Arizona Laws 49-474.05. Dust control; training; site coordinators
A. This section applies in a county with a population of two million or more persons or any portion of a county in an area designated by the environmental protection agency as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nonattainment area.
Terms Used In Arizona Laws 49-474.05
- Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances, by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the board of supervisors. See Arizona Laws 49-471
- Board of supervisors: means any county board of supervisors. See Arizona Laws 49-471
- Control officer: means the executive head of the department authorized or designated to enforce air pollution regulations, or the executive head of an air pollution control district established pursuant to section 49-473. See Arizona Laws 49-471
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Maintenance area: means any nonattainment area that has been redesignated by the administrator to attainment status. See Arizona Laws 49-401.01
- Nonattainment area: means any area in this state that is designated as prescribed by section 49-405 and where violations of national ambient air quality standards have been measured. See Arizona Laws 49-401.01
- Permit: includes all or any part of a county permit, license, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 49-471
- Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
B. No later than January 1, 2008, the control officer shall develop and implement basic and comprehensive training programs for the suppression of PM-10 emissions from sources of PM-10 that are subject to a permit issued by a control officer that requires control of PM-10 emissions from dust generating operations. The control officer may approve training developed and provided by a third party and the board of supervisors may adopt rules prescribing standards for dust control training.
C. At least once every three years, the following persons are required to successfully complete basic dust control training:
1. The site superintendent or other designated on-site representative of the permit holder if present at a site that has more than one acre of disturbed surface area that is subject to a permit issued by a control officer requiring control of PM-10 emissions from dust generating operations.
2. Water truck and water pull drivers.
D. Persons who are required to be trained under this section shall complete the training no later than December 31, 2008. All persons who have successfully completed training during the 2006 and 2007 calendar years are deemed to have satisfied this requirement if the training program completed was conducted or approved by a county air pollution control officer. Completion of the training required under subsection G satisfies the requirements of this subsection.
E. No later than June 30, 2008, the permittee for any site of five acres or more of disturbed surface area subject to a permit issued by a control officer requiring control of PM-10 emissions from dust generating operations shall have on site at least one dust control coordinator trained in accordance with this section at all times during primary dust generating operations related to the purposes for which the dust control permit was obtained.
F. A dust control coordinator has full authority to ensure that dust control measures are implemented on site, including conducting inspections, deployment of dust suppression resources and modification or shutdown of activities as needed to control dust. The dust control coordinator shall be responsible for managing dust prevention and dust control on the site.
G. At least once every three years, the dust control coordinator shall successfully complete a comprehensive dust control class conducted or approved under subsection A by the county air pollution control officer with jurisdiction over the site. The dust control coordinator shall have a valid dust training certification identification card readily accessible on site while acting as a dust control coordinator. All persons having successfully completed training during the 2006 and 2007 calendar years are deemed to have satisfied this requirement if the training program completed was conducted or approved by a county air pollution control officer.
H. Subsections C and D do not apply when on-site dust generating operations are conducted by a permittee who is required to obtain a single permit for multiple noncontiguous sites that is issued by a control officer and that requires control of PM-10 emissions.
I. The requirements of subsections E and F lapse if all of the following apply:
1. The area of the disturbed surface area is less than five acres.
2. The previously disturbed areas are stabilized in accordance with the requirements of applicable rules.
3. The permittee provides notice of the acreage stabilized to the control officer.
J. Permittees who are required to obtain a single permit for multiple noncontiguous sites that is issued by a control officer and that requires control of PM-10 emissions from dust generating operations shall have on sites with greater than one acre of disturbed surface area at least one individual who is designated by the permittee as a dust control coordinator trained in accordance with subsection C. The dust control coordinator shall be present on site at all times during primary dust generating activities that are related to the purposes for which the permit was obtained. This subsection does not apply to permittees subject to subsections B and C.