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HomeMy WebLinkAbout06444ORDINANCE NO. 6444 AN ORDINANCE AMENDING CHAPTER 5 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO FUGITIVE DUST AND OTHER AIR POLLUTION EMISSIONS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter) SFCTInN 1 Section 7 -5 -1 of Chapter 5, Title VII of the Pueblo Municipal Code, as amended, is hereby amended by amending subsection (19) thereof, and by adding new subsections (8.5) and (19.5) thereto, to read as follows: Sec. 7-5-1. Definitions. Unless specifically defined below, words or phrases in this Chapter shall be interpreted to give them the meaning they have in common usage and to give this Chapter its most reasonable application: (8.5) Director shall mean the Director of the Environmental Health Division o the Department. (19) Owner [or operator] shall mean any person who owns, leases, or otherwise exercises control over any real property upon which there exists or occur [operates, controls or supervises] any construction activity. (19.5) Operator means any person who conducts, operates, controls o supervises any construction activity. SECTION 2. Section 7 -5 -3 of Chapter 5, Title VII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7 -5 -3. Emission limitation standards. (a) No person shall operate a new or existing source or activity which will emit or cause to be emitted visual emissions in excess of twenty percent (20 %) opacity. The method of measuring opacity is specified by Appendix A of Colorado Air Quality Control Commission's [Regulations and Ambient Air Quality Standards,] Regulation No. 1, 5 C.C.R. 1001 -3, P.[1.61--1.67] 77 -81 ([c 1983] O(� 1997 Public Record Corporation) which is adopted and incorporated herein by reference. (b) No person shall operate a new or existing source or activity which will emit or cause to be emitted visual emissions that are being transported off the property on which the source is located. The method of measuring off - property transport is specified by Appendix B of Colorado Air Quality Control Commission's [ Standards,] Regulation No. 1, 5 C.C.R. 1001 -3, P.[1.67- -1.68] 82 ([c 1983] 1997 Public Record Corporation) which is adopted and incorporated herein by reference. (c) No person shall operate a new or existing source or activity which will allow dirt, mud or construction materials to be deposited on improved streets and roads. (d) No person shall operate a new or existing source or activity which will allow or create emissions that will constitute or cause a nuisance to exist as defined in Section 7 -1 -1 of this Code. (e) No owner shall suffer or permit to exist upon his property, or propert y under his control, the operation of a new or existing source or activity which is contrary to the requirements of paragraphs (a), (b), (c) or (d) of this section SECTION 3. Section 7 -5 -4 of Chapter 5, Title VII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7 -5 -4. Emission control plans. (a) Abatement and preventive measures shall be selected and applied on a case -by -case basis to formulate and implement an overall control plan designed to achieve compliance with Section 7 -5 -3 of this Chapter. The control measures shall be specifically designed to mitigate adverse impact upon other propert y within a 1000 foot radius of the property where the source is located, and shall otherwise bear a reasonable relationship to the economic, environmental and energy impacts, and [other] costs of such measures. (b) The control plan shall be subject to approval by the Department, including the abatement and preventive measures to be applied and the frequency, duration and method of their application. The control measures shall be specifically designed to mitigate adverse impact upon other property within a 1000 foot radius of the propert y where the source is located, and shall otherwise bear a reasonable relationship to the economic, environmental and energy impacts, and [other] costs, of such measures. The Department may impose additional control measures as a condition of approval of the control plan, if deemed necessary in the Department's best professional judgment, in order to avoid adverse impact upon nearby property or to provide reasonable assurance that the control plan will achieve compliance with Section 7 -5 -3 of this Chapter. (c) The control plan as approved by the Department shall become [a condition] an enforceable requirement of the emission permit. (d) As provided in Section 7 -5 -2 of this Chapter, the control plan shall be effective in the control of fugitive particulates at all times, including periods when actual construction is not being conducted, including weekends and holidays. (e) Any source required to submit a control plan may ask for a "control plan conference" with the Department, and if so requested, the Department shall hold such a conference for the purpose of advising what types of control measures and /or operating procedures will meet the requirements of this Section No information provided in any such conference shall estop or otherwise limit the Department from imposing any contro measures in accordance with subsection (b) of this section. . TinN 4 Section 7 -5 -5 of Chapter 5, Title VII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7 -5 -5. Construction activities. (a) Any person engaged in overlotting, excavating, grading, cutting, filling or other dirt moving or construction activity [of greater than one (1) acre] involving or which will involve a disturbance to more than 1,000 square feet of land area but less