DESIGN MEMORANDUM NO. 9-98

TO:                              Chief District Engineers

                                    Design Engineers

                                    Active Consultants

FROM:                        John B. Sacksteder, Director

                                    Division of Highway Design

DATE:                         August 24, 1998

SUBJECT:                 Waste Sites

Senate Bill No. 211 which was passed during the last legislative session amended KRS 176.050 to require designers to identify potential waste sites "for a city, county, or other governmental entity to turn into an industrial park upon completion of the road project…."  Sites must be "at least four (4) acres in size, along the proposed new route.  The Department shall consult with the appropriate elected officials to identify waste sites along the proposed new route that may be potential industrial park sites."

Section 3 (2) of this bill also states "The purpose of using the site as a repository for waste is to reduce the cost associated with the project…."  Therefore, while the designer now has a new mandate to consider the potential for industrial sites on all projects with waste, the actual use of such sites is still predicated upon an actual economic benefit that can be derived by the Department by using a site.  To ensure consideration of such sites is given, documentation of such consideration shall become a part of the Project Team's comments on all projects involving substantial waste material.

When a decision is made by the Project Team to utilize a waste site suitable for a future industrial park, the bill also states that "the Department's contractors shall use stabilization methods to reduce significant differential settling of the waste…" and "shall continually grade and compact the waste site, and design surface contours to minimize run-off, until the site is stable…."  Therefore, notes and plan designs will be required to be added to the plans to meet these conditions.

After the final grading is complete, "the state shall deed in fee simple the area used as a waste site to an interested city, county, or other governmental agency."  The public agency is permitted to develop and subsequently resell the land to private enterprises.

A copy of the complete Senate Bill is attached for reference.

JBS:jad

Attachment