(1) As used in this section:

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Terms Used In Utah Code 72-6-106.5

     (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.