than twenty -five (25) acres and the owner of the property where any such activity occurs shall be required to comply with the requirements of Sections 7 -5 -3, 7 -5 -4 and 7 -5 -9 of this Chapter. (b) Control measures and operating procedures for construction activities may include, but are not limited to, planting [vegetation] vegetative cover, providing synthetic cover, watering, chemical stabilization, furrows, compacting, minimizing disturbed area, wind breaks, on -site vehicle speed control and delayed surface opening until demand. SFCT ON 5_ Section 7 -5 -10 of Chapter 5, Title VII of the Pueblo Municipal Code, as amended, is hereby amended by amending subsection (a) thereof, to read as follows: (a) The Board shall hear and decide appeals from any aggrieved person as a result of any emission permit issuance or modification, [suspension, revocation] or issuance of any cease and desist order or other order issued by the Department, provided that such appeal is taken within thirty (30) days of the action complained of. The Board shall also hear and determine all administrative proceedings for suspension or revocation of any permit issued pursuant to this Chapter, in accordance with Section 7 -5 -13 of this Chapter. SECTION 6. Sections 7 -5 -11 through 7 -5 -14, inclusive, of Chapter 5, Title VII of the Pueblo Municipal Code, as amended, are hereby repealed and reenacted to read as follows: [Sec. 7-5-11. Enforcement. (a) The Department' shall enforce compliance with the emission control regulations contained in this Chapter. (b) If a written and verified complaint is filed with the Department alleging that, or if the Department itself has cause to believe that, any person is violating or has violated any regulation or section of this Chapter, order of the Department or term or condition of a permit, the Department shall cause a prompt investigation to be made; and, if the Department determines that a violation has occurred or a failure to comply exists, the Department shall issue a notice of violation and order to comply. If the Department determines that noncompliance or a violation was continued after receipt of the notice and order to comply, it may apply for injunctive relief pursuant to Section 7 -5- 12 of this Chapter, or it may request a violation hearing to be held by the Municipal Court upon the issuance and service of a summons and complaint. (c) Violation hearings shall be heard by the presiding Municipal Judge. The burden of proof shall be upon the Department to establish that a violation has occurred. Sec. 7 -5 -12. Judicial review. (a) Any final order or determination by the Municipal Court that a violation has occurred may be appealed to the County Court as provided in the Colorado Municipal Court Rules of Procedure. (b) Any final order or determination by the Board shall be subject to judicial review in the manner and to the extent provided by Rule 106 of the Colorado Rules of Civil Procedure. A petition for review shall be filed within thirty (30) days after the final action has been taken. Such final order may be stayed pending the decision of the Court. It shall not be a condition precedent to judicial review that the Boardreconsider its decision. Sec. 7 -5 -13. Injunctions. In the event that any person fails to obtain a required permit as provided herein, to comply with any lawful order of the Department or Board, or to comply with any provision of this Chapter, the Department or Board may bring suit for an injunction to prevent any further or continued violation of such order or provision. A hearing before the Municipal Court shall neither be prerequisite nor a preclusion to the use of this Section. Sec. 7-5-14. Penalties. Penalties imposed by the Municipal Court shall be civil in nature only and any fine assessed shall not exceed three hundred dollars ($300.00) for each violation. Each day of violation of this Chapter, or Department or Board order, shall be deemed a separate violation.] Sec. 7 -5 -12. Judicial review. Judicial review of any final decision of the Board issuing, modifying, suspending or revoking any permit, or of any final decision of the Board upon any administrative appeal of a cease and desist order or other order issued by the Department, may be taken pursuant to and in accordance with C.R.C.P. 106(a)(4). Review in such case shal be limited to whether the final permit decision or order was in excess of the Department' jurisdiction or authority. Sec. 7 -5 -13. Enforcement procedures. (a) In the event any person violates any provision of this Chapter or Section 7 -1 -1 of Chapter 1 of this Title, the City or the Department may exercise any one or mor of the following remedies, which are hereby expressly declared to be cumulative, the exercise of any one or more not constituting any bar or limitation to the exercise of any other: (1) Suspension or revocation of a permit; (2) Issuance of an administrative notice of violation with or without an accompanying cease and desist order; (3) Imposition of civil penalties as provided in any section of this Chapter, (4) Initiation of an action for injunctive relief in any court of competen jurisdiction to compel compliance with the terms of this Chapter or any permit, o anv cease and desist order; (5) Municipal offense prosecution for any violation of the City Charte or ordinances which has been declared to be unlawful or a municipal offense. (b) Emission permits may be revoked or suspended by the Department fo any of the following reasons: (1) Misrepresentation of material fact or concealment of material fact (2) Disregard