South Coast Air Quality/PM10 Dust 03c �+y o4 L.a (AA i ntcc
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CWS COPS'
r;,3 �mom
When the attached document is fully
executed, please forward the copy
marked "CLERKS C Y" to the office of
the Clerk of the Board of ervisors.
MEMORANDUM OF UNDERSTANDINI Thank you
ESTABLISHING AN ONGOING, MULTI -JURISDICTIONAL
RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION,
AND ENFORCEMENT OF FUGITIVE DUST CONTROL
MEASURES IN THE COACHELLA VALLEY
This Memorandum of Understanding made the Q day of _, 2004, is entered into
by the County of Riverside, Cathedral City, City of Coachella, City of Desert Hot Springs, City of Indian
Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, and City of Rancho
'Mirage (collectively, CITIES), the Coachella Valley Association of Governments (CVAG) and the South
Coast Air Quality Management District (District).
I. This Memorandum of Understanding (MOU) is made with reference to the following recitals:
A. Air pollution remains a significant public health concern in many parts of California, and
specifically in the Coachella Valley.
B. The Coachella Valley consists of the following local jurisdictions:
County of Riverside, Cathedral City, City of Coachella, City of Desert Hot Springs, City of
Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, and
City of Rancho Mirage. Each of these jurisdictions are members of the CVAG.
C. The District is an air district established pursuant to the California Health and Safety Code,
beginning with Section 40400. Under State law, air districts have the primary responsibility
for the control of air pollution from all sources, other than tailpipe emissions from motor
vehicles. The District has the authority to adopt, implement, and enforce air quality rules and
regulations; and, by prior agreement, the responsibility to provide technical expertise, outreach
training, and enforcement support to the local agencies within its jurisdiction.
D. The CITIES that comprise the CVAG have local authority for controlling dust emissions from
construction. activities, disturbed vacant lands, unpaved roads and parking lots, and paved road
dust. By prior agreement, these jurisdictions have lead responsibility for enforcing both local
ordinances and approved Fugitive Dust Control Plans.
E. The transport of fugitive dust, as a result of man-made activities, is an ongoing challenge to
promoting economic growth and meeting federal standards for airborne fugitive dust (PM 10)
in the Coachella Valley. The health impacts and public nuisance potential of uncontrolled dust
are a recognized concern of everyone who works or lives in this environment.
F. PM10 levels in the Coachella Valley exceeded the federal standard in 1999 after six years of
compliance. To reduce these levels and regain attainment status, the CITIES have individually
adopted ordinances with measures for reducing fugitive dust emissions.
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G. A key element to implementing a successful program for reducing PM 10 emissions and
demonstrating sustained compliance is to establish a formal working relationship between the
CITIES, CVAG and the District.
H. Based on the foregoing, an ongoing cooperative relationship is hereby established between the
CITIES, CVAG and the District to ensure the development and implementation of appropriate
dust control plans, to comply with District regulations, to comply with the Federal Clean Air
Amendments (CAA) mandates, and to help achieve attainment of federal and state air quality
standards.
II. NOW, THEREFORE, in consideration of the mutual interests and benefits to be derived from
the *emissions reductions resulting from cooperative efforts of the CITIES, CVAG, and the
District, the parties hereto agree as follows:
A. The CITIES will:
1. Take lead responsibility for adopting and enforcing both local ordinances and approved Dust
Control Plans. A Dust Control Plan is a plan to control fugitive dust through the
implementation of Coachella Valley Best Available Control Measures, such that fugitive dust
emissions are in compliance with District Rule 403.
2. Approve Dust Control Plans for all qualifying activities or man-made conditions capable of
generating fugitive dust emissions within their area of authority.
3. Follow the guidance provided in the most recently approved Coachella Valley Fugitive Dust
Control Handbook (Handbook), and uniformly implement and enforce the Handbook
provisions in the review and approval of Dust Control Plans.
4. After April 1, 2004 approve a Dust Control Plan only to an Operator who produces a signed
"Certificate of Completion," issued by the District, demonstrating that the individual officially
designated in the proposed Dust Control Plan as the person responsible for fugitive dust
control at the site has completed the Coachella Valley Fugitive Dust Control Class. For
purposes of this MOU, the term "Operator" includes any person, or his or her designee, that
owns, leases, operates, controls, or supervises any potential fugitive dust generating operation
that is subject to this MOU.
5. Require that the Operator submits two (2) copies of the approved Dust Control Plans, for those
sites greater than or equal to ten (10) acres, to the District within ten (10) days from the date of
approval for use by the District's compliance staff.
