§ 72-6-106.5. Reuse of industrial byproducts.

(1) As used in this section:

(a) "Director" is as defined in Section 19-6-1102.

(b) "Industrial byproduct" has the same meaning as defined in Section 19-6-1102.

(c) "Public project" has the same meaning as defined in Section 19-6-1102.

(d) "Reuse" has the same meaning as defined in Section 19-6-1102.

(2) Consistent with the protection of public health and the environment and generally accepted engineering practices, the department shall, to the maximum extent possible considering budgetary factors:

(a) allow and encourage the reuse of an industrial byproduct in:

(i) a plan, specification, and estimate for a public project; and

(ii) advertising for a bid for a public project;

(b) allow for the reuse of an industrial byproduct in, among other uses:

(i) landscaping;

(ii) a general geotechnical fill;

(iii) a structural fill;

(iv) concrete or asphalt;

(v) a base or subbase; and

(vi) geotechnical drainage materials; and

(c) promulgate and apply public project specifications that allow reuse of an industrial byproduct based upon:

(i) cost;

(ii) performance; and

(iii) engineered equivalency in lifespan, durability, and maintenance.

(3) After the director issues an approval under Section 19-6-1104 and the department uses the industrial byproduct in compliance with the director's approval:

(a) the department is not responsible for further management of the industrial byproduct; and

(b) the generator or originator of the industrial byproduct is not responsible for the industrial byproduct under Title 19, Environmental Quality Code.

Amended by Chapter 360, 2012 General Session