or violation of any of the provisions of this Chapter (3� Failure to comply with any notice of violation or cease and desist order issued by the Department; (4) Significant non - compliance with any terms and conditions in the approved emissions control plan; (5) Violation of state or federal clean air laws or regulations (c) If the Director has received information causing him or her to have reason to believe that revocation or suspension of the permit may be appropriate, he or she shall provide notice to the permittee and initiate the revocation or suspension process as follows: (1) Written notice of the basis for suspension or revocation shall be provided to the permittee. It shall be given by either personal service or by first - class mail, postage prepaid, to the permittee's last known address as shown in the Department's permit files. (2) The Notice shall generally state the grounds for suspension o revocation and state the proposed action being considered. The notice shall advise the permittee that the permittee may request a hearing on the matter a which the permittee may submit information and evidence relevant to the matter provided that the permittee files a request for hearing with the Board not late than a date specified in the notice, which shall be not less than ten (10) day from the date the notice is personally served or mailed. The notice shall also advise the permittee that if a request for hearing is not timely submitted, th suspension or revocation may be imposed by the Director without further notice. (3) If a hearing is timely requested, the hearing shall be conducted before the Board and a record kept. At the hearing, the permittee may be represented by counsel and may offer relevant testimony and evidence bearing on the grounds for suspension or revocation as well as any mitigating factors which may bear upon the duration of any suspension. The Board shall also receive relevant testimony and evidence from any person who wishes to be heard on the matter. (4) Exc to the extent in conflict herewith. the hearino shall be conducted as nearly as practicable in accordance with the procedures specified in Title I of this Code; provided, however, that no procedural infirmity in th hearing process shall invalidate the Board's decision unless substantially prejudicial to the permittee. (5) The decision of the Board to suspend or revoke shall be made in writing and contain findings of fact. The decision shall become final and conclusive unless judicial review is sought in accordance with Section 7 -5 -12 of this Chapter. Whenever the Director finds that any person has violated any provision o this Chapter, or any prohibition, limitation or requirement contained therein, or in any permit issued thereunder, the Director shall serve, by personal service or by first -class mail, upon such person a written notice stating the nature of the violation. At th discretion of the Director, the notice may be accompanied with a cease and desist orde prohibiting further violations and requiring corrective measures to be taken. Within thirt y (30) days of the date of the notice, or such greater or lesser period as the Director may otherwise specify in the notice, the person shall submit to the Director a plan for the satisfactory correction thereof. (e) The Director is authorized to request the City Attorney to bring a civi action to enforce the requirements of this Chapter. The City Attorney may commence a action in the name of the City for appropriate relief, including injunctive relief, in any court of competent jurisdiction. In addition to the remedies provided in this Chapter, th City may also recover damages against any person who is found to have violated this Chapter or any orders or permits issued hereunder. Such damages shall include, bu are not limited to, any costs incurred by the City in abating any nuisance, mitigating th impacts caused by any violation, and for damage to the environment, if any Sec. 7 -5 -14. Unlawful conduct. (a) It shall be unlawful and a Class 1 municipal offense for any person (1) To own or operate any new or existing source required to be permitted under this Chapter without a valid permit (2) To own or operate any new or existing source required to be permitted under this Chapter during a period when the permit therefor is unde suspension or has been revoked; (3) To refuse to comply with the requirements of any cease and desis order issued by the Director, unless the order has been stayed by action of the Board or a court of competent jurisdiction during any administrative or judicia appeal; (4) To knowingly violate any of the provisions of this Chapter (b) Any person convicted of any offense defined in this Section or elsewhere in this Chapter shall be punished as provided in Section 11 -1 -103 of this Code SECTION 7. The adoption of this Ordinance shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance. No person, firm, corporation, or other entity shall have any private right of action, claim or civil liability remedy against the City of Pueblo or the Pueblo City- County Health Department, or their officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance. Nothing in this Ordinance shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, §24 -10 -101 et seq., C.R.S., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo or the Pueblo City - County Health Department, or their officers, employees or agents. SECTION 8. