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0 i <br />2. New subsection (a)(5), subsection renumbering and amendment of Note filed 2-13-2003; operative <br />3-15-2003 (Register 2003, No. 7). <br />22 CCR § 66261.1, 22 CA ADC § 66261.1 <br />This database is current through 9/27/13 Register 2013, No. 39 <br />§ 66261.2. Definition of Waste. <br />(a) "Waste" means any discarded material of any form (for example, liquid, semi-solid, solid or <br />gaseous) that is not excluded by section 66261.4(a) or section 66261.4(e) or that is not excluded by <br />Health and Safety Code section 25143.2(b) or Health and Safety Code section 25143.2(d). <br />(b) A discarded material is any material which is any of the following: <br />(1) relinquished as explained in subsection (c) of this section; or <br />(2) recycled, as explained in subsection (d) of this section; or <br />(3) considered inherently waste -like, as explained in paragraph (e) of this section. <br />(c) A material is a waste if it is relinquished by being any of the following: <br />(1) disposed of; <br />(2) burned or incinerated; <br />(3) accumulated, stored or treated, but not recycled, before or in lieu of, being relinquished by being <br />disposed of, burned or incinerated. <br />(d) A material is a waste if it is recycled, or accumulated, stored or treated before recycling, by being <br />managed: <br />(1) through being used in a manner constituting disposal: <br />(A) materials noted with an "*" in column 1 of Table I are wastes when they are: <br />1. applied to or placed on the land in a manner that constitutes disposal; or <br />2. used to produce products that are applied to or placed on the land or are otherwise contained in <br />products that are applied to or placed on the land (in which cases the product itself is a waste); <br />(B) however, commercial chemical materials listed in section 66261.33, which are discarded <br />commercial chemical products, off -specification species, container residues, or spill residues thereof, <br />and which are applied to the land and application to the land is their ordinary manner of use are non- <br />RCRA hazardous wastes. Commercial chemical products which are "retrograde materials" as defined in <br />section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) <br />of the definition of "recyclable materials" in section 66260.10; <br />(2) through being burned for energy recovery: <br />