Granted. The City of New Orleans awarded the contract to Merrick Construction Co. in accordance with the priority system set forth in the bid proposal. La.R.S. 30:2418 H(6) gives the secretary of DEQ authority to establish a "priority system for the clean up of existing waste tires." The priority system promulgated by DEQ and utilized by the city in its bid proposal has the effect of discouraging use of landfills for tire disposal, but does not make such disposal illegal...
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