72-6-106.5 - Reuse of industrial byproducts.
72-6-106.5. Reuse of industrial byproducts.
(1) As used in this section:
(a) "Executive secretary" has the same meaning 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 acceptedengineering practices, the department shall, to the maximum extent possible considering budgetaryfactors:
(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 industrialbyproduct based upon:
(i) cost;
(ii) performance; and
(iii) engineered equivalency in lifespan, durability, and maintenance.
(3) After the executive secretary issues an approval under Section 19-6-1104 and thedepartment uses the industrial byproduct in compliance with the executive secretary'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 industrialbyproduct under Title 19, Environmental Quality Code.
Enacted by Chapter 340, 2009 General Session