72-6-106.5. Reuse of industrial byproducts.

252 words·~1 min read·/ut/title-72/chapter-6/72-6-106-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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