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HomeMy WebLinkAboutRES 04-24RESOLUTION NO.04-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, 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 particulate matter ("PM -10");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 ("ADEQ") has prepared a revised State Implementation Plan for the Salt River Area to address continued violations of 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,Arizona Revised Statutes Section 49-406 (G)requires that each agency that commits to implement a control measure describe that commitment in a resolution adopted by the governing body which specifies its authority for implementing the measure as provided in statute,ordinance,or rule;a program for enforcement of the measures; and the level of personnel and funding allocated to the implementation of the measure. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OE APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION 1.GOOD FAITH EFFORT FOR IMPLEMENTATION That the Mayor and Council of the City of Apache Junction, Arizona, agree to proceed with a good faith effort to implement the measures identified in Exhibit A,attached hereto. RESOLUTION NO.04-24 PAGE 1 OF 2 SECTION 2.IMPLEMENTATION COMMITMENT:FUNDING CONTINGENCY That the Mayor and Council of the City of Apache Junction,Arizona,in Exhibit A,commit to implement the measures as scheduled and with the funding sources identified recognizing,however,that the availability of necessary funding may depend on the funding programs or processes of various state and federal agencies.The City of Apache Junction, Arizona,agrees to consider modifications of the funding or schedules for implementation actions,if necessary. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THIS 21ST DAY OF SEPTEMBER,2004. SIGNED AND ATTESTED TO THIS 21ST DAY OF SEPTEMBER,2004. DOUGLAS COI.EMAN MAYOR ATTEST: KATHLEEN CONNELLY CITY CLERK APPROVED AS TO FORM: RICHARD J.STERN CITY ATTORNEY RESOLUTION NO.04-24 PAGE 2 OF 2 EXHIBIT A Measure Title:04 -DC -1 Reducing Reentrained Dust Emissions from Targeted Paved Roads Measure Description:The City of Apache Junction,Arizona,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 Nonattainment 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 City of Apache Junction, Arizona,Department of Public Works,is responsible for implementing this control measure pursuant to: 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. Apache Junction City Code,Volume I.,Public Works;Engineering Guidelines;Apache Junction City Code Volume II,Land Development Code, Chapter 1,Zoning Ordinance. EXHIBIT A PAGE 1 OF 2 Implementation Schedule:The protocol will be provided to the Maricopa County Environmental Services Department ("MCESD")and the Arizona Department of Environmental Quality ("ADEQ")by September 30,2004 and will be implemented by February 2:2005.One additional PM -10 efficient street sweeper will be required to increase the frequency of sweeping in accordance with the protocol.This sweeper will be purchased and deployed by February 2,2005. Level of Personnel and Funding Allocated for Implementation:The FY 2005 City budget includes $125,000 for the purchase of one additional PM -10 efficient sweeper.There are also adequate resources ($100,000)contained in the FY 2005 budget to fund one additional 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 nonattainment 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 City of Apache Junction.The reevaluation will be submitted to MCESD and ADEQ,by February 2 of each year,beginning in 2006.The City will also submit progress reports on measure implementation to MCESD or ADEQ,upon request. EXHIBIT A • PAGE 2 OF 2