Section 11-60.1-33 - Fugitive dust(a) No person shall cause or permit visible fugitive dust to become airborne without taking reasonable precautions. Examples of reasonable precautions are: (1) Use of water or suitable chemicals for control of fugitive dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land;(2) Application of asphalt, water, or suitable chemicals on roads, material stockpiles, and other surfaces which may result in fugitive dust;(3) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Reasonable containment methods shall be employed during sandblasting or other similar operations;(4) Covering all moving, open-bodied trucks transporting materials which may result in fugitive dust;(5) Conducting agricultural operations, such as tilling of land and the application of fertilizers, in such manner as to reasonably minimize fugitive dust;(6) Maintenance of roadways in a clean manner; and(7) Prompt removal of earth or other materials from paved streets which have been transported there by trucking, earth-moving equipment, erosion, or other means.(b) Except for persons engaged in agricultural operations or persons who are implementing the best practical operation or treatment, no person shall cause or permit the discharge of visible fugitive dust beyond the property lot line on which the fugitive dust originates.(c) Except for persons engaged in agricultural operations, no person shall cause or permit visible fugitive dust emissions equal to or in excess of twenty percent opacity for more than twenty-four individual readings recorded during any one-hour period. Opacity observations shall be conducted in accordance with 40 CFR Part 51, Appendix M, Method 203B, "Visual Determination of Opacity of Emissions from Stationary Sources for Time-Exception Regulations." This rule shall be in addition to complying with paragraphs (a) and (b), including when reasonable precautions are applied and shall be applicable in all circumstances.Haw. Code R. § 11-60.1-33
[Eff 11/26/93; comp 10/26/98; comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 3423-12; 42 U.S.C. §§7407, 7416 ) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416 )Historical note: § 11-60.1-33 is based substantially upon § 11-60-5. [Eff 11/29/82; am, ren § 11-60-5 and comp 4/14/86; am and comp 6/29/92; R 11/26/93]