Utah Code 72-6-106.5. Reuse of industrial byproducts
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(1) As used in this section:
Terms Used In Utah Code 72-6-106.5
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
(1)(a) “Director” is as defined in Section 19-6-1102 .
(1)(b) “Industrial byproduct” has the same meaning as defined in Section 19-6-1102 .
(1)(c) “Public project” has the same meaning as defined in Section 19-6-1102 .
(1)(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:
(2)(a) allow and encourage the reuse of an industrial byproduct in:
(2)(a)(i) a plan, specification, and estimate for a public project; and
(2)(a)(ii) advertising for a bid for a public project;
(2)(b) allow for the reuse of an industrial byproduct in, among other uses:
(2)(b)(i) landscaping;
(2)(b)(ii) a general geotechnical fill;
(2)(b)(iii) a structural fill;
(2)(b)(iv) concrete or asphalt;
(2)(b)(v) a base or subbase; and
(2)(b)(vi) geotechnical drainage materials; and
(2)(c) promulgate and apply public project specifications that allow reuse of an industrial byproduct based upon:
(2)(c)(i) cost;
(2)(c)(ii) performance; and
(2)(c)(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:
(3)(a) the department is not responsible for further management of the industrial byproduct; and
(3)(b) the generator or originator of the industrial byproduct is not responsible for the industrial byproduct under Title 19, Environmental Quality Code .