6. Issue an approved Dust Control Plan within a reasonable period of time. The City shall
inspect each site to determine compliance with the approved Dust Control Plan at least every
thirty (30) days from the .start of the project. In addition, a dust control inspection shall be
performed by the city within seven (7) days of receiving a notice of project initiation or a
notice of project completion.
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7. Require a bond from each Operator. (For Riverside County, the County's Department of
Building and Safety will determine the amounts of the bond in accordance with its existing
policies and procedures.)
8. Immediately notify the District when a site is "red tagged," or shut down, or cited for non-
compliance with a local ordinance or Plan condition.
9. Ensure that, when a site is "red tagged," all construction and earth -moving activity ceases and
all efforts are directed to mitigating fugitive dust through the application of water or dust
suppressants.
10. Provide the Operator with specific information regarding the steps that must be taken before a
site will be "un-tagged."
11. Require conspicuously placed signs that identify a manned 24-hour phone number for
reporting dust complaints to the Operator, based on the most recently approved Handbook
guidelines.
12. Require an Environmental Observer, with the authority to enforce the Dust Control Plan, at all
sites greater than or equal to fifty (50) acres. The Environmental Observer will have duties
and responsibilities in accordance with the local dust control ordinance and the Coachella
Valley Fugitive Dust Control Handbook. Identification of an Environmental Observer shall be
a prerequisite for approval of the Dust Control Plan. Failure of the Operator to continuously
maintain an Environmental Observer at the site or available on -site within 30 minutes of initial
contact shall constitute a violation of the Dust Control Plan.
13. Require all appropriate enforcement staff with duties and responsibilities relating to the
enforcement of local dust control ordinances and approved Dust Control Plans to attend and
complete the District's Coachella Valley Fugitive Dust Control Class.
14. Require that the staff person responding to a dust complaint have code enforcement status, or
the authority to enforce a local ordinance or Plan.
15. Require staff who review and/or approve Dust Control Plans to attend and complete the
District's Coachella Valley Fugitive Dust Control Class.
16. Assign a staff member with the single responsibility of determining compliance with local
Dust Control Plans and ordinances at earth moving activities. If such an individual 'cannot be
assigned, the jurisdiction will provide documentation to the District (i.e. policy guidance
documents, certificates of staff attendance at the District's Coachella Valley Dust Control
Class) demonstrating that the existing staff have been trained and informed of the high priority
regarding handling of fugitive dust issues, and ensuring that the fugitive dust program will
receive comparable or better coverage than can be provided by a single dedicated .individual.
17. Conduct random, unannounced inspections at construction sites. The purpose of the site
inspection will be to determine compliance with an approved Dust Control Plan, determine
compliance with the local ordinance, and ensure that the project supervisor has read and
understands the Plan.
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18. Develop and maintain record -keeping logs for each site that document all compliance actions
taken by the City, including the implementation of corrective measures required to enforce an
approved Dust Control Plan. These records shall be made available to District staff upon
request.
19. Adopt by ordinance a penalty program for violators of Dust Control Plans or local ordinances
where the initial violation will be established at a level that ensures progressive penalties for
repeated violations. The penalty for three or more violations within a one year period shall be
prosecuted at a minimum level consistent with a misdemeanor violation. The use of verbal
warnings shall be discontinued.
20. Coordinate site inspections with the District so that both jurisdictions can evaluate instances of
non-compliance with any ordinances, plans, or regulations.
21. Provide the District with an inventory of public unpaved roads and unpaved parking lots
within each of their jurisdictions within 90 days of the MOU's effective date. The inventory
shall include: the location and average daily traffic estimates of unpaved roads; and. location
and size (in square feet) of unpaved parking lots.
22. Take measures (signage or speed control devices) to reduce vehicular speeds to 15 miles per
hour on unpaved public roads with between 20 and 150 average daily trips within 60 days of
submitting the unpaved road and unpaved parking lot inventories to the District.
23. Where City owns a cumulative distance of six or less miles of public unpaved roads with each
segment having 150 or more average daily trips, pave such roads or apply and maintain
chemical dust suppressants in accordance with the manufacturer's specifications for a travel
surface and the performance standards established in the city's respective dust control
ordinance based on the following schedule:
a. one-third of qualifying unpaved roads within one year of ordinance adoption; and
b. remainder of qualifying unpaved roads within three years of ordinance adoption. (Note:
treatments in excess of annual requirements can apply to future years.)
24. Where a City owns a cumulative distance of more than six miles of public unpaved roads with
each segment having 150 or more average daily trips, stabilize such roadways based on the
following schedule:
a. at least two miles paved or four miles stabilized with chemical dust suppressants in
accordance with the manufacturer's specifications fora travel surface and the performance
standards established in the local dust control ordinance within one year of the MOU's
effective date; and
b. at least two miles paved or four miles stabilized with chemical dust suppressants in
accordance with the manufacturer's specifications for a travel surface and the performance
standards established in the local dust control ordinance annually thereafter until all
qualifying unpaved roads have been stabilized. (Note: treatments in excess of annual
requirements can apply to future years).
