Cal. Code Regs. Tit. 22, § 66261.2 - Definition of Waste
(a)
"Waste " means any discarded material of any form (for example, liquid,
semi-solid, solid or gaseous) that is not excluded by section
66261.4(a) or
section 66261.4(e) or
that is not excluded by Health and Safety Code section
25143.2(b)
or Health and Safety Code section
25143.2(d).
(b) A discarded material is any material
which is any of the following:
(1)
relinquished as explained in subsection (c) of this section; or
(2) recycled, as explained in subsection (d)
of this section; or
(3) considered
inherently waste -like, as explained in paragraph (e) of this
section.
(c) A material
is a waste if it is relinquished by being any of the following:
(1) disposed of;
(2) burned or incinerated;
(3) accumulated, stored or treated, but not
recycled, before or in lieu of, being relinquished by being disposed of, burned
or incinerated.
(d) A
material is a waste if it is recycled, or accumulated, stored or treated before
recycling, by being managed:
(1) through being
used in a manner constituting disposal:
(A)
materials noted with an "*" in column 1 of Table I are wastes when they are:
1. applied to or placed on the land in a
manner that constitutes disposal; or
2. used to produce products that are applied
to or placed on the land or are otherwise contained in products that are
applied to or placed on the land (in which cases the product itself is a
waste );
(B) however,
commercial chemical materials listed in section
66261.33, which are discarded
commercial chemical products, off-specification species, container residues, or
spill residues thereof, and which are applied to the land and application to
the land is their ordinary manner of use are non-RCRA hazardous wastes.
Commercial chemical products which are "retrograde materials" as defined in
section 66260.10 are not wastes until they
become "recyclable materials" pursuant to subsection (e) of the definition of
"recyclable materials" in section
66260.10;
(2) through being burned for energy recovery:
(A) materials noted with an "*" in column 2
of Table 1 are wastes when they are:
1.
burned to recover energy;
2. used
to produce a fuel or are otherwise contained in fuels (in which cases the fuel
itself is a waste );
(B)
however, commercial chemical materials listed in section
66261.33, which are discarded
commercial chemical products, off-specification species, container residues, or
spill residues thereof, and which are fuels are non-RCRA hazardous wastes.
Commercial chemical products which are "retrograde materials" as defined in
section 66260.10 are not wastes until they
become "recyclable materials" pursuant to subsection (e) of the definition of
"recyclable materials" in section
66260.10
(3) through being reclaimed : materials noted
with an "*" or "**" in column 3 of Table 1 are wastes when reclaimed ;
(4) through being accumulated speculatively :
materials noted with an "*" or "**" in column 4 of Table 1 are wastes when
accumulated speculatively .
TABLE 1
Column | Use Constituting Disposal 66261.2(d)(1) (1) | Energy Recovery/Fuel 66261.2(d)(2) (2) | Reclamation 66261.2(d)(3) (3) | Speculative Accumulation 66261.2(d)(4) (4) |
|
* | * | * | * |
Sludges (listed in section 66261.31 or 66261.32) | * | * | * | * |
Sludges exhibiting a characteristic of |
* | * | ** | * |
By-products (listed in section 66261.31 or 66261.32) | * | * | * | * |
By-products exhibiting a characteristic of |
* | * | ** | * |
Commercial chemical products (listed in section 66261.33) | * | * | ** | ** |
Note: The terms "spent materials," "sludges," and "by-products" are defined in section 66260.10. | ||||
__________ | ||||
* Except as provided in sections
66261.2(d)(1)(B)
and 66261.2(d)(2)(B),
a |
||||
** Unless exempt pursuant to Health and
Safety Code section
25143.2(d),
a |
(e) A material is a waste if it is inherently
waste -like when it is recycled. The following materials are wastes when they
are recycled:
(1) Hazardous Waste Nos. F020,
F021 (unless used as an ingredient to make a product at the site of
generation), F022, F023, F026 and F028.
(2) Secondary materials fed to a halogen acid
furnace that exhibit a characteristic of a hazardous waste or are listed as a
hazardous waste as defined in articles 3 or 4 of this chapter, except for
brominated material that meets the following criteria:
(A) The material must contain a bromine
concentration of at least 45%; and
(B) The materials must contain less than a
total of 1% of toxic organic compounds listed in appendix VIII; and
(C) The material is processed continually
on-site in the halogen acid furnace via direct conveyance (hard
piping).
