PERMITTING - Permission to Apply Dust Abatement
It is the policy of Franklin County that the County will not undertake any dust control measures involving the application of dust palliatives on gravel roads. The County will allow, by permit, private individuals or corporations to contract said work under the following Procedures and Rules.
Procedures and Rules
1. Private individuals or corporations must obtain a Permit To Apply Dust Abatement from the Franklin County Public Works Department prior to commencement of dust abatement application.
2. The grantee shall notify the Franklin County Public Works Department a minimum of 5 working days prior to the application of dust abatement. Franklin County shall grade the road to be treated as necessary to insure a smooth surface prior to commencement of the work. The application of the dust abatement shall commence within 4 hours of the County’s preparation of the roadway surface.
3. Dust abatement materials to be used shall be specifically made for dust abatement. Dust oils shall be virgin oil products and shall conform to DOE and EPA standards. Used oils and/or waste products are prohibited
4. Prior to the application of dust abatement products on a County Road a MSDS (Material Safety Data Sheet) shall be required and a copy shall be submitted to the Public Works Director / County Engineer.
5. Necessary maintenance of a County Road, treated with dust abatement, due to roughness, poor drainage, or other problems shall be done at any time following the application of dust abatement. The determination of necessary maintenance shall be made by the Public Works Director / County Engineer or his/her representative.
6. Areas to be treated that are within 1/4 mile or less of existing paved or treated sections of County Road shall be treated up to the paved or treated section. Franklin County will not approve a permit for application of dust abatement for a section of gravel road that is less than 600 feet in total length.
7. The location, type of work, materials and equipment used, manner of erection or construction, safeguarding of public traffic during work or after doing same, mode of operation and manner of maintenance of project petitioned for, shall be approved by the County Engineer prior to start of work and shall be subject to inspection by the County Engineer so as to assure proper compliance with the terms of this permit.
8. The grantee shall leave all roads, streets, alleys, public places, and structures after installation and operation or removal of facility, in is as good and safe condition in all respects as it was before commencement of work.
9. A bond shall be required to insure compliance with all conditions and said bond will be kept in effect until the work authorized is approved by the Franklin County Public Works Department. The bond amount shall be based on $1,000.00 per mile with a $500.00 minimum. In case of any damage to roads, streets, alleys, public places, structures or public property of any kind on account of said work done by the grantee, he/she shall at once repair said damage at his/her sole cost and expense. The County Engineer, his/her agents or representatives may so order, or have done any and all work considered necessary to restore to a safe condition any roads, streets, alleys, public places, structures or public property which is in a condition dangerous to life or property resulting from the grantee’s work as permitted herein, and upon demand the grantee shall pay to the County all costs of such work and materials.
10. The County Engineer may revoke, annul or terminate this permit if grantee fails to comply with any or all of it’s provisions, requirements or regulations as herein set forth or through willful or unreasonable neglect, fails to heed or comply with notices given him/her or if work herein permitted, is not applied in conformity herewith or at all.
11. In accepting the permit, the grantee does hereby agree and undertake to construct and maintain the works or subject matter herein referred to in such a manner as to absolutely protect all users of the County Road upon which the same is constructed or maintained and does hereby agree and undertake to indemnify and save harmless Franklin County or it’s officers, agents, or servants from all suits, actions, claims, or proceedings of every name or description in law or in equity brought against it’s officers, agents, or servants for on account of any injuries or damages received or sustained by any person, structure, or property by reason of or incidental to the construction and maintenance of the works or subject matter herein referred to.
12. It is expressly understood by the said grantee that the permission herein granted is not a permanent or perpetual permission, easement, or franchise, but that the permission herein granted is a permission by sufferance only and that Franklin County reserves the right in the granting of this permission to at any time and for any reason revoke and terminate the same and to remove the works or subject matter herein referred to at any time at the cost of said grantee.
13. The construction and maintenance of the works or subject matter herein referred to shall, at all times, be subject to the approbation and approval of the Public Works Director / County Engineer of Franklin County.