Like it or not, Valley contractors must learn and understand their obligations with respect to dust-control. Increased awareness and a commitment to developing and implementing a dust-control plan will go far to minimize the loss of time and money that can result from non-compliance.

This is a rapidly changing issue that requires contractors' ongoing attention. To help contractors keep their primary focus on their business, Lang Baker & Klain has developed resources that may prove useful to contractors in complying with the County's mandate and in mitigating the financial penalties of non-compliance.

Recent Developments

In recent years, Maricopa County Air Quality Department (MCAQD) has increased the number of compliance inspectors. Additionally, MCAQD has revised the local air-quality rules to include more stringent standards for fine particulate matter and to refine detection methods for determining pollutant concentrations.

Stricter Rules. The regulatory burden grew heavier in 2008, when subcontractors became regulatory targets and the County deployed an expanded inspection force. These new measures (see a one-page summary) include limiting track-out, cutting time between when land is cleared and construction started, and prohibiting visible dust from crossing property lines.

Highlights of the new measures that affect subcontractors include:

• Subcontractors must register, pay a $50 fee, and receive a registration number.

• Failure to register and/or properly post your registration number will probably result in a fine.

• The County may issue violation notices to subcontractors who do not comply with dust control regulations.

• Subcontractors must receive a copy of the contractor’s Dust Control Permit and Dust Control Plan.

• Water truck and water pull drivers must receive Basic Dust Control Training, and refresher training is required every three years.

• Contractors must maintain an updated written record at every construction site of all subcontractors’ names and registration numbers.

See also: Subcontractor FAQs from the Maricopa County Air Quality Department

Dust-Control Planning

To comply with the crackdown on dust emissions, local contractors and developers must implement effective control measures and work strategies. (Subcontractors are not required to have a dust-control plan, per se, but, as noted above, they must register and pay a fee. In addition, subcontractors can be cited for violations of their own making.) Developing a plan usually begins with a dust-control permit, which the County requires on all jobsites that will disturb more than a tenth of an acre.

To obtain a permit, a contractor must first submit a dust-control plan for County approval. A dust-control plan involves the implementation of control measures before, during and after conducting any dust-generating operation. (On sites larger than five acres, the permit holder must designate an employee responsible for dust-control plan compliance.) Common control measures include watering, using wind barriers, maintaining and cleaning vehicles, chemically stabilizing the soil, and using track-out control devices. To develop a dust-control plan and contingency measures, it may be useful to engage the services of an environmental consulting firm.

The MCAQD website offers current information on dust compliance and related applications/forms, rules/regulations and answers to frequently asked questions

Once a dust-control plan has been formulated, it is the contractor’s responsibility to:

• read and understand the dust-control permit and plan and have them available at the jobsite;

• implement the dust-control plan and ensure that all employees, workers and subcontractors know their responsibilities;

• use contingency control measures when primary controls are ineffective;

• monitor the worksite for compliance with the dust-control plan; and

• keep a daily log monitoring the implementation and effectiveness of the control measures.

While it is not officially required, contractor designation of a dust-control site coordinator has shown to be a sound and, for all practical purposes, necessary component of a dust-control plan. The site coordinator must have authority over dust issues, and he should have a fully trained backup to serve in his capacity during his absence.

The consequences of noncompliance are not limited to the fines discussed earlier. Any entity or person who violates the MCAQD rules may be subject to injunctive measures that bring all work to a halt. Further, violators may be subject to misdemeanor or felony charges. Moreover, if a contractor fails to comply, the owner or developer may also be held responsible for the violation.