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• 0 0 0 This database is current through 9/27/13 Register 2013, No. 39 RECEIVED § 66261.4. Exclusions. AUG D 5 2014 ENVIRONMENTAL HEALTH DEPARTMENT (a) Materials which are not wastes. The following materials are not wastes for the purpose of this chapter: (1) industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the federal Clean Water Act, as amended (33 U.S.C. section 1342). This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment; (2) source, special nuclear or by-product material as defined by the federal Atomic Energy Act of 1954, as amended, (42 U.S.C. section 2011 et seq.); (3) spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in section 66260.10. (4) pulping liquors (e.g., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless accumulated speculatively as defined in 66260.10. (5) secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided: (A) only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance; (B) reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators); (C) the materials are never accumulated in such tanks for over twelve months without being reclaimed; and (D) the reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal. (b) Wastes which are not hazardous wastes. The following wastes are not hazardous wastes: (1) infectious waste which consists solely of the carcasses of animals, which is not otherwise hazardous, and which is handled, stored and disposed of according to all applicable requirements established by the Department of Food and Agriculture pursuant to provisions of chapter 1, part 1, division 5 (commencing with section 9101) and of chapter 5, part 3, division 9 (commencing with section 19200) of the Food and Agricultural Code; (2) materials which are exempted or excluded from classification as solid waste or hazardous waste pursuant to 40 CFR section 261.4 provided they are not listed in article 4.1 of this chapter, and do not exhibit a characteristic of a hazardous waste as set forth in article 3 of this chapter; (3) used oil re -refining distillation bottoms that are used as feedstock to manufacture asphalt products;