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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. |
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