SPRINGVILLE -- Ruth Fuller is no stranger at Springville City Hall.
As a stalwart at weekly City Council meetings, Fuller has been a thorn in the side of city officials for nearly two years, especially during bitter legal battles against city administrators who unsuccessfully tried to condemn her family's land.Now, Ruth and her husband, David, a former mayoral candidate, are threatening to file another suit against Springville if workers on yet-to-be-finished Canyon Road project don't comply with state regulations regarding "fugitive dust."
"We are all just sick of it," said Ruth Fuller, who lives at 2025 Canyon Road. "Look at my lawn. It's white and it's not snow. It's nice and sunny outside. It is dust."
Fugitive dust is particulate matter -- like soil -- which becomes airborne because of a wind or mechanical disturbance of surfaces, according to Utah administrative rules.
State law requires workers involved in a construction project larger than 1/4 acre to minimize airborne particles by means approved by the Utah Department of Air Quality.
Common steps taken to reduce dust include watering, stabilization with chemicals, creating a wind break or growing vegetative cover.
"Anyone living on Canyon Road will tell you that there is ample fugitive dust from the project that a layman could validate the existence of the same without an 'expert' to tell them of its presence," wrote Matt Hilton, the Fullers' attorney, in a Nov. 27 letter to Mayor Hal Wing.
David and Ruth Fuller said they are concerned for the health of the neighborhood. Also, Ruth Fuller, a throat cancer survivor, is sensitive to polluted air, and one of her children has asthma.
Hilton said he is preparing a complaint for an injunctive order requiring the city to comply with state air-quality laws if city officials do not offer a written plan of action to settle the dust.
"We've asked them for what the city will do in writing, and as soon as they don't comply we'll slap them with a suit," Ruth Fuller said.
City Councilman Rod Oldroyd agrees that dust is kicked up by traffic and con- struction crews along the stretch of road. "Besides being dusty it is somewhat shaky," he said.
Gordon Miner, the city's public works director, said he talked with air-quality officials this week to determine the city's responsibilities in minimizing dust in a construction area.
Work on the road started in August. Bus routes for about 60 students were affected.
As a safety measure, workers will start "watering the road in non-freezing weather," Miner said. "The Department of Air Quality is in agreement with that, and they will address other concerns as they come in."
Meanwhile, city officials Tuesday approved the issuance of a $600,000 lease-revenue bond to complete the road's overhaul. Officials expect to finish work on the multimillion-dollar road next year.
Zion's Bank entered the lowest of two bids, offering a 4.45 percent interest rate over a five-year retirement plan. After an anticipated closing next Tuesday, the city will be required to make two payments yearly on the municipal financing package.
"They've done a deal with us before and they are comfortable with the city," said Cameron Gunter, Springville's administrative services director. "This is to get the road done."