Section 33.1-15-17-03 - Reasonable precautions for abating and preventing fugitive particulate emissions1. Unpaved roads and unpaved parking areas. Abatement and preventive measures include frequent watering, addition of dust palliatives, detouring, paving, closure, speed control, or other means such as surface treatment with penetration chemicals (ligninsulfonates, oil, water, cutbacks, etc.) or methods of equal or greater effectiveness in reducing the air contamination produced.2. Demolition, wrecking and explosive detonation activities, earth and construction material moving, mining, and excavation activities. a. Abatement and preventive fugitive particulate control measures include: (1) Wetting down, including prewatering.(2) Landscaping and replanting with native vegetation.(3) Covering, shielding, or enclosing the area.(4) Paving, temporary or permanent.(5) Treating, the use of dust palliatives and chemical stabilization.(7) Restricting the speed of vehicles on sites.(8) Preventing the deposit of dirt and mud on improved streets and roads.(9) Minimizing topsoil disturbance and reclaiming as soon as possible.b. Sequential blasting be employed whenever or wherever feasible to reduce the amounts of particulate matter.c. Such dust control strategies as revegetation, delay of topsoil disturbance until necessary, or surface compaction and sealing, be applied.d. Haulage equipment be washed or wetted down, treated, or covered when necessary to minimize the amount of dust becoming airborne in transit and in loading.e. Stockpile of materials be treated to prevent blowing or the material be contained in silos or other suitable enclosures.f. Waste disposal sites be so operated and constructed as to prevent particulate matter from becoming airborne.g. All conveyors, transfer points, crushers, screens, and dryers be so constructed, protected, or treated as to prevent particulate matter from becoming airborne.h. These measures also be used during periods when actual construction work is not being conducted, such as on weekends and holidays.N.D. Admin Code 33.1-15-17-03
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21