Ohio Admin. Code 3745-51-02 - Definition of waste
(A)
Materials are wastes if the materials are
discarded.
(1) A "waste" is any
discarded material that is not excluded by paragraph (A) of rule
3745-51-04 of the
Administrative Code or that is not excluded by variance granted under rules
3745-50-23
and
3745-50-24
of the Administrative Code.
(2) A
"discarded material" is any material which is managed
in any of the following ways :
(a)
Abandoned, as explained in paragraph (B) of this rule; or
.
(b) Recycled, as explained in paragraph (C)
of this rule; or
.
(c)
Considered inherently waste-like, as explained in paragraph (D) of this
rule;
or
.
(d) A military munition identified as a waste
in rule
3745-266-202
of the Administrative Code.
(B) Materials are waste if
they
the
materials are abandoned by being managed in any
of the following ways :
(1) Disposed
of; or
.
(2)
Burned or incinerated; or
.
(3)
Accumulated, stored, or treated (but not recycled) before or in lieu of being
abandoned by being disposed of, burned, or
incinerated.
(C)
Materials are wastes if they
the materials are recycled or accumulated, stored, or
treated before recycling, as specified in paragraphs
(C)(1) to (C)(4) of this rule.
follows:
(1) Used in a manner constituting disposal.
(a) Materials noted with an asterisk in
column 1 of the table in this rule are wastes when they
the materials are
used in either of the following ways :
(i) Applied to or placed on the land in a
manner that constitutes disposal; or
.
(ii)
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 remains a
waste).
(b) However,
commercial chemical products listed in rule
3745-51-33
of the Administrative Code are not wastes if they
the products are
applied to the land and that is their
the ordinary manner of use.
(2) Burning for energy recovery.
(a) Materials noted with an asterisk in
column 2 of the table in this rule are wastes when they
the materials are
managed in either of the following ways :
(i) Burned to recover energy; or
.
(ii) Used to produce a fuel, or are otherwise
contained in fuels (in which cases the fuel itself remains a waste).
(b) However, commercial chemical products
listed in rule
3745-51-33
of the Administrative Code are not wastes if they
the products are
themselves fuels.
(3) Reclaimed. Materials noted with an
asterisk in column 3 of the table in this rule are wastes when reclaimed
[except as provided in paragraph (A)(17) of rule
3745-51-04 of the
Administrative Code]. Materials noted with a dash in column 3 of the table in
this rule are not wastes when reclaimed.
(4) Accumulated speculatively. Materials
noted with an asterisk in column 4 of the table in this rule are wastes when
accumulated speculatively.
(D) Inherently waste-like materials. The
following materials are wastes when they
the materials are
recycled in any manner:
(1) Hazardous wastes
numbers 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, as described in
rules
3745-51-20
to
3745-51-24
of the Administrative Code, or are listed as a hazardous waste, as described in
rules
3745-51-30
to
3745-51-35
of the Administrative Code, except for brominated material that meets
all of the following criteria:
(a) The material must
shall contain a
bromine concentration of at least forty-five per cent; and
.
(b) The material must
shall contain
less than a total of one per cent of toxic organic compounds listed in the
appendix to rule
3745-51-11
of the Administrative Code; and
.
(c) The
material is processed continually on-site in the halogen acid furnace via
direct conveyance (hard piping).
(3) The director will use the following
criteria to add wastes to that
the list of inherently
waste-like materials :
(a)
The materials meet at least one of the following
criteria:
(i) The materials are
ordinarily disposed of, burned, or
incinerated; or
.
(ii) The
materials contain toxic constituents listed in the appendix to rule
3745-51-11
of the Administrative Code and these constituents are not ordinarily found in
raw materials or products for which the materials substitute (or are found in
raw materials or products in smaller concentrations) and are not used or reused
during the recycling process; and
.
(b) The material
materials may
pose a substantial hazard to human health and the environment when
recycled.
(E)
Materials that are not waste when recycled.
(1) Materials are not wastes when
they
the
materials can be shown to be recycled by being one of the following :
(a) Used or reused as ingredients in an
industrial process to make a product, provided the materials are not being
reclaimed; or
.
(b) Used
or reused as effective substitutes for commercial products; or
.
(c) Returned to the original process from
which they are
the
materials were generated, without first being reclaimed or land disposed.
The material must
materials shall be returned as a substitute for
feedstock materials. In cases where the original process to which the material
is returned is a secondary process, the materials must
shall be managed
such that there is no placement on the land. In cases where the materials are
generated and reclaimed within the primary mineral processing industry, the
conditions of the exclusion found in paragraph (A)(17) of rule
3745-51-04 of the
Administrative Code apply rather than this provision.
(2)
The following
materials are wastes, even if the recycling involves use, reuse, or return to
the original process [described in paragraphs (E)(1)(a), (E)(1)(b), and
(E)(1)(c) of this rule].
Materials recycled as
described in paragraph (E)(1) of this rule are wastes if the recycling involves
any of the following:
(a) Materials
used in a manner constituting disposal, or used to produce products that are
applied to the land; or
.
(b)
Materials burned for energy recovery, used to produce a fuel, or contained in
fuels; or
.
(c)
Materials accumulated speculatively; or
.
(d)
Materials listed in paragraphs (D)(1) and (D)(2) of this rule.
(F) Documentation of
claims that materials are not wastes or are conditionally exempt from
regulation. Respondents in actions to enforce regulations adopted under Chapter
3734. of the Revised Code who raise a claim that a certain material is not a
waste, or is conditionally exempt from regulation, must
shall demonstrate
that there is a known market or disposition for the material and that
they meet
the
respondent meets the terms of the exclusion or exemption. In doing so,
they must
the
respondent shall 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 or operators of facilities claiming that
they
the
facilities actually are recycling materials must
shall show that
they
the
facilities have the necessary equipment to do so.
Table
|
Use Constituting Disposal [paragraph (C)(1) of rule 3745-51-02 of the Administrative Code] |
Energy Recovery/Fuel [paragraph (C)(2) of rule 3745-51-02 of the Administrative Code] |
Reclamation [paragraph (C)(3) of rule 3745-51-02 of the Administrative Code] [except as provided in paragraph (A)(17) of rule 3745-51-04 of the Administrative Code for processing secondary materials] |
Speculative Accumulation [paragraph (C)(4) of rule 3745-51-02 of the Administrative Code] |
|
|
1 |
2 |
3 |
4 |
|
|
Spent materials |
(*) |
(*) |
(*) |
(*) |
|
Sludges (listed in rule 3745-51-31 or 3745-51-32 of the Administrative Code) |
(*) |
(*) |
(*) |
(*) |
|
Sludges exhibiting a characteristic of hazardous waste |
(*) |
(*) |
-- |
(*) |
|
By-products (listed in rule 3745-51-31 or 3745-51-32 of the Administrative Code) |
(*) |
(*) |
(*) |
(*) |
|
By-products exhibiting a characteristic of hazardous waste |
(*) |
(*) |
-- |
(*) |
|
Commercial chemical products listed in rule 3745-51-33 of the Administrative Code |
(*) |
(*) |
-- |
-- |
|
Scrap metal that is not excluded scrap metal [see paragraph (A)(13) of rule 3745-51-04 of the Administrative Code] |
(*) |
(*) |
(*) |
(*) |
|
Note: The terms "spent material," "sludge," "by-product," "scrap metal," and "excluded scrap metal" are defined in rule 3745-51-01 of the Administrative Code. |
||||
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 12/02/1981, 08/29/1985, 01/30/1986, 11/13/1987, 12/30/1989, 02/11/1992, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004, 09/05/2010, 03/17/2012
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