"Particulate matter emitted from unenclosed operations including building site preparation, construction sites, demolition, road repairs, quarrying, storage or transportation of particulate matter, sandblasting and feedlots shall be unlawful and deemed a nuisance if it leaves the premises on which it originates and enters onto another’s premises so as to obstruct or interfere with the reasonable and comfortable use and enjoyment of the property."

Definition of Fugitive Particulates

Fugitive particulates are solid airborne particulate matter emissions, which cannot be reasonably collected and are passed through a stack, chimney, vent or equivalent opening. Fugitive particulates are regulated by the Denver Revised Municipal Code, Chapter 4, Section 4-10 (b), and Colorado Air Quality Control Commission Regulation 1., III., D. State of Colorado regulation of fugitive particulates. State of Colorado Regulation of Fugitive Particulates

Sources of Fugitive Particulates

Here in the arid West, high to moderate winds can pick up geographic dust from open fields and undeveloped areas. This dust or dirt becomes airborne as fugitive particulate matter.

Fugitive particulates are also produced by activities at construction projects, demolition, traffic on unpaved haul roads, carryout of mud or dirt from a construction site onto paved roads, sandblasting, and the actual transportation of particulate matter.

Preventing Fugitive Particulates

There are various strategies for controlling particulates from your site, including but not limited to water suppression, chemical stabilizers, vehicle speed control, gravelling entrance roads to site, mechanical sweeping of paved roads, covering of storage piles, stopping grading or moving activities during periods of high winds, etc. In short, fugitive particulates must be controlled by any means practically available.

Land development activities may require filing of a Land Development Fugitive Dust Control Plan with both the Environmental Protection Division and the Colorado Department of Public Health and the Environment.

Reporting Fugitive Particulate Emissions

Make note of the location where the emissions are originating and, if possible, include the name of the contractor developing the site. Call the Denver Department of Environmental Health, Environmental Protection Division with the information. The Division may be reached at 720-865-5452.