Section 72-6-106.5 - Reuse of industrial byproducts(1) As used in this section:(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: (ii) a general geotechnical 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:(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 ,§ 113, eff. 5/8/2012.Enacted by Chapter 340, 2009 General Session