Arizona Revised Statutes § 49-411 Particulate Measures; Cities, Towns, Counties, Departments; Implementation; Report

49-411. Particulate measures; cities, towns, counties, departments; implementation; report

A. On or before March 30 of each calendar year, cities and towns in area A as defined in section 49-541 shall submit a report regarding the following activities to the department on a form developed by the director as prescribed in subsection F of this section:

1. Paving of unpaved roads and shoulders as prescribed in section 9-500.04, subsection A, paragraph 3.

2. Restrictions on the use of leaf blowers as prescribed in section 9-500.04, subsection A, paragraph 5, except those activities exempted under section 9-500.04, subsection H.

3. Restrictions on parking, maneuvering, ingress and egress areas and vacant lots as prescribed in section 9-500.04, subsection A, paragraphs 6, 7 and 8, except those activities exempted under section 9-500.04, subsection H.

4. Certification and use of street sweepers as prescribed in section 9-500.04, subsection A, paragraph 9.

5. Off-road vehicle ordinances and compliance as prescribed in section 9-500.27.

B. On or before March 30 of each calendar year, each county in area A as defined in section 49-541 that has adopted rules pursuant to section 49-479 regarding the following activities shall submit a report to the department on a form developed by the director as prescribed in subsection F of this section:

1. No burn restrictions for any high pollution advisory day as prescribed in section 11-871, subsections B and D.

2. Restrictions on the use of leaf blowers by county employees and contractors and use by private persons in that county as prescribed in section 11-877.

3. Paving of unpaved roads and shoulders as prescribed in section 49-474.01, subsection A, paragraph 4.

4. Restrictions on parking, maneuvering, ingress and egress areas and vacant lots as prescribed in section 49-474.01, subsection A, paragraphs 5, 6 and 7.

5. Certification and use of street sweepers as prescribed in section 49-474.01, subsection A, paragraph 8.

6. Requirements for dust control training and site coordinators for dust control at locations at which dust control permits are required as prescribed in section 49-474.05.

7. Requirements for dust control permit subcontractor registration as prescribed in section 49-474.06.

C. On or before March 30 of each calendar year, the department of transportation shall submit a report to the department of environmental quality on a form developed by the director pursuant to subsection F of this section. The report shall cover restrictions or requirements in contracts or requests for proposals, bids or other construction and service activities overseen by the department in area A as defined in section 49-541 including any requirements incorporated by reference to state law, county ordinance or rule or to a city or town ordinance or rule and required to be contained in bids, requests or contracts or in the administration of other department matters.

D. On or before March 30 of each calendar year, the appropriate departments or agencies responsible for enforcing restrictions on off-highway vehicles, all-terrain vehicles and off-road recreational motor vehicles during high pollution advisory days as prescribed in section 49-457.03 shall submit a report regarding those activities to the department on a form developed by the director pursuant to subsection F of this section.

E. On or before March 30 of each calendar year the department of environmental quality shall prepare a report of its activities related to the following:

1. Development and dissemination of air quality dust forecasts as prescribed in section 49-424, paragraph 11.

2. Production and distribution of printed materials to persons who sell or rent leaf blowers as prescribed in section 49-457.01, subsection F.

3. Production and distribution of printed materials to persons who sell or rent off-highway vehicles, all-terrain vehicles and off-road recreational motor vehicles as prescribed in section 49-457.04, subsections B and C.

4. Dust action general permits including best management practices for regulated activities before and during a day that is forecast to be at high risk of dust generation and at moderate risk of dust generation as prescribed in section 49-457.05, subsections B, C and D.

F. The director shall develop a form to be used for reports required pursuant to this section. The reports prescribed by this section shall contain a narrative description that identifies the type of employee or contractor who performs any inspection, enforcement, training or other actions related to the listed activity and a narrative description of the scope and frequency of the activity.

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Last modified: October 13, 2016