PURPOSE: This rule provides terms of the written agreement between the adopter and the commission.

1. (1) If an application is approved by the commission, the adopter or adopter representative shall execute a written agreement with the commission, and upon signing by both parties, the agreement becomes effective and provides for the individual’s or group’s participation in the program.

2. (2) Responsibilities of Adopter. The adopter shall—

   1. (A) Abide by all provisions contained in the agreement and any other terms and conditions as required by the department;
   2. (B) Provide to the commission, in writing, the name and complete mailing address, including street address, of the adopter representative and notify the commission within thirty (30) days, in writing, of any change of the adopter representative’s name or address;
   3. (C) Abide by all safety requirements as listed in the department’s Safety Tips brochure;
   4. (D) Have the adopter, if the adopter is one individual, or the adopter representative participating in the program activity attend a safety training meeting conducted by the commission before participation in the initial program activity;
   5. (E) Have all members of the group participating in the program activity attend a safety training meeting conducted by the adopter representative, before participation in the initial program activity;
   6. (F) Have the adopter or adopter representative submit to the commission, in writing on a form provided by the department, the following information: 1) the name and street address of each participant; 2) a release of liability signed by each participant or parent or legal guardian of the participant if participant is a minor; 3) the participant’s acknowledgement that he/she has attended a safety training meeting; and 4) if the participant is not a minor, the participant’s statement that he/she has not been convicted of, or pled guilty or no contest to, a violent criminal activity;
   7. (G) Properly use all safety equipment provided by the department and perform the work in a safe, responsible, and professional manner;
   8. (H) Provide one (1) adult supervisor for every eight (8) participants between thirteen and seventeen (13–17) years of age and one

3. (1) adult supervisor for every four (4) participants between six and twelve (6–12) years of age. No one under the age of six (6) will be allowed to participate in the program;

   1. (I) Adopt a section of highway right-of-way for a minimum of three (3) years and submit a new application every three (3) years if the adopter wants to continue participation in the program;
   2. (J) Collect litter along the adopted section a minimum of twice every six (6) months, or as required by the commission;
   3. (K) Adopt for litter pickup a minimum of two (2) miles in rural areas and one-half (1/2) mile in urban areas. Shorter lengths may be permissible in special circumstances;
   4. (L) Provide prior notice, as required by the commission before performing any program activity;
   5. (M) Restrict program activities to the areas of right-of-way outside the pavement and shoulder areas;
   6. (N) Perform program activity between the hours of one (1) hour after sunrise to one (1) hour before sunset and not during inclement weather;
   7. (O) Prohibit participants from possessing, consuming, or being under the influence of alcohol or drugs while participating in the program;
   8. (P) Place litter in trash bags provided by the department and place filled trash bags at a designated location;
   9. (Q) Separate tires, batteries and other trash as needed for proper disposal according to local landfill requirements;
   10. (R) Indemnify and hold harmless the commission and department and their officers, employees and agents from any claim, lawsuit or liability which may arise from adopter’s participation in the program;
   11. (S) Have the adopter or adopter representative submit to the commission within five

4. (5) working days of any program activity, the following information: 1) the adopter’s name; 2) the date of the program activity; 3) the total hours involved in the program activity; and 4) the total number of bags of trash picked up. This information can be provided by calling the department representative, by E-mailing the department representative or by filling out and mailing the Activity Report form provided by the department. This information will enable the department to monitor the program’s success; and

   1. (T) Not subcontract or assign its responsibilities under this program to any other enterprise, organization, or individual unless assignee is also an active adopter.

5. (3) Responsibilities of Commission. The commission shall—

   1. (A) Determine the specific section of rightof-way that is to be adopted;
   2. (B) Except as provided for in 7 CSR 10- 14.050, install and maintain signs, if desired by the adopter, at both ends of the adopted section;
   3. (C) Provide the adopter with trash bags;
   4. (D) Provide safety training to the adopter, if the adopter is one individual, or the adopter representative which includes but is not limited to a safety video and Safety Tips brochure;
   5. (E) Provide the adopter with safety equipment; and Transportation Commission
   6. (F) Remove and dispose of filled trash bags from the adopted section as soon as practical after the litter pickup is finished.

AUTHORITY: section 227.030, RSMo 1994.* Original rule filed Feb. 15, 1995, effective July 30, 1995. Emergency amendment filed Feb. 8, 2000, effective Feb. 18, 2000, expired Aug. 15, 2000. Amended: Filed July 10, 2000, effective Jan. 30, 2001. *Original authority: 227.030, RSMo 1939.