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J/ 1/ D. Determination of fugitive dust control mitigation. When a roadway segment meets the criteria for County mitigation, the County may, when practical and within budgetary constraints, select one (1) of the following alternatives to mifigafe fugitive dust: 1. Surface treatment using dust control agents with a frequency of no more than two (2) applications per year at the County's discretion. 2. Six-inch stabilized aggregate base using dust control agents. 3. Paving, based upon qualification though the Capita( Improvement Project prioritization process. 4. Speed limit reductions. 5. Periodic watering. The mitigation alternative and time of implementation will be based on budget and seasonal constraints. The County will confirm the need for continued mitigation on roadway segments by conducting annual traffic counts using the procedures noted above and maintaining historical traffic Count records. Should the AADT on a road segment fall below two hundred (200) vehicles per day, dust control mitigation may be discontinued by decision of the Board of County Commissioners. E. Private application. The County has no objection to individuals applying dust control chemicals to County roads at their own expense, provided that they agree to the fallowing conditions: 1. Chemicals used for dust control may not contain any hazardous substances as defined in Section 29-22-101, C.R.S. Individuals are advised that petroleum products, whether commercially processed or not, may contain hazaMous substances. 2. Used oil may not be used. 3. Dust control chemicals must be applied in such a manner that will not contaminate any waters of the State. Therefore, any materials which may wash from the roadbed will not be suitable. 4. The County will make every effort not to disturb the section of road which has been treated with dust control chemicals. It will be the County's decision at what point the roadway must be graded to restore a reasonable travel surface. The County will not be responsible for reapplying dust control chemicals. 5. All dust control agents used on County roads shall be approved for use by the Department of Public Health and Environment and the Department of Public Works. Currently, the materials listed in Appendix 8-D to this Chapter are approved for use. The County reserves the right to add Or delete materials from the approved list at any time without prior notice. The application of any substance to a County road for purposes of dust control, not specifically identified in the approved list of materials, shall be approved for use in writing from the Department of Public Health and Environment and the Department of Public Works prior to its application. 6. The County will grade the roadbed prior to the application of dust control chemicals at na cost to the individual. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-1)