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 the last paragraph of rule 3745-20-01 of the Administrative Code titled”Incorporation by reference.”]

No person may construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway, unless, for asbestos tailings:

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

(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 must be maintained at a minimum frequency of once per year to prevent dust emissions; or

(C) It is encapsulated in asphalt concrete meeting the United States department of transportation, federal highway administration specifications contained in Section 401 of FP-03; “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” or their equivalent.

Effective: 02/02/2007

R.C. 119.032 review dates: 11/13/2006 and 02/02/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A), 3704.03(E)

Prior Effective Dates: 11/18/2002