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Developers are required to submit plans for dust mitigation and storm water pollution prevention for any development project that involves mass grading. The following information describes the process for monitoring and enforcing these plans.
There are two plans that must be submitted by developers to help mitigate dust: (1) the Fugitive Dust Mitigation Plan and (2) the Storm Water Pollution Prevention Plan (SWPPP). The Fugitive Dust Plan is required for development projects ¼ acre or larger and must be submitted to the Division of Air Quality (DAQ). The SWPPP Plan is required for development projects 1 acre or larger and is filed with the Division of Water Quality (DWQ). Both plans include best practices for mitigating dust, as determined by the developer.
The DAQ is the entity responsible for monitoring and enforcing the Fugitive Dust Plan. When a complaint is received, DAQ will first call and issue a warning to the developer. If the complaint continues, they will perform a site visit without notice.
Violations to the Fugitive Dust Plan are determined by measuring the opacity of the dust. The opacity shall not exceed (a) 10% at the property boundary; and (b) 20% on site, according to State of Utah regulation. Opacity does not apply when wind speed exceeds 25 miles per hour and the operator is taking appropriate steps to mitigate fugitive dust.
According to the Public Works Department, DWQ has delegated responsibility of monitoring and enforcing the SWPP Plan to Lehi City. Storm water inspectors may visit construction sites to ensure best practices for mitigation are being performed according to the plan. This is more to regulate pollution in the storm water system than fugitive dust in the air.
Lehi City has no more leverage than a citizen to file a fugitive dust complaint. Residents can file a complaint by calling the DAQ or filling out an online form. As previously stated, DAQ will respond to requests to ensure and/or enforce compliance.