(1)  As used in this section:

Terms Used In Utah Code 72-6-106.5

(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