(A) No person or firm shall intentionally apply any substance for dust suppression, other than water, to any county road without complying with the requirements of this section.
(B) The County Highway Department shall prepare application forms for residents who wish to have dust suppressant measures applied to gravel roads on a county road along their property.
(C) The applicant shall provide the name, address, and contact information of the person or firm who is proposed to apply dust suppressing substances to the county road, and sign a hold harmless agreement indemnifying the county from liability for damages.
(D) The person or firm that is proposed to apply dust suppressing substances shall provide their name, address, and contact information, plus sign a hold harmless agreement to hold the county harmless and free from any expense or liability, and ensure that:
(1) Dust suppressant substances are legal and approved by IDEM for road application as contemplated herein;
(2) The application is in compliance with the procedures set forth herein; and
(3) Any damages which may result to vehicles on the road as a result of the dust suppression would be covered, without expense, to the county.
(E) The application of dust suppressant shall be done only of a substance approved by IDEM and the County Highway Department, and shall only be done on a surface approved by the County Highway Department.
(F) The applicant shall provide 14 days advance notice of when the road is to be sprayed with dust suppressant. Prior to the application, the County Highway Garage shall either grade the road in preparation of the dust suppressant or shall approve the road for application to minimize ponding of applied substances.
(G) The dust suppression substance shall be spread evenly across the road with a sprayer to prevent ponding on the road.
(H) Following the spray application, the landowner shall immediately apply cover to the entire treated road surface in a manner that is sufficient to ensure the dust control treatment adheres to the road and isn’t otherwise causing damage, or splashing onto passing vehicles. Cover shall be with substances approved by the IDEM and the county, including sand, lime, or small rock, which shall be evenly applied to the road.
(Ord. 2016-01, passed 2-1-2016) Penalty, see § 150.99