1. (1) Fugitive dust, construction activities, and roadways associated with tailings piles and ponds are regulated under Section R307-205-8 and not by Sections R307-205-5 and R307-205-6.

2. (2) Any person owning or operating an existing tailings operation where fugitive dust results from grading, excavating, depositing, or natural erosion or other causes in association with such operation shall take steps to minimize fugitive dust from such activities. Such controls may include:

   1. (a) watering;
   2. (b) chemical stabilization;
   3. (c) synthetic covers;
   4. (d) vegetative covers;
   5. (e) wind breaks;
   6. (f) minimizing the area of disturbed tailings;
   7. (g) restricting the speed of vehicles in and around the tailings operation; or
   8. (h) other equivalent methods or techniques which may be approvable 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