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25. Stabilize within six months of the MOU's effective date unpaved public parking lots with at
least one of the following strategies:
a. pave; or
b. apply and maintain dust suppressants in accordance with the manufacturer's specifications
for a travel surface and the performance standards established in their respective dust
control ordinance; or
c. apply and maintain washed gravel in accordance with the performance standards
established in their respective dust control ordinance.
26. Apply and maintain any temporary unpaved public parking lots (those that are used 24 days or
less per year) with chemical dust suppressants, in accordance with the manufacturer's
specifications for a travel surface and the performance standards established in their respective
dust control ordinance prior to any 24-hour period when more than 40 vehicles enter and park.
Temporary unpaved parking lots greater than 5,000 square feet will be stabilized in accordance
with the disturbed vacant land requirements contained in the local dust control ordinance
during non -parking periods.
B. The DISTRICT will:
1. Approve and issue Fugitive Dust Control Plans for operations that do not require a local
jurisdiction's grading permit or building permit (such as, aggregate producers, landfills,
schools, water districts, California Department of Transportation, and flood control
maintenance activities).
2. Respond to fugitive dust complaints and take any appropriate measures for non-compliance
with District rules and regulations, Dust Control Plan conditions, or local ordinance
requirements.
3. Continue to provide outreach and training in the form of Coachella Valley Fugitive Dust
Control classes, offered at no charge, to all interested parties.
4. Issue Certificates of Completion to each individual who completes the Coachella Valley
Fugitive Dust Control Class. This Certificate and the accompanying wallet -sized card are
valid for two years and may be renewed by submitting a request to the District. Upon
approval by the District, this renewal will be valid for an additional two years.
5. Develop and implement an abatement and enforcement policy that addresses repeat violations
at the same site of District fugitive dust control regulations.
6. Assign an inspector to conduct inspections exclusively in the Coachella Valley, provide
outreach and training in the form of the Coachella Valley Fugitive Dust Control Class, and
respond to fugitive dust complaints.
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Im
ADDITIONAL CONDITIONS AND REQUIREMENTS
1. Any party hereto has the right to terminate its participation in this MOU for any reason by
giving thirty (30) days notice in writing to each party to this MOU.
2. This MOU may be amended or supplemented by mutual agreement effectuated in writing and
duly executed by the parties.
3. This MOU shall be in full force and in effect when signed by all parties.
4. The signature page of this MOU is being executed in counterparts. When all parties have
signed, all executed counterparts taken together shall constitute one and the same instrument.
CVAG shall be responsible- for receiving and retaining the originally executed signature pages
of each party, for dating the MOU as of the latest date upon which it is executed as among the
signatories thereto, and for providing a copy of the dated executed agreement to each of the
parties.
5. This MOU integrates all of the terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the parties.
6. Each party acknowledges that it has had ample opportunity for review and approval of this
document by its attorney, and that any waiver of representation is a result of independent
decision.
7. Each party hereby warrants that its participation and execution of this MOU has been duly
approved by its governing board.
8. All notices, requests and other communications under this MOU shall be in writing, and shall
be (a) delivered personally, (b) sent via FedEx or similar private express mail service
(hereinafter "FedEx"), (c) sent via facsimile, or (d) mailed, certified or registered mail, return
receipt requested, postage prepaid, and addressed as follows:
South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Coachella Valley Association of Governments
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
County of Riverside
4080 Lemon Street, 14`h Floor
Riverside, CA 92502
Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
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City of Coachella
1515 61h Street
Coachella, CA 92236
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210-7497
City of Indio
100 Civic Center Mall
Indio, CA 92201
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
City of Rancho Mirage
69-825 Highway I I I
Rancho Mirage, CA 92270
9. It is hereby agreed that no official, employee, or agent of any of the parties hereto shall have
any personal interest, direct or indirect, in this MOU, nor shall any such official, employee, or
agent participate in any decision relating to the MOU which affects his or her personal
interests or the interests of any corporation, partnership or association in which he or she is
directly or indirectly interested.
10. Neither party may assign any right or obligation under this MOU without the express written
approval of the other parties.
11. This MOU shall be binding upon and shall inure to the benefit of the successors of each of the
parties hereto.
12. This MOU shall be construed and interpreted in accordance with the laws of the State of
California. Venue for resolution of any disputes under this MOU shall be in Los Angeles
County.
