§ 136-28.8. Use of recycled materials in construction. - North Carolina Statutes

§ 136‑28.8.  Use ofrecycled materials in construction.

(a)        It is the intent ofthe General Assembly that the Department of Transportation continue to expandits use of recycled materials in its construction and maintenance programs.

(b)        The General Assemblydeclares it to be in the public interest to find alternative ways to usecertain recycled materials that currently are part of the solid waste streamand that contribute to problems of declining space in landfills. The Departmentshall, consistent with economic feasibility and applicable engineering andenvironmental quality standards, use:

(1)        Rubber from tires inroad pavements, subbase materials, or other appropriate applications.

(2)        Recycled materialsfor guard rail posts, right‑of‑way fence posts, and sign supports.

(3)        Recyclingtechnology, including, but not limited to, hot in‑place recycling, inroad and highway maintenance.

(c)        As a part of itsscheduled projects, the Department shall conduct additional research, which mayinclude demonstration projects, on the use of recycled materials inconstruction and maintenance.

(d)        The Departmentshall review and revise existing bid procedures and specifications to eliminateany procedures and specifications that explicitly discriminate against recycledmaterials in construction and maintenance, except where the procedures andspecifications are necessary to protect the health, safety, and welfare of thepeople of this State.

(e)        The Departmentshall review and revise its bid procedures and specifications on a continuingbasis to encourage the use of recycled materials in construction andmaintenance and shall, to the extent economically practicable, require the useof recycled materials.

(f)         All agencies shallcooperate with the Department in carrying out the provisions of this section.

(g)        On or beforeOctober 1 of each year, the Department shall report to the Division ofPollution Prevention and Environmental Assistance of the Department ofEnvironment and Natural Resources as to the amounts and types of recycledmaterials that were specified or used in contracts that were entered intoduring the previous fiscal year. On or before December 1 of each year, theDivision of Pollution Prevention and Environmental Assistance shall prepare asummary of this report and submit the summary to the Joint LegislativeCommission on Governmental Operations and the Joint Legislative TransportationOversight Committee. The summary of this report shall also be included in thereport required by G.S. 130A‑309.06(c).

(h)        The Department, inconsultation with the Department of Environment and Natural Resources, shalldetermine minimum content standards for recycled materials.

(i)         This section isbroadly applicable to all procurements by the Department if the quality of theproduct is consistent with the requirements of the bid specifications.

(j)         The Department mayadopt rules to implement this section. (1989, c. 784, s. 6; 1993, c. 256, s. 3; 1995 (Reg.Sess., 1996), c. 743, s. 9; 1997‑443, s. 11A.119(a); 1999‑237, s.27.4; 2001‑452, s. 3.6.)