City of Fort Collins Municipal Code – Proposed changes for fugitive dust
Chapter 12 Health and Environment
Article X. Particulate Matter Emissions
12-144. Purpose.
The purpose of this article is to protect human health, property, sensitive vegetation, and waters of the
state from adverse impacts and to prevent visibility impairment and safety hazards caused by emissions
of particulate matter into the air from human activities.
12-145. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to
them in this Section.
Dust Prevention and Control Manual shall mean the Dust Prevention and Control Manual that describes
applicable dust control measures as adopted by Council per Ordinance ____and any subsequent
revision.
Dust control measure shall mean any action or process that is used to prevent or mitigate the emission
of fugitive dust into the air.
Dust generating activity or source shall mean a process, operation, action, or land use that creates
emissions of fugitive dust and causes an air pollution nuisance pursuant to Municipal Code§20-1 or
causes off-property or off-vehicle transport and has the potential to adversely impact human health,
property, sensitive vegetation or waters of the state; impair visibility; or create a safety hazard including
but not limited to; earthmoving, demolition and renovation, stockpiles, street sweeping, bulk materials
transport, open areas, parking lots, unpaved roads, haul roads, saw cutting, grinding, abrasive blasting,
and leaf blowing.
Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural
forces but is not emitted through a stack, chimney, or vent and includes fugitive particulate emissions as
defined in Colorado Air Quality Control Commission Regulation No. 1.
Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured
at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport
and available from the National Weather Service or as measured onsite with a portable or hand-held
anemometer.
Off-property transport shall mean the visible emission of fugitive dust beyond the property line of the
property on which the emission originates or the project boundary when the emission originates in the
public right-of-way or on public property.
Off-vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting
dust generating materials on a public road or right-of-way.
Particulate matter shall mean any material which is emitted into the air as finely divided solid or liquid
particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols, and mists.
DRAFT – do NOT cite or quote
12-146. Prevention of fugitive dust emissions.
(a) Any person who conducts or an owner or operator of, a dust generating activity or source shall use
all available dust control measures that are technologically feasible and economically reasonable to
prevent off-property transport or off-vehicle transport of fugitive dust emissions.
(b) It shall not be considered a violation of this section if off property transport of fugitive dust emissions
occurs while all available dust control measures are being implemented or during a period of local wind
speeds greater than 30 miles per hour.
12-147. Dust Prevention and Control Manual.
Any person who conducts, or an owner or operator of, a dust generating activity or source shall comply
with the provisions of the Dust Prevention and Control Manual.
Sec. 12-148 – 12-158. Reserved
12-159. Violations and penalties.
Any person who violates § 12-146 through §12-147 of this Article, commits a civil infraction and is
subject to the penalty provisions of Subsection 1-15(f).
DRAFT – do NOT cite or quote