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13. In the event that any party fails to fulfill its obligations under this MOU, such party shall have
thirty (30) days to cure its default upon written demand by any other party. Upon failure to
cure any default, each party to this MOU shall have all such rights and remedies available to it
under law, including the right to sue for specific performance.
14. Each party hereby agrees to indemnify, defend and hold harmless the other parties, their
officials, agents, officers, and employees against any and all liabilities, obligations, lawsuits,
administrative writs, claims, judgments, or penalties arising as a result of the party's actions
conducted in performance of its duties under this MOU.
- SIGNATURE PAGES FOLLOW -
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SIGNATORIES
TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING, MULTI -
JURISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION, AND
ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE COACHELLA VALLEY
Barry R. Wallerstein, D.Env.
Date
Executive Officer
South Coast Air Quality Management District
Approved as to form:
Date
Barbara Baird, District Counsel
Coachella Valley Association of Governments
Date
Approved as to form:
Date
CVAG General Counsel
a
AN 0 6 2004
Coun f ersi
Date
lLSGal
Q�
CHAIRMAN, BOARD OF is
Cathedral City
Date
City of Coachella
Date
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City of Desert Hot Springs
City of Indian Wells
City of Indio
Ma or
City of La uin
City of Palm Desert
City of Palm Springs
City of Rancho Mirage
Date
Date
Date
1 /7,
z ok
D to
Date
Date
Date
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SUBMITTAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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FROM: BOARD OF SUPERVISORS
SUPERVISOR, ROY S. WILSON, 4' Dist.
SUPERVISOR, MARION ASHLEY, 5"' Dist. SUBMITTAL DATE: January 6, 2004
SUBJECT: PM10 Dust Control Measurers — Action Plan
RECOMMENDED MOTION: The Board of Supervisors:
1) Approve the attached Ordinance No. 742.1 Fugitive Dust Control Ordinance thereby amending the current
Dust Control Ordinance No. 742;
2) Authorize the execution of the attached Memorandum of Understanding between the South Coast Air
Quality Management District (SCAQMD) Coachella Valley Association of Governments (CVAG) and the
nine incorporated cities within CVAG; and,
3) Adopt the Coachella Valley Dust Control Handbook as the operations manual with respect to PM10.
BACKGROUND: The air quality in the Coachella Valley has. been out of compliance with United States
Environmental Protection Agency's (EPA) standards since 1999. The region has been given five years to get back
into compliance by self -regulation. Failure to reach attainment status, could require the EPA to take over regulation
and impose extremely stringent requirements in the area. In an effort to regain our attainment status the SCAQMD
prepared three documents to provide the various agencies with the tools they need to administer their areas of
responsibility. The model ordinance represents a minimum level of commitment by the County in its effort to control
fugitive dust. The MOU makes the County accountable to the SCAQMD and CVAG if we fail to fulfill the obligations
contained therein. The dust control handbook is the exhaustive reference manual for use by the jurisdictions and
the contractors. The nine incorporated Cities and the County of Riverside are required to adopt the minimum
standards in the ordinance and to enter into the MOU with the SCAQMD and CVAG. Approval of the
recommended motion Will help insure that the desert's air quality will comply with Federal standards.
1r z�
1
Roy S. Wilson Su rvisor, Marion Ashley
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Wilson, seconded by Supervisor Buster and duly carried by
unanimous vote, IT WAS'ORDERED that the above ordinance is approved as introduced, and that
the above MOU is approved as recommended.
Ayes:
Buster, Tavaglione, Venable, Wilson and Ashley
Noes:
None
Absent:
None
Date:
January 6, 2004
xc:
Supv. Wiyson, Supv. Ashley, COB
Prev. Agn. ref. Dist.
FORM 11 (Rev. 1/00) ATTACHMENTS FILED
WITLJ TLJC Pi Cov nc Tur- nr% R "r%
MEMORANDUM OF UNDERSTANDING
ESTABLISHING AN ONGOING, MULTI -
JURISDICTIONAL RELATIONSHIP FOR THE
ADOPTION, IMPLEMENTATION, AND ENFORCEMENT
OF FUGITIVE DUST CONTROL MEASURES IN THE
COACHELLA VALLEY
This Memorandum of Understanding made the eia id day of San. , 2001 is entered into
by the County of Riverside, Cathedral City, City of Coachella, City of Desert Hot Springs, City
of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, and
City of Rancho Mirage (collectively, CITIES), the Coachella Valley Association of
Governments (CVAG) and the South Coast Air Quality Management District (District).
I. This Memorandum of Understanding (MOU) is made with reference to the following
recitals:
A. Air pollution remains a significant public health concern in many parts of California,
and specifically in the Coachella Valley.
