Ala. Admin. Code r. 335-14-7-.03 - Recyclable Materials Used In A Manner Constituting Disposal
(1) Applicability.
(a) The requirements of
335-14-7-.03 apply to recyclable
materials that are applied to or placed on the land:
1. Without mixing with any, other
substance(s); or
2. After mixing or
combining with any other substance(s). These materials will be referred to
throughout
335-14-7-.03 as "materials used
in a manner that constitutes disposal".
(b) Products produced for the general
public's use that are used in a manner that constitutes disposal and that
contain recyclable materials are not presently subject to regulation if the
recyclable materials have undergone a chemical reaction in the course of
producing the products so as to become inseparable by physical means and if
such products meet the applicable treatment standards in Rule
335-14-9-.04 (or applicable
prohibition levels in
335-14-9-.03(13)
or RCRA Section 3004(d), where no treatment standards have been established)
for each recyclable material (i.e., hazardous waste) that they contain, and the
recycler complies with CFR 268.7(b)(6).
(c) Anti-skid/deicing uses of slags, which
are generated from high temperature metals recovery (HTMR) processing of
hazardous waste K061, K062, and F006, in a manner constituting disposal are not
covered by the exemption in
335-14-7-.03(1)
(b) and remain subject to
regulation.
(d) Fertilizers that
contain recyclable materials are not subject to regulation provided that:
1. They are zinc fertilizers excluded from
the definition of solid waste according to
335-14-2-.01(4)
(a)20; or
(2)
Standards applicable to
generators and transporters of materials used in a manner that constitutes
disposal. Generators and transporters of materials that are used
in a manner that constitutes disposal are subject to the applicable
requirements of Chapters 335-14-3 and 335-14-4.
(3)
Standards applicable to
storers of materials that are to be used in a manner that constitutes disposal
who are not the ultimate users. Owners or operators of facilities
that store recyclable materials that are to be used in a manner that
constitutes disposal, but who are not the ultimate users of the materials, are
regulated under all applicable provisions of Rules
335-14-5-.01 through
335-14-5-.12 and
335-14-6-.01 through
335-14-6-.12 and Chapter
335-14-8, and the notification requirement under
335-14-3-.01(8).
(4)
Standards applicable to users
of materials that are used in a manner that constitutes disposal.
(a) Owners or operators of facilities that
use recyclable materials in a manner that constitutes disposal are regulated
under all applicable provisions of Rules
335-14-5-.01 through
335-14-5-.14 and
335-14-6-.01 through
335-14-6-.14, Chapter 335-14-8
and Chapter 335-14-9, and the notification requirement under Section 3010 of
RCRA. (These regulations do not apply to products which contain these
recyclable materials under the provisions of
335-14-7-.03(1)(b).)
(b) The use of waste or used oil or other
material, which is contaminated with dioxin or any other hazardous waste (other
than a waste identified solely on the basis of ignitability), for dust
suppression or road treatment is prohibited.
Notes
Authors: Stephen C. Maurer; Edwin C. Johnston; Bradley N. Curvin; Vernon H. Crockett
Statutory Authority: Code of Ala. 1975, ยงยง 22-30-11, 22-30-14, 22-30-15, 22-30-16.
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