City of Las Cruces Erosion Control Ordinance Chapter 32-302 Wind Erosion Control

Why Try to Control Dust? Health Concerns EPA Non-attainment status PM-10 and PM-2.5 Respiratory issues Potential for Coccidioidomycosis (Valley Fever) EPA Non-attainment status Impacts Federal monies Property damage Landscaping damage Doors Roofs

Existing Ordinance Adopted in April 2000. City’s first attempt at addressing/controlling fugitive dust creation. Not generally viewed as needed or enforceable “we live in the desert and the wind blows…” Contains the mechanics but has several problems: Lacks clarity of requirements Dust control plans not well defined Responsibilities not outlined RACMS listed but not detailed on how to implement Enforcement difficult

Goal of Proposed Changes Create an ordinance that effectively mitigates the creation of fugitive dust/dirt. Define what constitutes a violation of the ordinance. Outline clear and enforceable control methods. Require effective control measures for site specific sources. Ordinance applicable to broad spectrum: General applicability Development Permanently sited sources Government activities

Goal of Proposed Changes Create a Dust Control Plan template required for applicable activities. Menu approach with specific applications Standard format aids in understanding and enforcement Require to kept on site as well as permit file (as applicable)

Issues “One size fits all approach” Different measures and requirements depending on location and conditions? Expense of implementing control measures. Costs impact Private and City activities Development Road construction and maintenance Utilities construction and maintenance Facilities construction and maintenance Commercial activities Enforcement Training for staff Proactive vs. Reactive

Issues Public input and participation. Develop education component Efforts to date have been staff driven Public input needed Creates ideas, buy-in and understanding Develop education component Reasons for control Methods of control Raise awareness

Next Steps??? Proceed with internal rewrite? Consider creation of a committee to review ordinance and propose changes? Maintain existing regulations?