B. The Coachella Valley consists of the following local jurisdictions:
County of Riverside, Cathedral City, City of Coachella, City of Desert Hot Springs,
City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of
Palm Springs, and City of Rancho Mirage. Each of these jurisdictions are members
of the CVACI
C. The District is an air district established pursuant to the California Health and Safety
Code, beginning with Section 40400. Under State law, air districts have the primary
responsibility for the control of air pollution from all sources, other than tailpipe
emissions fro;u motor vehicles. The District has the authority to adopt, implement,
and enforce air quality rules and regulations; and, by prior agreement, the
responsibility to provide technical expertise, outreach training, and enforcement
support to the local agencies within its jurisdiction.
D. The CITIES that comprise the CVAG have local authority for controlling dust
emissions from construction activities, disturbed vacant lands, unpaved roads and
parking lots, and paved road dust. By prior agreement, these jurisdictions have lead
responsibility for enforcing both local ordinances and approved Fugitive Dust Control
Plans.
E. The transport of fugitive dust, as a result of man-made activities, is an ongoing
challenge to promoting economic growth and meeting federal standards for airborne
fugitive dust (PM10) in the Coachella Valley. The health impacts and public
nuisance potential of uncontrolled dust are a recognized concern of everyone who
works or lives in this environment.
F. PM10 levels in the Coachella Valley exceeded the federal standard in 1999 after six
years of compliance. To reduce these levels and regain attainment status, the CITIES
have individually adopted ordinances with measures for reducing fugitive dust
emissions.
G. A key element to implementing a successful program for reducing PM10 emissions
and demonstrating sustained compliance is to establish a formal working relationship
between the CITIES, CVAG and the District.
H. Based on the foregoing, an ongoing cooperative relationship is hereby established
between the CITIES, CVAG and the District to ensure the development and
implementation of appropriate dust control plans, to comply with District regulations,
to comply with the Federal Clean Air Amendments (CAA) mandates, and to help
achieve attainment of federal and state air quality standards.
II. NOW, THEREFORE, in consideration of the mutual interests and benefits to be
derived from the emissions reductions resulting from cooperative efforts of the
CITIES, CVAG, and the District, the parties hereto agree as follows:
A. The CITIES will:
1. Take lead responsibility for adopting and enforcing both local ordinances and
approved Dust Control Plans. A Dust Control Plan is a plan to control fugitive dust
through the implementation of Coachella Valley Best Available Control Measures,
such that fugitive dust emissions are in compliance with District Rule 403.
2. Approve Dust Control Plans for all qualifying activities or man-made conditions
capable of generating fugitive dust emissions within their area of authority.
3. Follow the guidance provided in the most recently approved Coachella Valley
Fugitive Dust Control Handbook (Handbook), and uniformly implement and enforce
the Handbook provisions in the review and approval of Dust Control Plans.
4. After April 1, 2004 approve a Dust Control Plan only to an Operator who produces a
signed "Certificate of Completion," issued by the District, demonstrating that the
individual officially designated in the proposed Dust Control Plan as the person
responsible for fugitive dust control at the site has completed the Coachella Valley
Fugitive Dust Control Class. For purposes of this MOU, the term "Operator"
includes any person, or his or her designee, that owns, leases, operates, controls, or
supervises any potential fugitive dust generating operation that is subject to this
MOU.
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5. Require that the Operator submits two (2) copies of the approved Dust Control Plans,
for those sites greater than or equal to ten (10) acres, to the District within ten (10)
days from the date of approval for use by the District's compliance staff.
6. Issue an approved Dust Control Plan within a reasonable period of time. The City
shall inspect each site to determine compliance with the approved Dust Control Plan
at least every thirty (30) days from the start of the project. In addition, a dust control
inspection shall be performed by the city within seven (7) days of receiving a notice
of project initiation or a notice of project completion.
7. Require a bond, a cash Certificate of Deposit, or an equivalent form approved by the
City, in an amount equal to at least two thousand dollars ($2,000.00) per acre for
projects with more than 5,000 square feet of disturbed surfaces. Such funds shall be
in an amount sufficient to completely stabilize all disturbed areas in the event that the
Operator fails to adequately control dust, or abandons the site in lieu of mitigating
fugitive dust problems; and shall be easily accessible to the City in order to initiate
stabilization measures without a significant delay.
8. Immediately notify the District when a site is "red tagged," or shut down, or cited for
non-compliance with a local ordinance or Plan condition.
9. Ensure that, when a site is "red tagged," all construction and earth -moving activity
ceases and all efforts are directed to mitigating fugitive dust through the application
of water or dust suppressants.
10. Provide the Operator with specific information regarding the steps that must be taken
before a site will be "un-tagged."