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 9. After adoption of this Ordinance, three copies of Appendices A and B of the Colorado Air Quality Control Commission's Regulation No. 1, 5 C.C.R. 1001 -3, p. 77 -82 shall be kept in the office of the City Clerk at 1 City Hall Place, Pueblo, Colorado, 81003. Copies of said Appendices shall also be available through the City Clerk for purchase by the public at a moderate price. SECTION 10. This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED June 14, 1999 BY Al Gurule Councilperson APPROVED: -- President of the Council �. ,1 M I Mal -am D D O ED ° City of Pueblo OFFICE OF THE CITY ATTORNEY 127 Thatcher Building PUEBLO, COLORADO 81003 MEMORANDUM TO: Members of the City Council and the City Manager FROM: Thomas J. Florczak, Assistant City Attorney --ce" DATE: June 2, 1999 RE: Revisions to Fugitive Dust Ordinance As requested by City Council, this office drafted revisions to the City's fugitive dust Ordinance which would apply regulatory requirements to parcels of land smaller than one acre and which would enhance the enforcement mechanisms of the existing ordinance. After doing so, copies of the draft revisions were provided to staff of the City- County Health Department, representatives of the Pueblo Association of Home Builders ("PAHB"), and other interested persons for review and comment. As a result of such comment, and particularly to address specific concerns expressed by PAHB, additional modifications were made to the draft Ordinance. Though a product of negotiation with the regulated community, the enclosed Ordinance accomplishes Council's stated objectives and provides additional protections for Pueblo's residents. Among its provisions, the Ordinance • clarifies responsible parties • incorporates by reference more current state regulations for measurement of off - property transport and opacity • imposes fugitive dust control requirements upon operations involving a disturbance to land greater than 1,000 square feet • requires that control measures be specifically designed to mitigate adverse impact upon properties within 1,000 feet of the property where a dust source is located, thereby addressing concerns expressed in neighborhoods adjacent to active development • clarifies the provisions concerning administrative enforcement through notices of violation, cease and desist orders, and permit revocations and suspensions, and provides improved due process through administrative appeal procedures and judicial review. • allows the City to seek injunctive relief and damages for abatement of any nuisance • provides for criminal penalties for more serious conduct and knowing violations. We are informed that the enclosed Ordinance is not objectionable to PAHB. xc: Bob Leach, PAHB Heather Maio, PCCHD © 1993 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 16 CR 10, 10 -93 page 77 APPENDIX A Method for Measuring Opacity from Fugitive Particulate Emission Sources a. Principle and Applicability (i) Principle. The opacity of emissions from fugitive particulate emission sources is determined visually by a qualified observer. (ii) Applicability. This method is applicable for the determination of the opacity of emissions from fugitive particulate emission sources and for qualifying observers for visually determining opacity of emissions; provided, however, this method shall not be used when wind velocities exceed 30 m.p.h. as determined by records from the nearest official station of the U.S. Weather Service, by interpretation of surface weather maps by a qualified meteorologist, or by use of one or more anemometers at the site. The Division shall use anemometers where practicable. b. Procedures. The observer qualified in accordance with Section c. of this method shall use the following procedures for visually determining the opacity of emissions: (i) Position. The qualified observer shall stand at a distance sufficient to provide a clear view of the emissions with the sun oriented in the 140 sector to his back. Consistent with maintaining the above requirement, the observer shall, as much as possible, make his observations from a position such that his line of vision is approximately perpendicular to the plume direction. The observer's line of sight should not include more than one plume at a time. Where the plume from more than one source have been combined such that it is not possible to observe the emissions from a subject source alone this method shall not be applied to the "combined plume" to determine the opacity of emissions from any of the contributing sources. Emissions from rock or mineral drilling, crushing, conveying, screening, and storing are evaluated in the following manner: (A) Drilling. Emissions from drilling operations are evaluated at the point at which they are released from the drilling device or from the drill hole. (B) Crushing. Emissions included at this evaluation point are released as material is discharged from the primary and secondary crushing machines. Observations are performed on the same elevation as the discharge if possible. (C) Conveying. Visible emissions are evaluated as material is discharged at conveyer belt transfer points and loading points. Evaluation shall occur at the same elevation as the discharge if possible. a� , THE CODE OF COLORADO REGULATIONS 5 CCR 1001 -3 Page 78 (D) Screening. Visible emissions are evaluated as material is discharged from the screen into the chutes. The observer shall obtain an observation point as close to the same elevation of the screens as possible. (E) Storage. Observations are performed at ground level. (F) In operations involving rock or mineral drilling, moisture content of the material