La. Admin. Code tit. 33 § V-4139

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-4139 - Recyclable Materials Used in a Manner Constituting Disposal

A. This Section applies to recyclable materials that are applied to or placed on the land without being mixed with any other substance or after being mixed or combined with any other substance. These materials will be referred to throughout this Section as materials used in a manner that constitutes disposal.

B. Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if:

1. the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means; and

2. such products meet the applicable treatment standards in LAC 33:V.Chapter 22.Subchapter A (or applicable prohibition levels in LAC 33:V.2209 or 2215, where no treatment standards have been established), or Section 3004(d) of RCRA for each recyclable material (i.e., hazardous waste constituent) that they contain and the recycler complies with LAC 33:V.2247.E.

C. Fertilizers that contain recyclable materials are not subject to regulation provided that:

1. they are zinc fertilizers excluded from the definition of solid waste according to LAC 33:V.105.D.1.u; or

2. they meet the applicable treatment standards in LAC 33:V.2223 for each hazardous waste that they contain.

D. Anti-skid/de-icing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous wastes K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in Subsection C of this Section and remain subject to regulation.

La. Admin. Code tit. 33, § V-4139

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 11:988 (October 1985), amended LR 11:1139 (December 1985), LR 15:378 (May 1989), LR 16:220 (March 1990), LR 17:367 (April 1991), LR 17:658 (July 1991), LR 20:1000 (September 1994), LR 22:21 (January 1996), repromulgated LR 22:100 (February 1996), amended LR 23:566 (May 1997), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:1743 (September 1998); amended by the Office of Environmental Assessment, Environmental Planning Division, LR 30:1684 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 32:610 (April 2006), LR 38:779 (March 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.