As used in Subsections 19-6-108(3)(b) and 19-6-108(3)(c)(ii)(B), the term "treatment or disposal" specifically excludes the recycling, use, reuse, or reprocessing of:
(1) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;
(2) waste from the extraction, beneficiation, and processing of ores and minerals; or
(3) cement kiln dust, including recycle, reuse, use, or reprocessing for road sanding, sand blasting, road construction, railway ballast, construction fill, aggregate, and other construction-related purposes.