plays an important part in type and quantity of visible emissions. Therefore, any moisture in the feedstock or addition of moisture to the process should be noted on the field data sheet. (G) Emissions from all other sources of fugitive particulate emissions subject to this regulation shall be evaluated in a manner consistent with the above procedures. (ii) Field Records. The observer shall record the name of the plant, emission location, type facility, observer's name and affiliation, and the date on a field data sheet. The time, estimated distance to the emission location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), and plume background are recorded on a field data sheet at the time opacity readings are initiated and completed. (iii) Observations. Opacity observations shall be made at the point of greatest opacity in the plume and with a background of contrasting color . The observer shall not look continuously at the plume, but instead shall observe the plume momentarily at 15- second intervals. The observer shall record the approximate distance from the emission outlet to the point in the plume at which the observations are made. (iv) Recording Observations. Opacity observations shall be recorded to the nearest 5 percent at 15- second intervals on an observational record sheet. A minimum of 24 observations shall be recorded. Each momentary observation recorded shall be deemed to represent the average opacity of emissions for a 15- second period. (v) Data Reduction. Opacity shall be determined as an average of 24 consecutive observations recorded at 15- second intervals. Divide the observations recorded on the record sheet into sets of 24 consecutive observations. A set is composed of any 24 consecutive observations. Sets need not be consecutive in time and in no case shall two sets overlap. For each set of 24 observations, calculate the average by summing the opacity of the 24 observations and dividing this sum by 24. If an applicable standard specifies an averaging time requiring more or less than 24 observations, calculate the average for all observations made during the specified time period. Record the average opacity on a record sheet. .• o`A3 (�o 5 CCR 1001 -3 THE CODE OF COLORADO REGULATIONS C 1993 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 16 CR 10 10 -93 Page 79 C. Qualifications and Testing (i) Certification requirements. To receive certification as a qualified observer, a candidate must be tested and demonstrate the ability to assign opacity readings in 5 percent increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15 percent opacity on any one reading and an average error not to exceed 7.5 percent opacity in each category. Candidates shall be tested according to the procedures described in paragraph c. (ii). Smoke generators used pursuant to this paragraph shall be equipped with a smoke meter which meets the requirements of paragraph c.(iii). The certification shall be valid for a period of six (6) months, at which time the qualification procedure must be repeated by the observer in order to retain certification. (ii) Certification Procedure. The certification test consists of showing the candidate a complete run of 50 plumes - 25 black plumes and 25 white plumes - produced by a smoke generator. Plumes within each set of 25 black and 25 white runs shall be presented in random order. The candidate assigns an opacity value to each plume and records his observation on a suitable form. At the completion of each run of 50 readings, the score of the candidate is determined. If a candidate fails to qualify, the complete run of 50 readings must be repeated in any retest. The smoke test may be administered as part of a smoke school or training program, and may be preceded by training or familiarization runs of the smoke generator during which candidates are shown black and white plumes of known opacity. (iii) Smoke Generator Specifications. Any smoke generator used for the purposes of paragraph c. (ii) shall be equipped with a smoke meter installed to measure opacity across the diameter of the smoke generator stack. The smoke meter output shall display instack opacity based upon a pathlength equal to the stack exit diameter, on a full 0 to 100 percent chart recorder scale. The smoke meter optional design and performance shall meet the specifications shown in Table 1. The smoke meter shall be calibrated as prescribed in paragraph c. (iii)(A) prior to the conduct of each smoke reading test. At the completion of each test, the zero and span drift shall be checked and if the drift exceeds ± 1 percent opacity, the condition shall be corrected prior to conducting any subsequent test runs. The smoke meter shall be demonstrated, at the time of installation, to meet the specifications listed in Table 1. This demonstration shall be repeated following any subsequent repair or replacement of the photocell or associated electronic circuitry including the chart recorder or output meter, or every 6 months, whichever occurs first. (A) Calibration. The smoke meter is calibrated after allowing a minimum of ,(a TM THE CODE OF COLORADO REGULATIONS 5 CCR 1001 -3 Page 80 30 minutes warmup by alternately producing simulated opacity of 0 percent and 100 percent. When stable responses at 0 percent or 100 percent is noted, the smoke meter is adjusted to produce an output of 0 percent or 100 percent, as appropriate. This calibration shall be repeated until stable 0 percent or 100 percent readings are produced without adjustment. Simulated 0 percent and 100 percent opacity values may be