Landscape companies doing business in Fort Collins are now subject to the Fugitive Dust Ordinance, which became effective November 1, 2016. According to Zak George, Zak George Landscaping, LLC, who attended city meetings throughout the two-year process of developing the ordinance, “A lot of the ordinance is common sense. The biggest problem is out-of-town contractors who don’t live in our city and don’t care.”

The city provided a training session for landscape professionals in December, led by Jenna Channel, Associate Environmental Planner – Air Quality, to help them understand what the ordinance requires. Key compliance areas of concern to landscape businesses, which are elaborated in more detail in the Dust Control and Prevention Manual, include the following:

• Fugitive dust is any particle that is in the air that can impact health, become a nuisance or represent a safety/visibility hazard. 
• The city recognizes there will be dust in the course of construction and maintenance. Dust becomes an issue when it crosses the property line. The ordinance applies to public right of way.
• While the city is hiring and training inspectors, their role is limited to responding to complaints and in the case of violations, they may issue warnings that could lead to citations. Compliance is a complaint-driven process and inspectors are not out looking for violators.
• Citations are not issued until one or more warnings have been issued.
• Companies are NOT subject to violations if they are following the Best Management Practices as outlined in the manual.
• The critical point landscape pros should know is if their company complies with all of the required BMPs listed in the manual and still has dust, they must then do one more recommended BMP to remain in compliance. There are no violations when companies do all the required practices plus one more recommended one. All of the BMPs are outlined per operation—such as leaf blowing, sawing, etc.—in the manual.

Among the most common dust-creating activities within the landscape industry are leaf blowing, transporting materials, site work, saw cutting and grinding, and trackout/carry out when dust adheres to tires on vehicles and equipment and crosses the property line. Company owners/operators should refer to the complete manual to know which practices apply to their operations and the required and recommended BMPs they should follow in order to remain compliant.  

Read more in this issue of Colorado Green NOW:
Perennial trials offer new ideas for hardy landscapes
ProGreen EXPO keynote presents "The Spark, the Flame and the Torch"
Know IRS changes for employees and employers
Making and keeping resolutions for your business in 2017