HomeMy WebLinkAboutRes 2004-63 RESOLUTION NO. 2004-63
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, IMPLEMENTING MEASURES TO REDUCE
REENTRAINED DUST EMISSIONS FROM TARGETED PAVED ROADS IN
THE REVISED PM-10 STATE IMPLEMENTATION PLAN FOR THE SALT
RIVER AREA.
WHEREAS, the Maricopa County nonattainment area has been classified as a Serious
Area for PM-10 particulate matter; and
WHEREAS, the Maricopa County nonattainment area continues to record violations of
the federal standards for PM-10; and
WHEREAS, the Arizona Department of Environmental Quality has prepared a revised
State Implementation Plan for the Salt River Area to address continued violations on the 24-hour
PM-10 standard; and
WHEREAS, additional control measures are required to reduce reentrained dust
emissions from paved roads in the Salt River Area and similar sources elsewhere in the PM-10
nonattainment area; and
WHEREAS, ARIz. REV. STAT. § 49-406 (G) requires that each agency that commit to
implementing a control measure by describing that commitment in a resolution actor ted by the
governing body which specifies (i) its authority for implementing the measure as provided in
statute, ordinance, or rule, (ii) a program for enforcement of the measure and (iii) the level of
personnel and funding allocated to the implementation of the measure.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Council of the Town of Fountain Hills (the "Town Council")
agrees to proceed with a good faith effort to implement the measures identified in Exhibit A,
attached hereto and incorporated herein by reference.
SECTION 2. That the Town Council commits to implementing the measures as
scheduled and with the funding sources identified in Exhibit A. Recognizing, however, that the
availability of necessary funding may depend on the funding programs or processes of various
state and federal agencies, the Town of Fountain Hills agrees to consider modifications of the
funding or schedules for implementation actions, if necessary.
SECTION 3. That the Mayor, the Town Manager the Town Clerk, and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps
necessary to carry out the purpose and intent of this Resolution.
(harp,
9196.001\...\2004-63 PM-I0.res.doc
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, November 18, 2004.
FOR THE TOWN OF FOU1TAIN HILLS: ATTESTED TO:
('/ 7
W. J. NiclLs, Mayo Bevelyn J. Be er, own Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
L
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11.10.2004-1
2
TOWN OF FOUNTAIN HILLS
REDUCTION OF REENTRAINED DUST EMISSIONS COMMITMENT
EXHIBIT A
Measure Title: 04-DC-1 Reducing Reentrained Dust Emissions from Targeted Paved Roads
Measure Description: The Town of Fountain Hills has developed a protocol to reduce reentrained
dust emissions from paved roads that typically experience a high level of soil deposition. The
protocol:
• Identifies targeted "high dust" arterials and collectors and increases sweeping frequencies
with PM-10 efficient sweepers to reduce the reentrained dust emissions from these roads;
• Describes how the protocol constitutes an enhancement or improvement over the
commitment made in the Revised MAG 1999 Serious Area Particulate Plan for PM-10 for
the Maricopa County Non-attainment Area, February 2000;
• Addresses trackout associated with facilities and activities regulated by Maricopa County,by
notifying the County when rule violations are observed; and
• Provides for the annual reevaluation of the protocol.
Responsible Agency and Authority for Implementation: The Town of Fountain Hills Fountain Hills,
Street Department,is responsible for implementing this control measure. The Town is authorized
to implement this measure by the following:
Arizona Revised Statutes (A.R.S.), Section 9-240, General Powers of Council
Arizona Constitution, Article 13, Section 2
A.R.S., Section 28-626: Uniform Application of Laws Throughout State
A.R.S., Section 28-627: Powers of Local Authorities
Town of Fountain Hills Code
Implementation Schedule: The protocol will be provided to the Maricopa County Environmental
Services Department(MCESD)and the Arizona Department of Environmental Quality(ADEQ) and
will be implemented by February 2, 2005. One PM-10 efficient street sweeper will be required to
provide sweeping in accordance with the protocol. This sweeper will be purchased and deployed
when available through the MAG CMAQ funded program.
Level of Personnel and Funding Allocated for Implementation: The FY 2005-06 Town budget will
include$30,000 matching funds for the purchase of one PM-10 efficient street sweeper as maching
funds for the MAG sweeper purchasing program. There are also adequate resources contained in the
town budget to fund a full time driver for this sweeper.
Enforcement Program: A.R.S. Section 49-406 grants Maricopa County and ADEQ the authority to
enforce measures identified in the non-attainment area plans.
Monitoring Program: A reevaluation of the protocol for reducing PM-10 emissions from "high
dust"paved roads will be conducted annually by The Town of Fountain Hills. The reevaluation will
be submitted to MCESD and ADEQ,by February 2 of each year,beginning in 2006. The Town will
also submit progress reports on measure implementation to MCESD or ADEQ, upon request.
E:\Dept Corr\Randy\PM-10 State Implementation Plan.doc