Md. Code Regs. 26.13.02.02

Current through Register Vol. 51, No. 9, May 3, 2024

Section 26.13.02.02 - Definitions of Solid Waste

A. Solid Waste and Discarded Material.

(1) A solid waste is any discarded material that is not excluded by Regulation .04 of this chapter or that is not excluded by a variance granted under COMAR 26.13.01.04D and E.

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

(a) Abandoned, as explained in §B of this regulation;

(b) Recycled, as explained in §C of this regulation;

(c) Considered inherently waste-like, as explained in §D of this regulation; or

(d) A military munition identified as a solid waste in COMAR 26.13.10.27B.

B. Materials are solid waste if they are abandoned. For purposes of this subtitle, "abandoned" means:

(1) Disposed of;

(2) Burned or incinerated;

(3) Accumulated, stored, or treated (but not recycled) before or instead of being abandoned by being disposed of, burned, or incinerated; or

(4) Sham recycled, as explained in §H of this regulation.

C. Materials are solid wastes if they are recycled, or accumulated, stored, or treated before recycling, as follows:

(1) Used in a Manner Constituting Disposal.

(a) Except as provided in §C(1)(b) of this regulation, materials noted with an asterisk in §G of this regulation, column 1 of Table 1, are solid wastes when they are:

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

(ii) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to the land (in which case the product itself remains a solid waste).

(b) Commercial chemical products that exhibit a characteristic of hazardous waste or that are listed in Regulation .19 of this chapter are not solid wastes if they are applied to the land and that is their ordinary manner of use.

(2) Materials Burned for Energy Recovery.

(a) Except as provided in §C(2)(b) of this regulation, materials noted with an asterisk in §G of this regulation, column 2, are solid wastes when they are:

(i) Burned to recover energy;

(ii) Used to produce a fuel;

(iii) Contained in fuels, in which case the fuel itself remains a solid waste.

(b) Commercial chemical products that exhibit a characteristic of hazardous waste or that are listed in Regulation .19 of this chapter are not solid wastes if they are themselves fuels.

(3) Materials Reclaimed. Materials noted with an asterisk in §G, column 3 of Table 1 are solid wastes when reclaimed.

(4) Materials Accumulated Speculatively. Materials noted with an asterisk in §G, column 4 of Table 1 are solid wastes when accumulated speculatively.

D. Inherently Waste-Like Materials.

(1) The following materials are solid wastes when they are recycled in any manner: Hazardous Waste Nos. F020, F021, unless otherwise used as an ingredient to make a product at the site of generation, and F022, F023, F026, and F028.

(2) The Secretary shall use the following criteria to add wastes to the list in §D(1):

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

(b) The materials contain toxic constituents listed in Regulation .24 of this chapter 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; or

(c) The materials 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:

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

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

(c) Returned to the original process from which they are generated, without first being reclaimed. The material shall be returned as a substitute for raw material feedstock, and the process shall use raw materials as principal feedstocks, in order for this paragraph to apply.

(2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process, described in §E(1), of this regulation:

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

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

(c) Materials accumulated speculatively; or

(d) Materials listed in §D(1) of this regulation.

F. Documentation of Claims That Materials Are Not Solid Wastes or Are Conditionally Exempt from Regulation.

(1) A respondent in an action to enforce regulations implementing Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, who raises a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that:

(a) There is a known market or disposition for the material; and

(b) The respondent meets the terms of the exclusion or exemption.

(2) To satisfy the requirements of §F(1) of this regulation, a person 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.

(3) In addition to meeting the requirements of §F(2) of this regulation, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so.

G. Table 1.

Use Constituting Disposal (1)	Energy Recovery/Fuel (2)	Reclamation (3)	Speculative Accumulation (4)
Spent materials	(*)	(*)	(*)	(*)
Sludges (listed in Regulation .16, .17, or .18 of this chapter)	(*)	(*)	(*)	(*)
Sludges exhibiting a characteristic of hazardous waste	(*)	(*)	__	(*)
By-products (listed in Regulation .16, .17, or .18 of this chapter)	(*)	(*)	(*)	(*)
By-products exhibiting a characteristic of hazardous waste	(*)	(*)	__	(*)
Commercial chemical products (listed in Regulation .19 of this chapter)	(*)	(*)	__	__
Commercial chemical products exhibiting a characteristic of hazardous waste	(*)	(*)	__	__
Scrap metal other than excluded scrap metal, which is defined in Regulation .01D of this chapter	(*)	(*)	(*)	(*)

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NOTE - The terms "spent materials", "sludges", "by-products", and "scrap metal" are defined in Regulation .01 of this chapter.

H. Sham Recycling.

(1) A hazardous secondary material found to be sham recycled, as defined in §H(2) of this regulation, is considered discarded and a solid waste.

(2) "Sham recycling" means recycling that is not legitimate, as determined in accordance with COMAR 26.13.01.04L.

Md. Code Regs. 26.13.02.02

Regulation .02A_F repealed, and new A_G adopted effective April 18, 1988 (15:8 Md. R. 1009); amended effective 49:1 Md. R. 14, eff. 1/13/2022