| (a) In accordance with the standards and criteria in §335.19
of this title (relating to Standards and Criteria for Variances from
Classification as a Solid Waste) and §335.32 of this title (relating
to Standards and Criteria for Non-Waste Determinations), and in accordance
with the procedures in §335.21 of this title (relating to Procedures
for Variances from Classification as a Solid Waste or To Be Classified
as a Boiler or for Non-Waste Determinations) the executive director
may determine on a case-by-case basis that the following recyclable
materials and nonhazardous recyclable materials are not solid wastes:
(1) materials that are accumulated speculatively without
sufficient amounts being recycled (as defined in §335.17 of this
title (relating to Special Definitions for Recyclable Materials and
Nonhazardous Recyclable Materials));
(2) materials that are reclaimed and then reused within
the original production process in which they were generated;
(3) materials that have been reclaimed but must be
reclaimed further before the materials are completely recovered;
(4) hazardous secondary materials that are reclaimed
in a continuous industrial process; or
(5) hazardous secondary materials that are indistinguishable
in all relevant aspects from a product or intermediate.
(b) Other portions of this chapter that relate to solid
wastes that are recycled include §335.1 of this title (relating
to Definitions), under the definition of "Solid waste," §335.6
of this title (relating to Notification Requirements), §335.17
of this title, §335.19 of this title, §335.20 of this title
(relating to Variance To Be Classified as a Boiler), §335.21
of this title, §335.22 of this title (relating to Additional
Regulation of Certain Hazardous Waste Recycling Activities on a Case-by-Case
Basis), §335.23 of this title (relating to Procedures for Case-by-Case
Regulation of Hazardous Waste Recycling Activities), §335.24
of this title (relating to Requirements for Recyclable Materials and
Nonhazardous Recyclable Materials), Subchapter H of this chapter (relating
to Standards for the Management of Specific Wastes and Specific Types
of Facilities), and Subchapter V of this title (relating to Standards
for Reclamation of Hazardous Secondary Materials).
|
| Source Note: The provisions of this §335.18 adopted to be effective May 29, 1986, 11 TexReg 2335; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective June 16, 2016, 41 TexReg 4259; amended to be effective February 3, 2022, 47 TexReg 318 |
