72-6-106.5. Reuse of industrial byproducts.
(1) As used in this section: "Director" is as defined in Section. 19-6-1102 "Industrial byproduct" has the same meaning as defined in Section. 19-6-1102 "Public project" has the same meaning as defined in Section. 19-6-1102 "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: allow and encourage the reuse of an industrial byproduct in: a plan, specification, and estimate for a public project; and advertising for a bid for a public project; allow for the reuse of an industrial byproduct in, among other uses: landscaping; a general geotechnical fill; a structural fill; concrete or asphalt; a base or subbase; and geotechnical drainage materials; and promulgate and apply public project specifications that allow reuse of an industrial byproduct based upon: cost; performance; and engineered equivalency in lifespan, durability, and maintenance.
(3) After the director issues an approval under Sectionand the department uses the industrial byproduct in compliance with the director's approval: 19-6-1104 the department is not responsible for further management of the industrial byproduct; and the generator or originator of the industrial byproduct is not responsible for the industrial byproduct under. Title 19, Environmental Quality Code