1. (1) Storage and Handling of Materials. Any person owning, operating, or maintaining a new or existing material storage, handling, or hauling operation shall minimize fugitive dust from such an operation. Such control may include the use of enclosures, covers, stabilization, or other equivalent methods or techniques as approved by the director.

2. (2) Construction and Demolition Activities.

   1. (a) Any person engaging in clearing or leveling of land greater than one-quarter acre in size, earthmoving, excavation, or movement of trucks or construction equipment over cleared land greater than one-quarter acre in size or access haul roads shall take steps to minimize fugitive dust from such activities. Such control may include watering and chemical stabilization of potential fugitive dust sources or other equivalent methods or techniques approved by the director.

   2. (b) The owner or operator of any land area greater than one-quarter acre in size that has been cleared or excavated shall take measures to prevent fugitive particulate matter from becoming airborne. Such measures may include:

      1. (i) planting vegetative cover;
      2. (ii) providing synthetic cover;
      3. (iii) watering;
      4. (iv) chemical stabilization;
      5. (v) wind breaks; or
      6. (vi) other equivalent methods or techniques approved by the director.
   3. (c) Any person engaging in demolition activities including razing homes, buildings, or other structures or removing paving material from roads or parking areas shall take steps to minimize fugitive dust from such activities. Such control may include watering and chemical stabilization or other equivalent methods or techniques approved by the director.

KEY: air pollution, fugitive emissions, mining, tailings

Date of Last Change: December 3, 2025

Notice of Continuation: October 2, 2024

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104; 19-2-109