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 thab 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