SUBJECT:          DUST ABATEMENT POLICY

EFFECTIVE:        February 12, 2014                                       SECTION:  32

REVIEW DATE:   October 10, 2018 Res. No. 415/18; February 11, 2020; February 23, 2022, Res. No. 0822/22, March 13, 2024, February 25, 2026

County Resolution  

 

Policy Purpose:
 

To establish procedures and parameters for dust abatement on gravel roads within the County, subject to budgetary constraints and operational feasibility.

 
Policy Statement:  
 

The County recognizes that dust from gravel roads may pose health, safety and/or general nuisance concerns and therefore offers County residents a dust abatement program to mitigate the impact of dust and improve quality of life.

 

Definitions:

 

Residential Applicant: Applicants that apply for dust abatement on roads adjacent to their continuously inhabited standalone residential dwelling.

 

Non-residential Applicant: Applicants that are not Residential Applicants and apply for dust abatement on roads adjacent to their facility or infrastructure.

 

Policy Guidelines
 

1)    The County will apply dust suppression product(s) on gravel roads within the County after receiving payment and a duly executed Dust Abatement Agreement by an Applicant.

 

2)    For both Residential and Non-residential Applicants, dust abatement is subsidized and delivered on a cost-shared basis; however, Non-residential Applicants will cover vast majority of the cost to deliver the service to them.

 

3)    The County will apply dust suppressant(s) for a continuous minimum of two hundred (200) meters for both Residential and Non-residential Applicants. Two hundred (200) meters is also the maximum distance that any Applicant will receive subsidized dust abatement for.

 

 

4)    An Applicant that desires dust abatement for more than two hundred (200) metres must pay the unsubsidized price for any length of distance beyond the initial two hundred (200) meters.

 

5)    The minimum distance the County will apply dust suppressant for a Residential or Non-residential Applicant beyond the subsidized two hundred (200) meters is fifty (50) metres.

 

6)    The County will generally provide the dust abatement service two (2) times every year, and an Applicant may choose to receive the service up to two (2) times per year.

 

7)    The dust suppression product and the date of application will be determined by the County, in its sole discretion, and will be at such a time when dust suppression product is available and can be applied.

 

8)    An Applicant is responsible for ensuring that the dust suppressant is applied at the desired location and the paid-for length.

 

9)    Residential and Non-residential Applicants that miss the deadline for submitting their payment and/or a duly executed Dust Abatement Agreement must pay the unsubsidized price for the service, subject to operational considerations and approval by the County at its sole discretion.

 

10) Road oil-based dust abatement service is not provided by the County.

 

11)This Policy does not apply to County roads subject to a Road Use Agreement (RUA) between the County and an individual or entity.

 

Provincial Roads
 

12) Paid-for and duly executed Dust Abatement Agreements can be submitted by Residential and Non-residential Applicants that desire dust abatement adjacent to three (3) digit Provincial gravel roads within the County.

 

However, dust suppressant(s) will not be applied until authorization from Alberta  Transportation and Economic Corridors (ATEC) has been received. The County will seek permission from ATEC on behalf of the Applicant(s).

 

Application Deadline:

 

13) For Residential and Non-residential Applicants, the deadline to submit payment and a duly executed Dust Abatement Agreement is April 30, of the going year.

 

In the event that an Applicant fails to meet the deadline but wishes to receive the dust abatement service, they must contact the County before submitting payment or a duly executed Dust Abatement Agreement. If operationally feasible, and at the County’s sole discretion, the County may approve their late request.

 

Cost of Dust Abatement

 

14) The cost of providing the dust abatement service by the County is established by the Fees and Service Rates Policy and is listed in the Dust Abatement Agreement, which may be updated, amended, or modified from time to time.

 
Operationally Driven Dust Abatement
 

15) Every year, the County may budget for and provide free-of-charge dust abatement service to inhabited residential dwellings along the County’s Gravel Haul Route, Designated Haul Routes, and at other locations that the County considers appropriate for safety or other reasons, for an overall benefit to the community.

