| Use constituting disposal WAC 173-303-016 (5)(a) | Energy recovery/ fuel WAC 173-303- 016 (5)(b) | Reclamation WAC 173-303-016 (5)(c) | Speculative accumulation WAC 173-303-016 (5)(d) |
Spent materials | (*) | (*) | (*) | (*) |
Commercial chemical products | (*) | (*) | ── | ── |
| (*) | (*) | (*) | (*) |
| (*) | (*) | (*) | (*) |
By-products exhibiting a characteristic1 or criteria2 | (*) | (*) | ── | (*) |
Sludges exhibiting a characteristic1 or criteria2 | (*) | (*) | ── | (*) |
Scrap metal that is not excluded under WAC 173-303-071 (3)(ff) | (*) | (*) | (*) | (*) |
Note: | The terms "spent materials," "sludges," "by-products," "scrap metal" and "processed scrap metal" are defined in WAC 173-303-040. |
1 | The characteristics of dangerous waste are described in WAC 173-303-090. |
2 | The dangerous waste criteria are described in WAC 173-303-100. |
(6) Inherently waste-like materials. The following materials are solid wastes when they are recycled in any manner:
(a) Dangerous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028.
(b) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a dangerous waste or are listed as a dangerous waste as defined in WAC
173-303-090 or
173-303-080 through
173-303-082, except for brominated material that meets the following criteria:
(i) The material must contain a bromine concentration of at least 45%; and
(ii) The material must contain less than a total of 1% of toxic organic compounds listed in WAC
173-303-9905; and
(iii) The material is processed continually on site in the halogen acid furnace via direct conveyance (hard piping).
(c) The department will use the following criteria to add wastes to (a) of this subsection:
(i)(A) The materials are ordinarily disposed of, burned, or incinerated; or
(B) The materials contain toxic constituents listed in WAC
173-303-9905 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 or the environment when recycled.
(7) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing chapter
70.105 RCW who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must 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 must 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 must show that they have the necessary equipment to do so.
(8) Sham recycling. A 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 WAC
173-303-019.
[Statutory Authority: Chapters
70.105,
70.105D RCW and RCRA. WSR 19-04-038 (Order 16-03), § 173-303-016, filed 1/28/19, effective 4/28/19. Statutory Authority: Chapter
70.105 RCW. WSR 15-01-123 (Order 13-07), § 173-303-016, filed 12/18/14, effective 1/18/15. Statutory Authority: Chapters
70.105, 70.105D,
15.54 RCW and RCW
70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-016, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters
70.105 and
70.105D RCW. WSR 95-22-008 (Order 94-30), § 173-303-016, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-016, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-016, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter
70.105 RCW. WSR 86-12-057 (Order DE-85-10), § 173-303-016, filed 6/3/86; WSR 84-14-031 (Order DE 84-22), § 173-303-016, filed 6/27/84.]