Fugitive Dust Ordinance 

NEW!

Who is regulated: All businesses, non-profits organizations, churches, and other such institutions and residential structures containing five or more household units.  Does not include single- and two-family dwellings. A Fugitive Dust (FD) plan is required for all new construction.  Possible dust generating operations include: 

• Weed abatement
• Freight and trucking
• Construction and demolition sites
• Outdoor Storage (greater than 5 acres)
• Manufacturing and processing facilities 

What is required: Owner/operator must submit a FD plan detailing how not to generate an opacity greater > 5% onsite or greater than > 0% offsite.  Revise/update that plan when operations change or as requested by BSEED.

How it works: 

• A FD plan may be required as part of the commercial annual inspection; businesses receive every two years.
• A FD plan is required for any permit for dust generating activities.
• After a permit is issued, inspectors may require a FD plan if dust is being generated.

BSEED has authority/responsibility to monitor and inspect to ensure compliance.

What’s in a Fugitive Dust Plan: 

• Name and address of the community establishment
• Community establishment designee
• Owner of the property contact information
• Person responsible for implementing the plan contact information
• Dates and periods of time during which dust is expected to be generated

Site map drawn to scales depicting the following:

• Community establishment boundaries
• All buildings, internal roadways, and utilities
• All roadways and transportation corridors within ¼ mile of the perimeter
• All potential emission points
• A detailed description of operations which are expected to generate dust
• Dust control measures, and their maintenance.
• The training provided to staff regarding dust control measures

A monitoring plan includes the following:

• The schedule and plan for testing
• The contingency plan when the fugitive dust exceeds action levels. The response activities should consist of a range of increasingly aggressive measures
• A fact sheet or executive summary of the FD plan designed to inform the public
• High wind events (>20 mph): dust generating activities must be suspended unless alternate measures are implemented to control dust.
• Recordkeeping: record of water and/or chemical stabilization applications and note if they are ever suspended, suspension of activities due to high wind events

Report Fugitive Dust:

[email protected]

(313) 628-9994

Bulk Solid Material Storage

On October 31, 2017, the Detroit City Council passed an ordinance amendment to, then Chapter 22 of the City Code that regulates the storage of bulk solid materials. The 2019 Recodification of the City Code moved this ordinance to Chapter 42: Solid Waste and Illegal Dumping. 

The goal of the ordinance is to minimize the amount of fugitive dust released into the air. Bulk solid materials are any solid materials that can be used as a fuel or as a component in a manufacturing or construction process that may create fugitive dust.  

The ordinance amendment also requires that certain materials that are primarily carbon like coal, petroleum coke, or metallurgical coke are stored completely within a structure.

STEP BY STEP GUIDE TO OBTAINING A GENERAL/ALTERNATE COMPLIANCE CERTIFICATE OF OPERATION
Step 1. Preparing All Documentation Needed for Application

The applicant [i.e. Owner/Operator (O/O)] prepares all of the necessary documentation beforehand to submit. Depending on the type of certificate, General Compliance or Alternate Compliance, the applicant will have different requirements for applying and fees. Below are the requirements to be met as laid out in Chapter 42 of the City of Detroit Codes and Ordinances:

• General Compliance Fugitive Dust Plan Requirements
• Alternative Compliance Operating Plan Requirements
• Alternative Compliance for Scrap Processors
• Additional Requirements for Carbonaceous Materials Bulk Storage
• Alternative Compliance for Qualified Bulk Solid Material

Step 2. How to Submit Application (NEW)

The Buildings, Safety Engineering and Environmental Department is pleased to announce we are moving Bulk Solid Permitting online into the electronic Licensing and Permit  System (eLAPS). The application for permit is located under the header of Code Enforcement. Record type will be found in Environmental Affairs. The application for Bulk Solid Materials can be completed there.  This improvement allows you to apply for permit renewal, upload required documents and pay fees. 

Step 3. How to Pay Application Fee

EA will review the application for content and completeness. The applicant will be contacted if there are any insufficiencies in their application via the supplied phone number or email. Once the application has been deemed to be sufficient an invoice will be generated by EA and sent to the applicant via email. The applicant has 30 days from the invoice being generated to pay their outstanding fees. 

Step 4. Preparing for Inspection

At the same time that the invoice has been generated, EA will reach out to the applicant to schedule the initial site inspection. The site inspection should take place within the 30 day period to pay fees. As part of the site inspection, the O/O should have prepared:

• A copy of the Fugitive dust control plan/Permit to Install
• Dust control logs from the past three years minimum
• Air monitoring logs (if applicable)

If a variance is requested, a public hearing will be scheduled and all evidence collected from the inspection will be presented at the hearing. There will be a public comment period and a decision for variance will be given within 30 days of the hearing.

Step 5. Receiving the General/Alternate Compliance of Operation

After the inspection and all fees have been paid a General Compliance or Alternate Compliance Certificate of Operation will be generated by EA. The permit will be sent to the O/O via mail. The permit is good for one (1) year, at which time the certificate will have to be renewed with EA. As part of the permit compliance a semiannual inspection will be scheduled every six months with the O/O by EA.