 

The no-charge dust abatement service, in the manner the County considers suitable and adequate, will be provided for a maximum of two hundred (200) meters to inhabited residential dwellings that the County considers adversely affected, in the County’s sole discretion, along County’s Gravel Haul Route and Designated Haul Routes.

The following roads are considered as Designated Haul Routes:

a)	Nemiscam Road - RR103	- From Highway No. 3 to Highway No. 61
b)	Bow Island Shop Road - RR110	- From Highway No. 3 going south for 8 miles
c)	Bow Island Airport Road - RR105	- From Highway No. 3 north for 4 miles
d)	West of Etzikom - RR93	- From Highway No. 61 going south to Highway 501
e)	Hoping Road - RR102	- From Highway No. 61 going south to Highway 501
f)	Rge Rd 130 from Twp Rd 60 to Twp Rd 42; and
g)	Rge Rd 112 from Twp Rd 90 to Twp Rd 110

As traffic patterns change, the Designated Haul Routes may also be modified or updated.

COUNTY OF FORTY MILE NO. 8

a municipal corporation in the Province of Alberta

(hereinafter called "the County")

 

- And -

WHEREAS the Applicant wishes to have the County apply Dust Abatement Material to portions of roadway identified in Schedule “A” of this Agreement (hereinafter called the “Road”);

WHEREAS the County subject to certain terms and conditions has agreed to apply Dust Abatement Material to the Road;

 

NOW, THEREFORE in consideration of the covenants and agreements hereinafter set forth, the Parties hereto covenant and agree to as follows:

 

1.  Immediately upon entering into this Agreement, the Applicant agrees to pay to the County the cost of applying the Dust Abatement Material to the Road in accordance with the County’s Dust Abatement Policy.

 

2.  The date and method of application of the Dust Abatement Material shall be determined at the sole discretion of the County.

 

3.  The Applicant acknowledges that it is their responsibility to flag the length of the Road that they desire Dust Abatement Material on prior to its application.

 

4.    The Applicant acknowledges and agrees that: (1) the effectiveness of the Dust Abatement Material may be influenced by various factors that include but are not limited to composition of fine in gravel, rainfall, weather, traffic volume, and the speed and weight of vehicles travelling on the Road; and (2) the life expectancy of the Dust Abatement Material is unknown and the County provides no warranty or refunds.

 

5.    The Applicant further acknowledges and agrees that any time after the application of Dust Abatement Material to the Road,  the County can scarify, grade, and do whatever it considers appropriate, in its sole discretion, to the Road to maintain safety of the roadway and a reasonably smooth driving surface, mitigate any traffic hazards, or any other acts or omissions that it considers proper.  

6.  The Applicant shall have no claims, demands, or actions against the County in the event the County scarifies, grades, or does whatever it considers appropriate, in its sole discretion, to the Road to maintain safety of the roadway and a reasonably smooth driving surface, mitigate any traffic hazards, or any other acts or omissions that it considers proper.  

 

7.  The County will apply the Dust Abatement Material to the Road to a maximum width of seven (7) meters.

 

8.    The Applicant agrees to release any claims they might have against the County for any damages to real and personal property owned or occupied by them, including damages to crops, trees, and livestock growing or located on their said real property, and further agrees to indemnify the County against all liabilities, costs, suits, claims, demands, actions and causes of actions of any kind by them for which the County may become liable by reason of the application of Dust Abatement Material to the Road.

 

 

IN WITNESS THEREOF this Agreement has been executed on behalf of the County by its proper officers in that behalf and has been duly executed by the Applicant.

 

DATED AND SIGNED the day and year first above set forth.

 

P.O. Box 160, Foremost, AB T0K0X0 – Address: 113072 HWY 61 – Phone: (403)867-3530 – Fax: (403)867-2242

Application Deadline – April 30th

Please submit applications to info@fortymile.ab.ca, mail, or drop off at County Office.

To pay by credit card, please visit our payment page using the link below:

Credit Card Payment Link

After completing your payment, please return to this form to finish and submit your application.

To a Maximum of 200 Metres

Please draw or submit a sketch that include township and range information on the map edges

P.O. Box 160, Foremost, AB T0K0X0 – Address: 113072 HWY 61 – Phone: (403)867-3530 – Fax: (403)867-2242