PURPOSE: This rule prouides terms of the written agreement between the adopter and the commission.
Editor’s Note: The Secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome 01 ezpemiue. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of Stateorat the headquarters oftheagency and isavailable toanyinterested person at a cost established by state law.
- (1) If an application is approved by the commission, the adopter representative shall execute a written agreement with the commission, and upon signing by both parties, the agreement becomes effective and pruvides for the group’s participation in the program.
(2) Responsibilities of Adopter. The adopter shall- (AI Abide by all provisions contained in the agreement and any other terms and conditions as required by the department;
- (B) Abide by all safety requirements as liied, m the departments Safety TIPS bro-
- (C) ‘Have all members of the group participating in the program activity attend a safety meeting conducted by the adopter representative, or designee, before participation in any program activity;
- (D) Properly use all safety equipment provided by the department and perform the work in a safe and professional manner;
- (E) Provide one (1) adult supervisor for every eight (8) participants between thirteen and seventeen (13-17) years of age and one (I) adult supervisor for every four (4) participants between six and twelve (6-U) years of age. No one under the age of six (6) will be allowed to participate in the program;
- (F) Adopt a section of highway right-of-way for a minimum of three (3) years;
- (G) Collect litter along the adopted section a minimum of four (4) times per year, or as required by the commission; (HI Adopt for litter pickup a minimum of two
- (2) miles in rural mas and one-half (l/Z) mile in urban areas. Shorter lengths may be permissible in special circumstances;
- (I) Provide prior notice, as required by the commission before performing any program activity; m 7 CSR IO-14-HIGHWAYS AND TRANSPORTATION
- (J) Restrict program activities to the areas of right-of-way outside the pavement and shoulder areas;
(K) Perform program activity between the hours of one (1) hour after sunrise to one (1) hour before sunset and not during inclement weather;
- (L) Prohibit members from possessing, consuming, or being under the influence of alcohol or drugs while participating in the program; -
- (M) Placelitterin trash bags provided bythe department and place filled trash bags at a designated location;
- (N) Separate tires, batteries and other trash as needed for proper disposal according to local landfill requirements; and
- (0) Indemnify and hold harmless the commission and department and their officers, employees and agents from any claim, lawsmt or liability which may arise from adopter’s participation in the program.
(3) Responsibilities of Commission. The cammission shall-
- (A) Determine the specific section of rightof-way that is to be adopted;
- (B) Install and maintain signs, if desired by the adopter, that conform with 7 CSR IO- 14.050, at both ends of the adopted section;
- (C) Provide the adopter with trash bags;
- (D) Provide the adopter with safety equipment; and
- (E) Remove and dispose of filled trash bags from the adopted section as soon as practical after the litter pickup is finished.
(4) Termination of Agreement. The commit sion reserves the right to terminate the agreement and remove the signs when, in the sole judgment of the commission, it is found the adopter has not met the terms and conditions of the agreement or thereis concern about the safety of the adopters, traveling public or Missouri Highways and Transporta. tion Department (MHTD) employees.
Auth: section 227.030, RSMo (1994/.* Original rule filed Feb. 15,1995, effectiue July 30,1995. *Original authority 1939.