TITLE 23
Health and Safety

CHAPTER 23-23
Air Pollution

SECTION 23-23-31


§ 23-23-31 Dust control at extractive industries.

This section applies to all extractive industries, as that term is defined in § 45-24-31(25), that are located within one thousand five hundred feet (1,500') of any occupied dwelling structure from the location of the piles of material defined in § 23-23-3(8).

(1) Manufactured, unwashed sand shall not be stockpiled except in a manner that prevents fugitive dust from traveling beyond the property line of the extractive industry by use of water sprays.

(2) In determining compliance with this provision, the director may consider one or more of the following factors:

(i) Moisture content of the stone dust piles;

(ii) Atmospheric humidity;

(iii) Wind direction and velocity;

(iv) Rainfall;

(v) Observations of fugitive dust;

(vi) Location of the stone dust piles; and

(vii) Any other factors that may cause fugitive dust to travel beyond the property line of the extractive industry.

(3) The director may approve the use of alternatives to water spray, if water is not available or its use is not practical, including, but not limited to, crusting agents or enclosures; provided that such alternatives prevent fugitive dust from traveling beyond the property line of the extractive industry.

History of Section.
(P.L. 2015, ch. 272, § 2.)