(f) A
material is a waste if it poses a threat to human health or the environment and
meets either, or both, of the following:
(1)
it is mislabeled or not adequately labeled, unless the material is correctly
labeled or adequately labeled within 10 days after the material is discovered
to be mislabeled or inadequately labeled;
(2) it is packaged in deteriorated or damaged
containers, unless the material is contained in sound or undamaged containers
within 96 hours after the containers are discovered to be deteriorated or
damaged.
(g) Respondents
in actions to enforce regulations implementing this division who claim that a
certain material is not a waste or is conditionally exempt from regulation,
must demonstrate that there is a known market or disposition for the material ,
and that they meet the terms of the exclusion or exemption. In doing so, they
must provide appropriate documentation (such as contracts showing that a second
person uses the material as an ingredient in a production process) to
demonstrate that the material is not a waste , or is exempt from regulation. In
addition, owners and operators of facilities claiming that they are recycling
materials must show that they have the necessary equipment to do so.
Notes
2. Amendment of subsection (a) and NOTE filed 4-23-92 as an emergency; operative 4-23-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-21-92 or emergency language will be repealed by operation of law on the following
3. Amendment of subsection (a) refiled 6-22-92 as an emergency; operative 6-22-92 (Register 92, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-20-92 or emergency language will be repealed by operation of law on the following
4. Amendment of subsection (a) refiled 10-22-92 as an emergency; operative 10-19-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-22-93 or emergency language will be repealed by operation of law on the following
5. Amendment of subsection (a) refiled 2-16-93 as an emergency; operative 2-16-93 (Register 93, No. 8). A Certificate of Compliance must be transmitted to OAL 6-16-93 or emergency language will be repealed by operative of law on the following
6. Amendment of subsection (a) refiled 6-14-93 as an emergency; operative 6-15-93 (Register 93, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-13-93 or emergency language will be repealed by operation of law on the following
7. Amendment of subsection (a) refiled 10-13-93 as an emergency; operative 10-13-93 (Register 93, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-10-94 or emergency language will be repealed by operation of law on the following
8. Certificate of Compliance as to 10-13-93 order transmitted to OAL 12-3-93 and filed 1-14-94 (Register 94, No. 2).
9. Amendment of subsection (e), new subsection (e)(1) designator, new subsections (e)(2)-(e)(2)(C), and amendment of NOTE filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
10. New subsection (g) filed 2-3-98; operative 3-5-98 (Register 98, No. 6).
Note: Authority cited: Sections 25141, 25150, 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25120.5, 25121, 25124, 25143.2, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 261.2.
2. Amendment of subsection (a) and NOTE filed 4-23-92 as an emergency; operative 4-23-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-21-92 or emergency language will be repealed by operation of law on the following
3. Amendment of subsection (a) refiled 6-22-92 as an emergency; operative 6-22-92 (Register 92, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-20-92 or emergency language will be repealed by operation of law on the following
4. Amendment of subsection (a) refiled 10-22-92 as an emergency; operative 10-19-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-22-93 or emergency language will be repealed by operation of law on the following
5. Amendment of subsection (a) refiled 2-16-93 as an emergency; operative 2-16-93 (Register 93, No. 8). A Certificate of Compliance must be transmitted to OAL 6-16-93 or emergency language will be repealed by operative of law on the following
6. Amendment of subsection (a) refiled 6-14-93 as an emergency; operative 6-15-93 (Register 93, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-13-93 or emergency language will be repealed by operation of law on the following
7. Amendment of subsection (a) refiled 10-13-93 as an emergency; operative 10-13-93 (Register 93, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-10-94 or emergency language will be repealed by operation of law on the following
8. Certificate of Compliance as to 10-13-93 order transmitted to OAL 12-3-93 and filed 1-14-94 (Register 94, No. 2).
9. Amendment of subsection (e), new subsection (e)(1) designator, new subsections (e)(2)-(e)(2)(C), and amendment of Note filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
10. New subsection (g) filed 2-3-98; operative 3-5-98 (Register 98, No. 6).
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