§ 11-4-760. Handling and storage of material susceptible to becoming windborne.  


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  •    (a)   Material handling:  No person shall cause or permit the use, handling, loading, unloading, storing, depositing, or scattering of any substance or material that may become airborne or be scattered by the wind without taking reasonable precautions to minimize air pollution.

       (b)   Material storage:  No person shall operate or maintain, or cause to be operated or maintained, any building, structure, premises, open area, right-of-way or enterprise which contains, uses or involves any substance or material that may become airborne or be scattered by the wind without taking reasonable precautions to minimize air pollution.

       (c)   Material piles:  Owners of construction sites or any general contractor or subcontractor working on construction sites shall employ dust control measures for material piles.  These measures shall ensure that no visible dust or dirt from material piles migrates off the construction site or onto the public ways.  Work with material piles shall be suspended as necessary during high winds (in excess of 15 miles per hour) unless alternate measures are implemented to effectively control dust.

       (d)   Track out onto the public way: Property owners or any general contractor or subcontractor working on construction sites shall ensure that mud, dirt, and other debris is not tracked out onto the public way.  The commissioner or the commissioner of the department of streets and sanitation may require property owners, general contractors and subcontractors to employ a street sweeper, water truck, truck wash, or other device to control the track out of mud, dust, and debris onto the public way.

       (e)   Rules and regulations.  The commissioner is authorized to promulgate additional rules and regulations for the proper management of any substance or material that may become airborne or be scattered by the wind.

       (f)   Enforcement.  The department of health and the department of streets and sanitation are authorized to enforce the provisions of this section.

    Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-760, which pertained to smoke and gases from internal combustion engines of vehicles.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)