75-10-240: Disposal of coal combustion residues -- cost benefit analysis required.

(1) The department shall establish guidelines to compare costs and benefits of continued disposal of coal combustion residues at electrical generation facilities versus economical ways to reuse coal combustion residues.

(2) The guidelines must include requirements for promptly determining when a cost-benefit analysis under this section is appropriate and necessary.

(3) Proposals for analysis under this section must be consistent with the size and scope of the waste disposal options under consideration or at least demonstrate significant quantifiable environmental impacts, economic impacts, or both and meet other beneficial use requirements.

(4) An analysis under this section that favors a beneficial use must be transmitted to the governor. The governor may:

(a) approve the document and order the prompt execution of the proposal;

(b) return the document to the department for suggested revisions and resubmission to the governor; or

(c) deny the proposal.