffic volume greater than 50 vehicles per day,
and on which construction commenced or will commence after
January 1, 1990.
�..,.(4 ) "C,Qmpl fiance plan" means a plan and schedule of
implem6ta`tion to improve an unpaved road by paving, routine
applica.t< g�p�..of dust suppressants or other effective measure
to cant'1 fugitive dust.
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B) Within
the City of Kalispell, no person, or government
or private
entity shall allow the construction of a new
street or road unless the street or road is paved.
C) W.ithin
the City of Kalispell, no person, or government
or private
entity shall allow the operation, use, or main-
tenance of
any unpaved existing street or road unless a
compliance
plan has been filed with and approved by the
department.
The compliance plan must be filed with the
department
by January 1, 1991, and implemented by September
30, 1992.
The department may approve a compliance plan as
submitted or
amend the plan to .include any additional reason-
able dust control measures.
SECTION IV. CLEARING OF LAND GREATER THAN 1/4 ACRE IN
SIZE.
A) DEFINITIONS.
(1) "Reasonably Available Control Technology" means
techniques used to prevent the emission and/or the airborne
transport of dust and dirt from any disturbed or exposed
land including: planting vegetative cover, providing syn-
thetic cover, watering and/or chemical stabilization, covering
with coarse aggregate, installing wind breaks, or other
equivalent method or techniques approved by the department.
(2) "Department" means the public works department of
the City of Kalispell.
B) Within the city limits of Kalispell, the owner or
operator of any land area greater than 1/4 acre in size
that has been cleared or excavated, with the exception of
firebreaks authorized by the Kalispell mayor or city council,
shall employ reasonably available control technology to
control dust emissions within 60 days after notification by
the department or the Flathead City -County Health Department
that visible emissions were observed leaving the premises
or that the premises have remained in an uncontrolled state
for over 90 days.
C) The Flathead City -County Health Department may order
the owner or operator of any land area that has been cleared
or excavated to immediately employ reasonably available
control technology to control dust emissions when the
emissions present an immediate threat to human health and
welfare.
SECTION V. PARKING LOTS.
A) DEFINITIONS.
(1) "Parking lot" means a parcel of land located off
of the public right-of-way not less than 5,000 square feet
in size which is primarily used for the temporary storage
of motor vehicles; a parking lot as used in this Ordinance
does not include lots for the storage of special mobile
equipment as defined in the Montana Code Annotated.
(2) "Existing parking lot" means any parking lot
which was in existence and use on January 1, 1990..
(3) "New parking lot" means any parking lot on which
construction commenced after January 1, 1990:.
(4) "Compliance plan"
implementat.ioB to improve an
routine application of dust
other effe6tive measures to
means a plan and schedule of
unpaved parking lot by paving,
suppressants .including grass or
control fugitive dust.
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(5) "Department" means the public works department of
the City of Kalispell..
B) Within the City of Kalispell, no person, or government
or private entity shall construct any new parking lot which
has a parking area greater than 5000 square feet or private
drive 'through business lane, or a parking capacity greater
than 15 vehicles or a traffic volume of more than 50 vehicles
per day, unless the parking lot is paved.
C) Within the City of Kalispell, no person, or government
or private entity shall allow the operation, use, or main-
tenance of any existing unpaved parking lot which has a
parking area greater than 5000 square feet or private drive
through business lane or a parking capacity greater than 15
vehicles or a traffic volume of more than 50 vehicles per
day unless a compliance plan has been filed with and approved
by the department. The compliance plan must be filed with
the department by January 1, 1991 and implemented by September
30, 1992. The department may approve a compliance plan as
submitted or amend the plan to include any additional reason-
able control measures.
SECTION VI. PENALTIES.
Any person or corporation, whether owner, leasee, principal
agent employee or otherwise, who knowingly or purposely
violates any of the provisions of this Ordinance or permits
any violation or fails to comply with any of the requirements
thereof shall be guilty of a misdemeanor and upon conviction
thereof, shall be punished by a fine '
ine' of not more than five
hundred dollars ($500.00) and/or six months in jail for
each offense. Each week's continued violation shall consti-
tute a separate additional offense.
SECTION VII. EFFECTIVE DATE.
This Ordinance shall become effective from and after thirty
(30) days of its final passage by the City Council and
approval by the Mayor.
SECTION VIII. SEVERABILITY.
The provisions of this Ordinance are severable if any Section,
sentence, clause, or phrase of this Ordinance is adjudged
by a court of competent jurisdiction to be invalid, the
decision shall not affect the remaining portions of this
Ordinance.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY
THE MAYOR THIS DAY OF JANUARY _, 1990.
hn "Ed" Kennedy J ., Mayor
ATTEST:
Amy H. Robertson
Acting City Clerk -Treasurer
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