(a)
(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 Constituting Disposal 261-2(c)(1)
|
Energy recovery/ fuel 261-2(c)(2)
|
Reclamation 261-2(c)(3) except as provided in
261-4-(a)(17 261-4(a)(23) 261-4(a)(24) or 261-4(a)(27)
|
Speculative accumulation 261-2(c)(4)
|
|
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 "s crap 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.
Notes
Utah Admin. Code
R315-261-2
Adopted by
Utah
State Bulletin Number 2016-9, effective
4/15/2016
Amended by
Utah
State Bulletin Number 2016-13, effective
6/10/2016
Amended by
Utah
State Bulletin Number 2016-17, effective
8/15/2016