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Entries in Clean Air Act (1)

Tuesday
Mar262013

City of Grand Junction-DO AS I SAY AND NOT AS I DO!!!

Since spring is in the air it appears the City of Grand Junction street sweepers are out in action. So what's the big deal we need to have our roads cleaned, right? Well we would all agree this is a noble task that the tax paying public driving on city roads would expect.

However when you drive past these large dust busters/dust makers, it appears they are violating their own city code noted below and is described as an unlawful act and could result in jail time. Wow that's a huge statement!  

8.20.010 Control of dust-producing areas.

It shall be unlawful for any person to own, possess or control any cleared area, parking lot, vacant lot or other site used by vehicular traffic without implementing an effective abatement or preventive fugitive dust-control measure, as may be required, which may include, but is not limited to, the following:

(a)    Wetting down of the dust-producing area;

(b)    Landscaping;

(c)    Covering, shielding or enclosing;

(d)    Paving on a temporary or permanent basis;

(e)    Treating through the use of palliatives and chemical stabilization.

(Code 1994 § 16-126; Code 1965 § 19-70)

Unlawful for not controlling dust? So your next question will be what are the ramifications of creating such an act of dust pollution? Here you go and it is hefty that includes JAIL of up to 10 days and up to $1,000.00 fine or BOTH! They do have a first conviction out of a slap on the wrist 100.00 fine but nevertheless it's a conviction!

8.20.130 Penalty.

(a)    Any person, firm or corporation violating any provision of this chapter shall be fined not more than $1,000 and/or 10 days in jail for each offense. A separate offense shall be deemed committed on each day, or portion thereof, during or on which a violation occurs or continues. Notwithstanding the foregoing, a realtor, closer or inspector involved in a transfer of ownership shall not be deemed to have violated this chapter in the event that a transfer of ownership occurs in violation of this chapter, unless such realtor, closer or inspector is the transferor, grantor or seller. For the first conviction of GJMC 8.20.060, a person, firm or corporation shall not be fined in excess of $100.00 and no jail time shall be imposed.

(b)    Unless otherwise authorized, the operation of a wood stove or fireplace on a high pollution, “no burn” day is found and declared to be a nuisance against both the public and private individuals. It is the intent and the purpose of the City Council that private individuals aggrieved or injured by the unauthorized operation of a wood stove or fireplace on a high pollution, “no burn” day or days may cite a violation of this chapter or any regulation implementing this chapter as evidence of nuisance per se in support of any claim for damages and/or injunctive or other relief before a court of competent jurisdiction, including the Municipal Court. It is therefore found and declared that any written evidence of a violation of this chapter or any regulation implementing this chapter issued by an authorized agent for the City of Grand Junction, and served on any individual as required by law, shall constitute prima facie evidence of the violation of this chapter and/or any applicable regulation implementing this chapter, as well as prima facie evidence of a nuisance per se.

(c)    This section shall not confer a private right for an action against the City of Grand Junction for the endorsement of this chapter or for the enforcement of any regulation implementing this chapter.

(Amended during 2009 recodification; Ord. 2981, 2-19-97. Code 1994 § 16-138)

So as you watch the video below, who should get fined or arrested for allowing contaminated road dust from street sweepers to infect our City and County air???



See the EPA's Clean Air Act for additional information and contact your city officials and ask why they are throwing so much contaminated 2.5 and 10 micron particulates into the air! http://www.epa.gov/lawsregs/laws/caa.html