1. (1) As used in this section:

   1. (a) "Director" is as defined in Section 19-6-1102.
   2. (b) "Industrial byproduct" has the same meaning as defined in Section 19-6-1102.
   3. (c) "Public project" has the same meaning as defined in Section 19-6-1102.
   4. (d) "Reuse" has the same meaning as defined in Section 19-6-1102.

2. (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:

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

      1. (i) a plan, specification, and estimate for a public project; and
      2. (ii) advertising for a bid for a public project;

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

      1. (i) landscaping;
      2. (ii) a general geotechnical fill;
      3. (iii) a structural fill;
      4. (iv) concrete or asphalt;
      5. (v) a base or subbase; and
      6. (vi) geotechnical drainage materials; and

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

      1. (i) cost;
      2. (ii) performance; and
      3. (iii) engineered equivalency in lifespan, durability, and maintenance.

3. (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:

   1. (a) the department is not responsible for further management of the industrial byproduct; and
   2. (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