N.H. Admin. Code § Env-Hw 803.04

Current through Register No. 45, November 7, 2024

Section Env-Hw 803.04 - Materials That Are Not Wastes When Recycled

Env-Hw 803.04 Materials That Are Not Wastes When Recycled.

(a) Except as set forth in Env-Hw 803.03(b), a material shall not be a waste when it can be shown to be recycled by being:

(1) Used or reused as an ingredient in an industrial process to make a product, provided the material is not being reclaimed;

(2) Used or reused as an effective substitute for commercial products, provided the material is not being reclaimed; or

(3) Returned to the original process from which it is generated, without first being reclaimed or land disposed, if such material is:

a. Returned as a substitute for feedstock materials; and

b. In cases where the original process to which the material is returned is a secondary process, managed such that it is not placed on land.

(b) The following materials shall not be wastes when recycled by being reclaimed:

(1) Sludges, as defined in Env-Hw 104, that are deemed to be hazardous solely because they exhibit one or more of the characteristics of hazardous waste set forth in Env-Hw 403;

(2) By-products, as defined in Env-Hw 103, that are deemed to be hazardous solely because they exhibit one or more of the characteristics of hazardous waste set forth in Env-Hw 403;

(3) Commercial chemical products listed in Env-Hw 402.04 or Env-Hw 402.05; and

(4) Commercial chemical products not listed in Env-Hw 402.04 or Env-Hw 402.05 that are deemed to be hazardous solely because they exhibit one or more of the characteristics of hazardous waste set forth in Env-Hw 403, except when they are recycled in ways that differ from their normal manner of use.

(c) The following materials shall not be wastes when they are accumulated speculatively, as determined in Env-Hw 811:

(1) Commercial chemical products listed in Env-Hw 402.04 or Env-Hw 402.05; and

(2) Commercial chemical products not listed in Env-Hw 402.04 or Env-Hw 402.05 that are deemed to be hazardous solely because they exhibit one or more of the characteristics of hazardous waste set forth in Env-Hw 403, except when they are recycled in ways that differ from their normal manner of use.

N.H. Admin. Code § Env-Hw 803.04

#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 800) ss by #9367, eff 1-28-09

Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12350, Effective 8/14/2017, Expires 8/14/2027.