First Substitute S.B. 224

Senator Curtis S. Bramble proposes the following substitute bill:

1 REUSE OF INDUSTRIAL BYPRODUCT
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to the reuse of an industrial byproduct.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . authorizes the Solid and Hazardous Waste Control Board to makes rules;
14 . authorizes the executive secretary to receive and act upon an application for reuse of
15 an industrial byproduct; and
16 . requires the Department of Transportation to allow and encourage the reuse of an
17 industrial byproduct in the construction of department projects.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 19-6-1101, Utah Code Annotated 1953
25 19-6-1102, Utah Code Annotated 1953

26 19-6-1103, Utah Code Annotated 1953
27 19-6-1104, Utah Code Annotated 1953
28 72-6-106.5, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 19-6-1101 is enacted to read:
32 Part 11. Industrial Byproduct Reuse
33 19-6-1101. Title.
34 This part is known as "Industrial Byproduct Reuse."
35 Section 2. Section 19-6-1102 is enacted to read:
36 19-6-1102. Definitions.
37 As used in this part:
38 (1) "Board" means the Solid and Hazardous Waste Control Board created under
39 Section 19-1-106 .
40 (2) "Executive secretary" means the executive secretary of the board.
41 (3) (a) "Industrial byproduct" means an industrial residual, including:
42 (i) inert construction debris;
43 (ii) fly ash;
44 (iii) bottom ash;
45 (iv) slag;
46 (v) flue gas emission control residuals generated primarily from the combustion of coal
47 or other fossil fuel;
48 (vi) residual from the extraction, beneficiation, and processing of an ore or mineral;
49 (vii) cement kiln dust; or
50 (viii) contaminated soil extracted as a result of a corrective action subject to an
51 operation plan under Part 1, Solid and Hazardous Waste Act.
52 (b) "Industrial byproduct" does not include material that:
53 (i) causes a public nuisance or public health hazard; or
54 (ii) is a hazardous waste under Part 1, Solid and Hazardous Waste Act.
55 (4) "Public project" means a project of the Department of Transportation to construct:
56 (a) a highway or road;

57 (b) a curb;
58 (c) a gutter;
59 (d) a walkway;
60 (e) a parking facility;
61 (f) a public transportation facility; or
62 (g) a facility, infrastructure, or transportation improvement that benefits the public.
63 (5) "Reuse" means to use an industrial byproduct in place of a raw material.
64 Section 3. Section 19-6-1103 is enacted to read:
65 19-6-1103. Rulemaking -- Reporting.
66 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
67 board may make rules to implement this part, including:
68 (1) a streamlined application procedure designed to encourage and allow reuse of an
69 industrial byproduct in a public project; and
70 (2) reasonable, objective standards for demonstrating, without regard to the industrial
71 byproduct's source, the safety of the reuse and future reuse of an industrial byproduct.
72 Section 4. Section 19-6-1104 is enacted to read:
73 19-6-1104. Applications for industrial byproduct reuse -- Approval by the
74 executive secretary.
75 (1) A person may submit to the executive secretary an application for reuse of an
76 industrial byproduct.
77 (2) The executive secretary shall respond to an application submitted under Subsection
78 (1) within 60 days of the day on which the executive secretary determines the application is
79 complete.
80 (3) The executive secretary shall approve an application submitted under Subsection
81 (1) if the applicant shows:
82 (a) the industrial byproduct meets the applicable health risk standard;
83 (b) the industrial byproduct satisfies the applicable toxicity characteristic leaching
84 procedure; and
85 (c) the proposed method of installation and type of reuse meet the applicable health
86 risk standard.
87 Section 5. Section 72-6-106.5 is enacted to read:

88 72-6-106.5. Reuse of industrial byproducts.
89 (1) As used in this section:
90 (a) "Executive secretary" has the same meaning as defined in Section 19-6-1102 .
91 (b) "Industrial byproduct" has the same meaning as defined in Section 19-6-1102 .
92 (c) "Public project" has the same meaning as defined in Section 19-6-1102 .
93 (d) "Reuse" has the same meaning as defined in Section 19-6-1102 .
94 (2) Consistent with the protection of public health and the environment and generally
95 accepted engineering practices, the department shall, to the maximum extent possible
96 considering budgetary factors:
97 (a) allow and encourage the reuse of an industrial byproduct in:
98 (i) a plan, specification, and estimate for a public project; and
99 (ii) advertising for a bid for a public project;
100 (b) allow for the reuse of an industrial byproduct in, among other uses:
101 (i) landscaping;
102 (ii) a general geotechnical fill;
103 (iii) a structural fill;
104 (iv) concrete or asphalt;
105 (v) a base or subbase; and
106 (vi) geotechnical drainage materials; and
107 (c) promulgate and apply public project specifications that allow reuse of an industrial
108 byproduct based upon:
109 (i) cost;
110 (ii) performance; and
111 (iii) engineered equivalency in lifespan, durability, and maintenance.
112 (3) After the executive secretary issues an approval under Section 19-6-1104 and the
113 department uses the industrial byproduct in compliance with the executive secretary's approval:
114 (a) the department is not responsible for further management of the industrial
115 byproduct; and
116 (b) the generator or originator of the industrial byproduct is not responsible for the
117 industrial byproduct under Title 19, Environmental Quality Code.