3745-20-09. Standard for roadways

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-20-01 of the Administrative Code titled "Referenced materials."]

No person shall construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway, unless, for asbestos tailings, the roadway conforms to one of the following :

(A) It is a temporary roadway on an area of asbestos ore deposits (asbestos mine).

(B) It is a temporary roadway at an active asbestos mill site and is encapsulated with a resinous or bituminous binder. The encapsulated road surface shall be maintained at a minimum frequency of once per year to prevent dust emissions.

(C) It is encapsulated in asphalt concrete meeting the United States department of transportation, federal highway administration specifications contained in Section 401 of FP-14 ; "Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects," or an equivalent.

Effective: 4/8/2018
Five Year Review (FYR) Dates: 11/30/2017 and 04/08/2023
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 11/18/2002, 02/02/2007, 03/02/2012