11. Require conspicuously placed signs that identify a manned 24-hour phone number for
reporting dust complaints to the Operator, based on the most recently approved
Handbook guidelines.
12. Require an Environmental Observer, with the authority to enforce the Dust Control
Plan, at all sites greater than or equal to fifty (50) acres. The Environmental Observer
will have duties and responsibilities in accordance with the local dust control
ordinance and the Coachella Valley Fugitive Dust Control Handbook. Identification
of an Environmental Observer shall be a prerequisite for approval of the Dust Control
Plan. Failure of the Operator to continuously maintain an Environmental Observer at
the site or available on -site within 30 minutes of initial contact shall constitute a
violation of the Dust Control Plan.
13.. Require all appropriate enforcement staff with duties and responsibilities relating to
the enforcement of local dust control ordinances and approved Dust Control Plans to
attend and complete the District's Coachella Valley Fugitive Dust Control Class.
14. Require that the staff person responding to a dust complaint have code enforcement
status, or the authority to enforce a local ordinance or Plan.
15. Require staff who review and/or approve Dust Control Plans to attend and complete
the District's Coachella Valley Fugitive Dust Control Class.
16. Assign a city staff member with the single responsibility of determining compliance
with local Dust Control Plans and ordinances at earth moving activities. If such an
individual cannot be assigned, the jurisdiction will provide documentation to the
District (i.e. policy guidance documents, certificates of staff attendance at the
District's Coachella Valley Dust Control Class) demonstrating that the existing staff
have been trained and informed of the high priority regarding handling of fugitive
dust issues, and ensuring that the fugitive dust program will receive comparable or
better coverage than can be provided by a single dedicated individual.
17. Conduct random, unannounced inspections at construction sites. The purpose of the
site inspection will be to determine compliance with an approved Dust Control Plan,
determine compliance with the local ordinance, and ensure that the project supervisor
has read and understands the Plan.
18. Develop and maintain record -keeping logs for each site that document all compliance
actions taken by the City, including the implementation of corrective measures
required to enforce an approved Dust Control Plan. These records shall be made
available to District staff upon request.
19. Adopt by ordinance a penalty program for violators of Dust Control Plans or local
ordinances where the initial violation will be established at a level that ensures
progressive penalties for repeated violations. The penalty for three or more violations
within one year period shall be prosecuted at a minimum level consistent with a
misdemeanor violation. The use of verbal warnings shall be discontinued.
20. Coordinate site inspections with the District so that both jurisdictions can evaluate
instances of non-compliance with any ordinances, plans, or regulations.
21. Provide the District with an inventory of public unpaved roads and unpaved parking
lots within each of their jurisdictions within 90 days of the MOU's effective date.
The inventory shall include: the location and average daily traffic estimates of
unpaved roads; and location and size (in square feet) of unpaved parking lots.
23. Take measures (signage or speed control devices) to reduce vehicular speeds to 15
miles per hour on unpaved public roads with between 20 and 150 average daily trips
within 60 days of submitting the unpaved road and unpaved parking lot inventories to
the District.
24. Where City owns a cumulative distance of six or less miles of public unpaved roads
with each segment having 150 or more average daily trips, pave such roads or apply
and maintain chemical dust suppressants in accordance with the manufacturer's
specifications for a travel surface and the performance standards established in the
city's respective dust control ordinance based on the following schedule:
a. one-third of qualifying unpaved roads within one year of ordinance adoption; and
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b. remainder of qualifying unpaved roads within three years of ordinance adoption.
(Note: treatments in excess of annual requirements can apply to future years.)
25. Where a City owns a cumulative distance of more than six miles of public unpaved
roads with each segment having 150 or more average daily trips, stabilize such
roadways based on the following schedule:
a. at least two miles paved or four miles stabilized with chemical dust suppressants
in accordance with the manufacturer's specifications for a travel surface and the
performance standards established in the local dust control ordinance within one
year of the MOD's effective date; and
b. at least two miles paved or four miles stabilized with chemical dust suppressants
in accordance with the manufacturer's specifications for a travel surface and the
performance standards established in the local dust control ordinance annually
thereafter until all qualifying unpaved roads have been stabilized. (Note:
treatments in excess of annual requirements can apply to future years).
26. Stabilize within six months of the MOU's effective date unpaved public parking lots
with at least one of the following strategies:
a. pave; or
b. apply and maintain dust suppressants in accordance with the manufacturer's
specifications for a travel surface and the performance standards established in
their respective dust control ordinance; or
c. apply and maintain washed gravel in accordance with the performance standards
established in their respective dust control ordinance.
