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HomeMy WebLinkAbout880117.tiff RESOLUTION RE: APPROVE POLICY CONCERNING FUGITIVE DUST CONTROL ON WELD COUNTY ROADS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Policy concerning Fugitive Dust Control on Weld County Roads, and WHEREAS, after study and review, the Board deems it advisable to approve said Policy, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Policy regarding Fugitive Dust Control on Weld County Roads be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of February, A.D. , 1988 . P111BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Jerk and Recorder Y and Clerk to the Board ene R. Brantner, Chairman • ( $ .tJ ) C.W4& Tem eputy County e APPROVED AS TO FORM: J-cqu e =on Go • • ,•a ri ounty Atto ney Fran ramaguchi f- ONO C� �piiy ._ to"GG�e- -(9.9 880117 POLICY FUGITIVE DUST CONTROL ON WELD COUNTY ROADS It shall be the policy of the Board of Weld County Commissioners to address fugitive dust on Weld County roads as follows: 1) Fugitive dust control will be performed on Weld County roads only where the cost of dust control chemicals is reimbursed to Weld County by the individuals requesting dust control chemicals or by other separate funding mechanisms. 2) Weld County has no objection to individuals applying dust control chemicals providing they agree in writing to the following conditions: A) Chemicals that are used for dust control may not contain any hazardous substances as defined in Colorado Revised Statutes, Section 29-22-101 . Individuals are advised that petroleum products, whether commercially processed or not, may contain hazardous substances. B) Petroleum products that contain naphtha or other combustible material may not be used. C) Dust control chemicals must be applied in such a manner that will not contaminate any waters of the state. Therefore, material that may wash from the roadbed will not be suitable. D) Weld County will make every effort not to disturb the section of road that has been treated with dust control chemicals. However, it will be the County' s decision at what point the area must be graded. Weld County will not be responsible for reapplying dust control chemicals. E) Individuals that choose to apply dust control chemicals will be responsible for knowing the content and reporting that information in writing to the Weld County Engineering Department. Individuals will also be responsible for the application of the chemicals and any damage that may occur from the use of the chemicals. F) Individuals must agree to indemnify, defend and hold harmless Weld County and its officers and employees from any claims arising from the Page 1 of 2 pages 880117 application of dust control chemicals by the individuals. 3) Weld County will provide the preparation of the roadbed prior to the application of dust control chemicals at no cost to the individual. Preparation may include the import of gravel material, grading, compaction and wetting. All or a portion of these methods will be used depending on the condition of each individual road and the chemical to be applied. 4) Should the Colorado Department of Health require Weld County to apply dust control chemicals, Weld County will apply the chemicals and charge adjacent property owners for the cost of chemicals only. If Weld County is not reimbursed by the individual property owners, a reapplication of chemicals will not be made. 880117 Page 2 of 2 pages Hello