§ 23.1-08-04 — Coal combustion residuals - Present use and disposal deemed acceptable

acceptable.
Notwithstanding any other provision of law, the legislative assembly deems the present use
and disposal of coal combustion residuals to be acceptable and that present regulation allows
for the beneficial use of coal combustion residuals in concrete, for other construction
applications, and for other innovative uses and allows for safe disposal without coal combustion
residuals being regulated as a hazardous waste. For purposes of regulating coal combustion
residuals, the term "ground water" means water below the land surface in a zone of saturation.
If a federal law or regulation is adopted pertaining to the use and disposal of coal combustion
residuals, this section does not prohibit the state from seeking state primacy of the federal
program.