§ 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 mor
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§ 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.