produced by alternately switching the power to the light source on and off while the smoke generator is not producing smoke. Table 1 a. R1 C. d. e. f. 9. Ifl Smoke Meter Design and Performance Specifications Parameter ,Specification Light Source Incandescent lamp operated at nominal rate voltage Spectral Response of Photocell Angle of View Angle of Projection Angle Calibration Error Zero and Span Response Time Smoke Meter Evaluation. to be evaluated as follows: Photopic (daylight spectral response of the human eye - reference d(iii) 15 maximum total angle 15 maximum total ±3% opacity, maximum ± 1 % opacity, maximum Five (5) seconds The smoke meter design and performance are (1) Light Source. Verify from manufacturer's data and from voltage measurements made at the lamp, as installed, that the lamp is operated within ± 6 percent of the nominal rated voltage. (2) Spectral Response of Photocell. Verify from manufacturer's data that the photocell has a photopic response; i.e., the spectral sensitivity of the cell shall closely approximate this standard spectral- luminosity curve for photopic vision which is referenced in (b) of Table 1. (3) Angle of View. Check construction geometry to ensure that the total angle of view of the smoke plume, as seen by the photocell, does not exceed 15 °. The total angle of view may be calculated from: 0 =2 (9 5 CCR 1001 -3 THE CODE OF COLORADO REGULATIONS C 1993 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 16 CR 10, 10 -93 Page 81 tan d /2L where 0 =total angle of view: d =the sum of the photocell diameter + the diameter of the limiting aperture; and L =the distance from the photocell to the limiting aperture. The limiting aperture is the point in the path between the photocell and the smoke plume where the angle of view is most restricted. In smoke generator smoke meters this is normally an orifice plate. (4) Angle of Projection. Check construction geometry to ensure that the total angle of projection of the lamp on the smoke plume does not exceed 15 The total angle of projection may be calculated from: 0 =2 tan d /2L, where 0 =total angle of projection; d =ihe sum of the length of the lamp filament and the diameter of the li r; :sting aperture; and L =the distance from the lamp to the limiting �.perture. (5) Calibration Error. Using neutral density filters of known opacity, check the error between the actual response and the theoretical linear response of the smoke meter. This check is accomplished by first calibrating the smoke meter according to (1) and then inserting a series of three neutral- density filters of nominal opacity of 20, 50, and 75 percent in the smoke meter pathlength. Filters calibrated within ± 2 percent shall be used. Care should be taken when inserting the filters to prevent stray light from affecting the meter. Make a total of five nonconsecutive readings for each filter. The maximum error on any one reading shall be 3 percent opacity. (6) Zero and Span Drift. Determine the zero and span drift by calibrating and operating the smoke generator in a normal manner over a 1 -hour period. The drift is measured by checking the zero and span at the end of this period. (7) Response Time. Determine the response time by producing the series of five simulated 0 percent and 100 percent opacity values and observing the time required to reach stable response. Opacity values of 0 percent and 100 percent may be simulated by alternately switching the power to the light source off and on while the smoke generator is not operating. 0 T� THE CODE OF COLORADO REGULATIONS 5 CCR 1001 -3 Page 82 APPENDIX B Method of Measurement of Off - Property Transport of Fugitive Particulate Emissions a. Applicability. This method is applicable for the determination of the off - property transport of fugitive particulate emissions sources covered by Section II1.D.2 of this regulation; provided, however, this method shall not be used when wind velocities exceed 30 m.p.h. as determined by records from the nearest official station of the U.S. Weather Service, by interpretation of surface weather maps by a qualified meteorologist, or by use of one or more anemometers at the site. The Division shall use anemometers where practicable. b. Procedure (i) Position. The observer shall stand at a distance sufficient to provide a clear view of the emissions with the sun oriented in the 140° sector to his back. The observer shall position himself off said property so as to be able to sight along a line which does not cross the property of emission origination. Consistent with maintaining the above requirements, the observer shall, to the extent possible, make his observations from a position such that his line of vision is approximately perpendicular to the plume direction. (ii) Field Records. The observer shall record the name of the plant, emission location, type facility, observer's name and affiliation, and the date on a field data sheet. The time, estimated distance and the emission location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), and plume background are recorded on a field data sheet at the time readings are initiated and completed. (iii) Observations. Observations shall be made in accordance with the provisions of this Appendix B sighting along a line which does not cross the property of emission origination and two such observations of fugitive particulate emissions transported off the property of at least 15 seconds in duration [within 24 hours] must be made and must be separated by at least fifteen (15) minutes. R rrR 1001 -3 THE CODE OF COLORADO REGULATIONS �.,