Ohio Admin. Code 3745-50-23 - Non-waste determinations and variances from classification as a waste

In accordance with the standards and criteria in rules 3745-50-24 and 3745-50-15 of the Administrative Code and the procedures in rule 3745-50-26 of the Administrative Code, the director may determine on a case-by-case basis that any of the following recycled materials are not wastes:

(A) Materials that are "accumulated speculatively" without sufficient amounts being "recycled.";

(B) Materials that are "reclaimed" and then "reused" within the original production process in which the materials were generated. ;

(C) Materials that have been reclaimed but require further reclamation before the materials are completely recovered. ;

(D) Hazardous secondary materials that are reclaimed in a continuous industrial process; and

(E) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.

[Comment: The terms "accumulated speculatively," "recycled," "reclaimed," and "reused" are defined in rule 3745-51-01 of the Administrative Code.]

Notes

Ohio Admin. Code 3745-50-23

Effective: 6/12/2023
Five Year Review (FYR) Dates: 3/27/2023 and Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/30/1986, 02/23/1989, 12/07/2000, 12/07/2004, 10/31/2015, 09/29/2021