R315-261-2. Definition of Solid Waste

  (a)(1) A solid waste is any discarded material that is not excluded by Subsection R315-261-4(a) or that is not excluded under Sections R315-260-30 and R315-260-31 or that is not excluded by a non-waste determination under Sections R315-260-30 and R315-260-34.

  (2)(i) A discarded material is any material which is:

  (A) Abandoned, as explained in Subsection R315-261-2(b); or

  (B) Recycled, as explained in Subsection R315-261-2(c); or

  (C) Considered inherently waste-like, as explained in Subsection R315-261-2(d).

  (b) Materials are solid waste if they are abandoned by being:

  (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; or

  (4) Sham recycled, as explained in Subsection R315-261-2(g)

  (c) Materials are solid wastes if they are recycled-or accumulated, stored, or treated before recycling-as specified in Subsections R315-261-2(c)(1) through (4).

  (1) Used in a manner constituting disposal.

  (i) Materials noted with a "*" in Column 1 of Table 1 are solid wastes when they are:

  (A) Applied to or placed on the land in a manner that constitutes disposal; or

  (B) 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 solid waste).

  (ii) However, commercial chemical products listed in Section R315-261-33 are not solid wastes if they are applied to the land and that is their ordinary manner of use.

  (2) Burning for energy recovery.

  (i) Materials noted with a "*" in column 2 of Table 1 are solid wastes when they are:

  (A) Burned to recover energy;

  (B) Used to produce a fuel or are otherwise contained in fuels, in which cases the fuel itself remains a solid waste.

  (ii) However, commercial chemical products listed in Section R315-261-33 are not solid wastes if they are themselves fuels.

  (3) Reclaimed. Materials noted with a "-" in column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with an "*" in column 3 of Table 1 are solid wastes when reclaimed unless they meet the requirements of Subsections R315-261-4(a)(17), or R315-261-4(a)(23), R315-261-4(a)(24) or R35-261-4(a)(27).

  (4) Accumulated speculatively. Materials noted with a "*" in column 4 of Table 1 are solid wastes when accumulated speculatively.

Table 1

               Use Energy Reclamation Speculative

           Constituting recovery/ 261-2(c)(3) accumulation

             Disposal fuel except as 261-2(c)(4)

            261-2(c)(1) 261-2(c) provided in

                           (2) 261-4-(a)(17)

                                   261-4(a)(23)

                                   261-4(a)(24)

                                         or

                                   261-4(a)(27) 1 2 3 4

Spent Materials (*) (*) (*) (*)

Sludges (listed (*) (*) (*) (*)

in 261-31 or

261-32)

Sludges (*) (*) - (*)

exhibiting a

characteristic

of hazardous

waste

By-products (*) (*) (*) (*)

(listed in

261-31 or

261-32

By-products (*) (*) - (*)

exhibiting a

characteristic

of hazardous

waste

Commercial (*) (*)

chemical

products listed

in 261-33

Scrap metal (*) (*) (*) (*)

that is not

excluded under

261-4(a)(13)

Note 1: All rule references in Table 1 are to R315.

Note 2: The terms "spent materials," "sludges," "by-products," and "scrap metal" and "processed scrap metal" are defined in Section R315-261-1.

  (d) Inherently waste-like materials. The following materials are solid wastes when they are recycled in any manner:

  (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 Sections R315-261-20 through 24 and 30 through 35, except for brominated material that meets the following criteria:

  (i) The material shall contain a bromine concentration of at least 45%; and

  (ii) The material shall contain less than a total of 1% of toxic organic compounds listed in Rule R315-261 appendix VIII; and

  (iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance, hard piping.

  (3) The Board shall use the following criteria to add wastes to Subsection R315-261-2(d)(1) or (2):

  (i)(A) The materials are ordinarily disposed of, burned, or incinerated; or

  (B) The materials contain toxic constituents listed in appendix VIII of Rule R315-261 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

  (ii) The material may pose a substantial hazard to human health and the environment when recycled.

  (e) Materials that are not solid waste when recycled.

  (1) Materials are not solid wastes when they can be shown to be recycled by being:

  (i) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or

  (ii) Used or reused as effective substitutes for commercial products; or

  (iii) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material 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 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 at Subsection R315-261-4(a)(17) apply rather than Subsection R315-261-2(e)(1)(iii).

  (2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process described in Subsections R315-261-2(e)(1)(i) through (iii):

  (i) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or

  (ii) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or

  (iii) Materials accumulated speculatively; or

  (iv) Materials listed in Subsections R315-261-2(d)(1) and (d)(2).

  (f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce rules implementing Sections 19-6-101 through 125 who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall 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 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 actually are recycling materials shall show that they have the necessary equipment to do so.

  (g) Sham recycling. A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. Sham recycling is recycling that is not legitimate recycling as defined in Section R315-260-43.