48.1.1 DUST.
a) The word dust shall include powdered substances, lint fibers or other loose particles which may become airborne.
b) Potential dust producing substances as used in this Article includes but is not limited to manufactured or mechanically produced substances such as coke, coal carbon, gypsum, diatomaceous earth and zinc.
c) The provisions of this Chapter shall not apply to any dust producing or potential dust producing substances whose production, refinement, selling, storing, stockpiling or loading is regulated by other provisions of this Code.
48.1.2 CONSTRUCTION NEAR RESIDENTIAL ZONE.
No operation in connection with a business involved in the production, refinement, selling, storing, stockpiling or loading materials which are a potential source of dust being released into the atmosphere shall be conducted within sixty-five (65) yards of a lot containing a structure used or which may be used as a residence.
48.1.3 STOCKPILING NEAR STREET OR HIGHWAY.
The storing or stockpiling of any potential dust producing material, unless enclosed by a building, shall not be placed within seventy (70) feet of any street or highway.
48.1.4 CONTROL OF DUST.
Each stockpile of potential dust producing substances unless completely enclosed within a building, whether being extended or diminished, active or inactive, shall be controlled by mechanical or chemical means so as to prevent dust from blowing off the property on which the substance is stockpiled. Such mechanical or chemical means may include but is not limited to the following:
a) Inactive stockpiles shall be covered with a coating of emulsion, adhesive or other chemical substance to prevent dust from blowing off the pile. This covering may be a chemical substance manufactured and designed for the purpose of holding dust producing substances in place, or it may be a coating by natural action of the material stored when wet or subjected to other processing. If the coating or crust is by natural action of the substance it must be capable of forming the coating or crust within forty-eight (48) hours from the time of storage. Under either method of coating or crusting, the stockpile must have a yield point of not less than seventy-five (75) miles per hour of wind velocity and shall not lose its dust controlling capacity when subjected to rain or frost.
b) Active stockpiling may be controlled by a water spray to such depth and state of wetness to control dust at all times. Such water spray system shall be designed to cover all stockpiles or potential dust producing substances wherever located on the property. The water spray system may be either manually operated on a twenty-four (24) hour a day basis, or automatically activated if tied to an anemometer, twenty-four (24) hours per day. The system shall be activated whenever the wind velocity reaches fifteen (15) miles per hour, or intermittent gust of wind reach a velocity of twenty (20) miles per hour.
c) Surrounding Area. In the event that potential dust producing substances are allowed to accumulate in other areas, such as roads, work areas or paths where wind or passing vehicles could cause dust to enter the air, that area shall be subject to coating with a method described in a) or b) in this Section, or by such other means to prevent the dust from blowing or being carried onto streets, highways or adjacent property.
48.1.5 HEIGHT REQUIREMENTS.
No stockpile of potential dust producing material, not completely enclosed within a building, shall be more than thirty (30) feet high.
48.1.6 STOCKPILE OF MATERIAL.
A stockpile of potential dust producing material, unless completely enclosed within a building, shall be relatively flat on the top rather than convex or concave.
48.1.7 REGULATIONS FOR REMOVAL OR REDUCTION OF STOCKPILE.
No stockpile of potential dust producing material, unless enclosed in a building, shall be removed or reduced in size except from the leeward side of the pile.
48.1.8 MOVING MATERIAL.
a) No potential dust producing substance shall be moved by truck from the property where it is loaded, without being completely and effectively sprayed with water to prevent the blowing of dust from the truck while in transit.
b) No potential dust producing substance shall be moved by open railway car from the property where it is loaded without being completely and effectively sprayed with water to a depth of four (4) inches or covered with a coating of emulsion adhesive or other chemical substance to prevent dust from blowing off the material.
48.1.9 TREES AND SHRUBS.
Any property larger than three (3) acres on which is stored any potential dust producing substance shall be planted with suitable trees and shrubs in accordance with the plans provided in Sec. 48.1.10. herein to control wind currents and to prevent blowing of dust from the property unless the potential dust producing substance is completely enclosed within a building. The trees and shrubs shall be equipped with a permanent irrigation system.
48.1.10 APPROVAL OF PLANS.
The owners or operators of all facilities on which is stored potential dust producing substances within ninety (90) days after the effective date of this Chapter shall submit to the City Council for approval a complete plan for the control of dust. The plan shall show the placement of berms, fences, walls, trees and plant placement, landscaping, water sprinkler and irrigation systems. As a condition of the approval, the City will require the applicant to furnish at his own expense a report by a qualified engineering expert, attesting to the effectiveness of the dust control system proposed.