R315-266-20. Recyclable Materials Used in a Manner Constituting Disposal -- Applicability

  (a) The regulations of Sections R315-266-20 through 23 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 combination with any other substance(s). These materials shall be referred to throughout Sections R315-266-20 through 23 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 Sections R315-268-40 through 49, or applicable prohibition levels in Section R315-268-32 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 Subsection R315-268-7(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 Subsection R315-266-20(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 Subsection R315-261-4(a)(21); or

  (2) They meet the applicable treatment standards in Sections R315-268-40 through 49 for each hazardous waste that they contain.