Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-324 - Sale of surplus millings material - Definitions

(a)
As used in this section:
(1)
"Highway construction contract" means a contract for the construction, restoration, reconstruction, renovation, or repair of a road, highway, bridge, overpass, interchange, right-of-way, or turnpike that is part of the state highway system;
(2)
"Project terminus" means the starting location and ending location of an Arkansas Department of Transportation highway construction project;
(3)
"Road millings" means recycled asphalt, concrete, or any other type of roadway that has been ground up in a milling machine and restored to the necessary consistency for creating fresh pavement; and
(4)
"Surplus millings material" means excess or unused road millings resulting from the construction, improvement, rehabilitation, or replacement of a state highway.
(b)
(1)
For highway construction projects under a highway construction contract administered by the department in which asphalt cold milling operations are limited to the project terminus, all road millings generated from the asphalt cold milling operations at the project terminus shall be offered at no cost to the county within which the road millings are generated.
(2)
For all other highway construction projects under a highway construction contract administered by the department, all or a portion of the surplus millings material generated from the asphalt cold milling operations shall be offered at no cost to the county within which the road millings are generated.
(3)
Road millings and surplus millings material offered to the county under subdivisions (b)(1) and (2) of this section that are not accepted by the county shall be offered by the department at no cost to the counties adjacent to the county within which the road millings and surplus millings material are generated on a first-come, first-served basis.
(4)
Road millings and surplus millings material accepted by a county may be transferred at no cost to any adjacent counties.
(c)
Any existing road millings and surplus millings material held by the department may be offered to any county at the request of the county on a first-come, first-served basis.
(d)
(1)
The receipt by a county of road millings and surplus millings material is without guarantees from or further obligation by the department.
(2)
The county is responsible for determining if the road millings or surplus millings material is suitable for the county's intended use.
(3)
The department is not responsible for inspection of or guarantees as to the condition, state, or suitability of the road millings or surplus millings material for the county's intended use.
(e)
This section does not create a cause of action against the department for damages arising from the use of the road millings or surplus millings material accepted by the county under this section.
(f)
The county shall retrieve and transport the road millings or surplus millings material as directed by the department.
(g)
(1)
Road millings and surplus millings material accepted by the county shall only be used for projects within the county.
(2)
The department may decline to offer future road millings or surplus road millings material to a county that fails to comply with subdivision (g)(1) of this section.
Added by Act 2021, No. 983,§ 1, eff. 7/28/2021.