(1) The department may issue permits authorizing the use of treated ash aggregate as a building material in construction or site preparation applications in commercial and industrial settings.
(2) “Treated ash aggregate” as used in this section means bottom ash or fly ash resulting from incineration of municipal solid waste as defined in § 68-211-802 that has been treated to assure that it is not a hazardous waste as defined in § 68-212-104, and rules thereunder.