27. Apply and maintain any temporary unpaved public parking lots (those that are used
24 days or less per year) with chemical dust suppressants, in accordance with the
manufacturer's specifications for a travel surface and the performance standards
established in their respective dust control ordinance prior to any 24-hour period
when more than 40 vehicles enter and park. Temporary unpaved parking lots greater
than 5,000 square feet will be stabilized in accordance with the disturbed vacant land
requirements contained in the local dust control ordinance during non -parking
periods.
B. The DISTRICT will:
1. Approve and issue Fugitive Dust Control Plans for operations that do not require a
local jurisdiction's grading permit or building permit (such as, aggregate producers,
landfills, schools, water districts, California Department of Transportation, and flood
control maintenance activities).
2. Respond to fugitive dust complaints and take any appropriate measures for non-
compliance with District rules and regulations, Dust Control Plan conditions, or local
ordinance requirements.
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3. Continue to provide outreach and training in the form of Coachella Valley Fugitive
Dust Control classes, offered at no charge, to all interested parties.
4. Issue Certificates of Completion to each individual who completes the Coachella
Valley Fugitive Dust Control Class. This Certificate and the accompanying wallet -
sized card are valid for two years and may be renewed by submitting a request to the
District. Upon approval by the District, this renewal will be valid for an additional
two years.
5. Develop and implement an abatement and enforcement policy that addresses repeat
violations at the same site of District fugitive dust control regulations.
6. Assign an inspector to conduct inspections exclusively in the Coachella Valley,
provide outreach and training in the form of the Coachella Valley Fugitive Dust
Control Class, and respond to fugitive dust complaints.
D. ADDITIONAL CONDITIONS AND REQUIREMENTS
1. Any party hereto has the right to terminate its participation in this MOU for any
reason by giving thirty (30) days notice in writing to each party to this MOU.
2. This MOU may be amended or supplemented by mutual agreement effectuated in
writing and duly executed by the parties.
3. This MOU shall be in full force and in effect when signed by all parties.
4. The signature page of this MOU is being executed in counterparts. When all parties
have signed, all executed counterparts taken together shall constitute one and the
same instrument. CVAG shall be responsible for receiving and retaining the
originally executed signature pages of each party, for dating the MOU as of the latest
date upon which it is executed as among the signatories thereto, and for providing a
copy of the dated executed agreement to each of the parties.
5. This MOU integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties.
6. Each party acknowledges that it has had ample opportunity for review and approval
of this document by its attorney, and that any waiver of representation is a result of
independent decision.
7. Each party hereby warrants that its participation and execution of this MOU has been
duly approved by its governing board.
8. All notices, requests and other communications under this MOU shall be in writing,
and shall be (a) delivered personally, (b) sent via FedEx or similar private express
mail service (hereinafter "FedEx"), (c) sent via facsimile, or (d) mailed, certified or
registered mail, return receipt requested, postage prepaid, and addressed as follows:
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South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Attn:
Coachella Valley Association of Governments
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
County of Riverside
4080 Lemon Street, 14`h Floor
Riverside, CA 92502
Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
City of Coachella
1515 Oh Street
Coachella, CA 92236
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210-7497
City of Indio
100 Civic Center Mall
Indio, CA 92201
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
7
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
9. It is hereby agreed that no official, employee, or agent of any of the parties hereto
shall have any personal interest, direct or indirect, in this MOU, nor shall any such
official, employee, or agent participate in any decision relating to the MOU which
affects his or her personal interests or the interests of any corporation, partnership or
association in which he or she is directly or indirectly interested.
10. Neither party ;nay assign any right or obligation under this MOU without the express
written approval of the other parties.
11. This MOU shall be binding upon and shall inure to the benefit of the successors of
each of the parties hereto.
12. This MOU shall be construed and interpreted in accordance with the laws of the State
of California. Venue for resolution of any disputes under this MOU shall be in Los
Angeles County.
13. In the event that any party fails to fulfill its obligations under this MOU, such party
shall have thirty (30) days to cure its default upon written demand by any other party.
Upon failure to cure any default, each party to this MOU shall have all such rights
and remedies available to it under law, including the right to sue for specific
performance.
14. Each party hereby agrees to indemnify, defend and hold harmless the other parties,
their officials, agents, officers, and employees against any and all liabilities,
obligations, lawsuits, administrative writs, claims, judgments, or penalties arising as a
result of the party's actions conducted in performance of its duties under this MOU.
