SECTION 252:100-29-2. General provisions

(a)   Prohibitions. No person shall cause or allow any fugitive dust source to be operated, or any substances to be handled, transported or stored, or any structure constructed, altered, or demolished to the extent that such operation or activity may enable fugitive dust to become airborne and result in air pollution, without taking reasonable precautions to minimize or prevent pollution.

(b)   Reasonable precautions. Reasonable precautions include, but are not limited to, those actions set forth below at OAC 252:100-29-3(1) through (6).

(c)   Emission boundaries.

(1)   No person shall cause or allow the discharge of any visible fugitive dust emissions beyond the property line of the property on which the emissions originate in such a manner as to damage or to interfere with the use of adjacent properties. If the DEQ determines that this rule has been violated, the owner or operator of the fugitive dust emissions source or sources shall implement controls, subject to economic and technological feasibility, to prevent future violations.

(2)   No persons shall cause or allow the discharge of any visible fugitive dust emissions beyond the property line of the property on which the emissions originate in such a manner as to cause air quality standards to be exceeded or interfere with the maintenance of air quality standards.

[Source: Added at 11 Ok Reg 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at 18 Ok Reg 1490, eff 6-1-01]