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Transportation Code | |
Construction, Maintenance, and Operations Act | |
Section 106.5 | Reuse of industrial byproducts. |
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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 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 executive secretary issues an approval under Section 19-6-1104 and the department 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 industrial byproduct under Title 19, Environmental Quality Code.
Enacted by Chapter 340, 2009 General Session |
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