| (a) A responsible party for an active pit in hazardous proximity to a public road must construct a barrier or other device between the public road adjoining the site and the pit. (b) A responsible party for an abandoned or inactive pit which is both in hazardous proximity to a public road and in an unacceptable unsafe location must construct a barrier or other device between the public road adjoining the site and the pit. (c) The responsible party may choose to slope the sidewalls of a pit in place of constructing a berm or barrier, provided that in the opinion of the responsible party such corrective measure better serves the public safety and provided that the slope shall not exceed 30 degrees from the horizontal. (d) The barrier or other device must be completed not later than the 90th day after the day on which the responsible party receives a notice of approval from the department. An additional time of not more than 60 days may be granted by the department for good cause shown. If the responsible party must obtain an easement or right-of-entry before constructing the barrier or other device, the department may grant additional reasonable time to complete the barrier or other device. (e) The department may grant a waiver from the barrier requirement if the responsible party submits an application to the department showing that: (1) a governmental entity obtained a right-of-way and constructed a public road within 200 feet of the abandoned or inactive pit before August 26, 1991; and (2) the pit has remained abandoned or inactive since the road was constructed. |
