2013 Kentucky Revised Statutes CHAPTER 176 - DEPARTMENT OF HIGHWAYS 176.525 Use of identified potential industrial park sites as construction waste sites -- Deeding of site to local government -- Consultation with local government officials in site identification.
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176.525 Use of identified potential industrial park sites as construction waste
sites -- Deeding of site to local government -- Consultation with local
government officials in site identification.
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During the construction phase of a new road construction project, potential
industrial park sites identified during the design phase shall be used as waste
sites by the department or the contractor who was awarded the project. Waste
shall include, but not be limited, to nonhazardous nonsoluble construction
material, steel, concrete, brick, asphalt, rock, dirt, or other fill material, but shall
not include vegetation resulting from land clearing and grubbing, utility line
maintenance, seasonal and storm-related cleanup, or any hazardous material
or hazardous waste as defined in KRS 174.405.
The purpose of using the site as a repository for waste is to reduce the cost
associated with the road project and to level or otherwise create a site
sufficient to support industrial activities. The department or the department's
contractor shall use stabilization methods to reduce significant differential
settling of the waste. The department or the department's contractor shall
continually grade and compact the waste site, and design surface contours to
minimize water run-off, until the site is stable, final grading is complete, and the
site is ready for building to begin on an industrial park.
If a waste site is owned by the state, the state shall deed in fee simple the area
used as a waste site to an interested city, county, or other governmental
agency upon completion of the highway project after the final pay estimate has
been processed.
The department shall consult with the appropriate elected officials affected by
new routes proposed to be constructed in the six (6) year road plan. The
department shall consult with the appropriate elected officials to identify waste
sites along the proposed new routes that may be potential industrial park sites.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 78, sec. 22, effective June 25, 2009. -Created 1998 Ky. Acts ch. 181, sec. 3, effective March 27, 1998.
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