- SIGNATURE PAGES FOLLOW -
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SIGNATORIES
TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING,
MULTI -JURISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION,
AND ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE
COACHELLA VALLEY
q1.6l
Barry R. Wallerstein D.E . Date
Executive Officer
South Coast Air Quality Management District
Approved as to form:
Barbara Baird, Principal Deputy District Counsel
oachella Valley Association of Governments
Approved as to form:
CVAG General Counsel
County of Riverside
Cathedral City
Date
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ate
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SIGNATORIES
TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING, MULTI -
JURISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION, AND
ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE COACHELLA VALLEY
Barry R. Wallerstein, D.E>w
Executive Officer
South Coast Air Quality Management District
Approved as to form:
Barbara Baird, Principal Deputy District Counsel
Valley Association of Governments
Dat
9�t�(b�
Date
//Z-z' D 4
ate
Approved as to form: Date
CVAG General Counsel
CHAIRMAN, BOARD OF
Cathedral City
City of Coachella
Date
Date
Date
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SIGNATORIES
TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING,
MULTI -JURISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION,
AND ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE
COACHELLA VALLEY
barryCRt!:Wallerst i Env. Date
Executive Officer
South Coast Air Quality Management District
Approved as to form:
Barbara Baird, Principal Deputy District Counsel
?achella Valley Association of Governments
Approved as to form:
CVAG General Counsel
County of Riverside
Cathedral City
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�IIL+ 10�,
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SIGNATORIES
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CO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING, MULTI-
URISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION, AND
ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE COACHELLA VALLEY
Barry R. W allerstein,E v.
Executive Officer
South Coast Air Quality Management District
Approved as to form:
Barbara Baird, Principal Deputy District Counsel
eella Valley Association of Governments
Approved as to form:
CVAG General Counsel
County of Riverside
Cathedral City
W
Date
Date
� 'l G /o (o _
Dae
Date
Date
Date
City of Coachella
City of Desert Hot Springs
Date
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Date
Date
City of Indio
Date
City of La Quinta
Date
City of Palm Desert
Date
City of Palm Springs
Date
City of Rancho Mrage
OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO
RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE
AND THE MEMORANDUM OF UNDERSTANDING.
lit
City of Coachella
of esert Hot S 'ngs
City of Indian Wells
City of Indio
City of La Quints
City of Palm Desert
City of Palm Springs
City of Rancho Mirage
Date
I( 1(,/10
Date
Date
Date
Date
Date
Date
OCTOBER 27f 2003 — CVAG'S EXECUTIVE COMMITTEE APPROVED TO
RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE
AND THE MEMORANDUM OF UNDERSTANDING.
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City of Desert Hot Springs
City of Indian Wells
Date
Date
1�/
Date
City of La Quinta Date
City of Palm Desert Date
City of Palm Springs Date
City of Rancho Mirage Date
OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO
RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE
AND THE MEMORANDUM OF UNDERSTANDING.
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City of Coachella
City of Desert Hot Springs
City of Indian Wells
City of Indio
dew
City of La Quinta
City of Palm Desert
City of Palm Springs
City of Rancho Mirage
Date
Date
Date
t•y& o�-
Date
Date
Date
Date
OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO
RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE
AND THE MEMORANDUM OF UNDERSTANDING.
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CONTRACT NO. C22020
City of Desert Hot Springs
City of Indian Wells
City of Indio
Cit of La Quinta
ity of Palm Desert
City of Palm Springs
City of Rancho Mirage
Date
Date
Date
Date
d .a p o3
Date
Date
Date
OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO
RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE
AND THE MEMORANDUM OF UNDERSTANDING.
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City of Coachella
Date
City of Desert Hot Springs
Date
City of Indian Wells
Date
City of Indio
Date
City of La Quinta
Date
City of Palm Desert ATTEST:
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APPROVED BY THE CmC*y
mayor— Date mD 7JEbI .
City of Palm Springs
R ,�1787
Date
City of Rancho Mirage
OCTOBER 27F 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO
RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE
AND THE MEMORANDUM OF UNDERSTANDING.
IN
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City of Desert Hot Springs
City of Indian Wells
City of Indio
City of La Quinta
City of Palm Desert
fCity of Palm Springs
;agc
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Date
Date
Date
Date
Date
Date
OCTOBER 27, 2 r @&AG'S EXECUTIVE COMMITTEE APPROVED TO
RATIFY THE CH ES IN THE MODEL DUST CONTROL ORDINANCE
AND THE MEMORANDUM OF UNDERSTANDING.
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City of Coachella
Date
City of Desert Hot Springs
Date
City of Indian Wells
Date
City of Indio
Date
City of La Quinta
Date
City of Palm Desert
Date
City of Palm Springs
Date
City of Rancho Mirage
OCTOBER 27, 2003 - CVAG'S EXECUTIVE COMMITTEE APPROVED TO
RATIFY THE CHANGES IN THE MODEL DUST CONTROL ORDINANCE
AND THE MEMORANDUM OF UNDERSTANDING.
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