Section 20-605. CONTROL OF FUGITIVE DUST

 

605.1Reasonable precautions shall be taken to minimize the emission of any fugitive dust into the outdoor atmosphere. The reasonable precautions shall include, but not be limited to, the following:

 

(a)In the case of unpaved roads, unpaved roadways, and unpaved parking lots;

 

(1)Use of binders, chemicals, or water in sufficient quantities and at sufficient frequencies to prevent the visible emission of dust due to the movement of vehicles or of the wind; and

 

(2)Prompt clean-up of any dirt, earth, or other material from the vicinity of the road, roadway, or lot which has been transported from the road, roadway, or lot due to anthropogenic activity or due to natural forces.

 

(b)In the case of paved roads, paved roadways, and paved parking lots: Maintenance of the road, roadway, lot, or paved shoulder in a reasonably clean condition through reasonably frequent use of water, sweepers, brooms, or other means, through reasonably frequent removal of accumulated dirt from curb-side gutters, through reasonably prompt repair of pavement, or through any other means;

 

(c)In the case of vehicles transporting dusty material or material which is likely to become dusty:

 

(1)Fully covering the material in question, with a tarpaulin or other material; and

 

(2)Operation, maintenance, and loading of the vehicle, distribution of the loaded material on or in the vehicle, and limiting the quantity of material loaded on or in the vehicle, so that there will be no spillage of the material onto the roads;

 

(d)In the case of vehicles which accumulate dirt on the wheels, undercarriages, and other parts of the vehicle, due to the movement of the vehicle on dusty, dirty or muddy surfaces: Water washing of all of the dirty parts of the vehicle to thoroughly remove the dirt before or immediately after the vehicle leaves the dusty, dirty, or muddy surface;

 

(e)In the case of the demolition of buildings or structures: Use, to the extent possible, of water;

 

(f)In the case of removal of demolition debris which is dusty or likely to become dusty: Use of water to thoroughly wet the material before moving or removing the material and keeping it wet or otherwise in a dust-free condition until eventual disposal;

 

(g)In the case of loading and unloading of dusty material and in the case where dry sand-blasting or dry abrasive cleaning is necessary: Use of enclosed areas or hoods, vents, and fabric filters. If it is shown to the satisfaction of the Mayor that use of enclosed areas, hoods, vents, and fabric filters is not possible, alternate control techniques acceptable to the Mayor and designed to minimize the emissions to the extent possible shall be utilized; and

 

(h)In the case of stockpiles of dusty material: Use, where possible, of closed silos, closed bins or other enclosures which are adequately vented to fabric filters. Where the use of closed silos, closed bins, or other enclosures is not possible, thorough wetting of the material before loading onto the stockpile and keeping the stockpile wetted, covered, or otherwise in a non-dusty condition.

 

605.2The emission of fugitive dust from the following is prohibited:

 

(a)Any material handling, screening, crushing, grinding, conveying, mixing, or other industrial-type operation or process;

 

(b)Heater-planers in repairing asphaltic concrete pavements;

 

(c)Portable tar-melters, unless close-fitting lids, in good repair, for the tar-pots are available and are used;

 

(d)The ventilation of any tunnelling operation; or

 

(e)The cleaning of exposed surfaces through the use of compressed gases.

 

605.3.All persons shall comply with the provisions of this section and those of the Soil Erosion and Sedimentation Control Act of 1977, (D.C. Law 2-23).

 

605.4In those circumstances where it is not possible to comply with specific provisions of both this section and the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23), the provisions of the Soil Erosion an Sedimentation Control Act of 1977 (D.C. Law 2-23), shall prevail.

 

source

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 605, 32 DCR 565, 610 (February 1, 1985).