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Law section Page 1 of 5 rs r�cr� , t�S AY'L I'VE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: Select Code v Section: Search G UD^ <<Previous Next>> cross-reference chaotered bills PSP I Add To My Favorites LU Highlight HEALTH AND SAFETY CODE-HSC DIVISION 20.MISCELLANEOUS HEALTH AND SAFETY PROVISIONS[24000-262171 (Division 20 enacted by Stats. 1939, Ch 60.) CHAPTER 6.5.Hazardous Waste Control[25100-25259] (Chapter 6.5 added by Stats. 1972, Ch. 1236.) ARTICLE 4. Listings[25140-25145.4] (Article 4 added by Stats. 1972, Ch. 1236.} 25143.2• (a) Recyclable materials are subject to this chapter and the regulations adopted by the department to implement this chapter that apply to hazardous wastes, unless the department issues a variance pursuant to Section 25143, or except as provided otherwise in subdivision (b), (c), or(d) or in the regulations adopted by the department pursuant to Sections 25150 and 25151. (b) Except as otherwise provided in subdivisions (e), (f), and (g), recyclable material that is managed in accordance with Section 25143.9 and is or will be recycled by any of the following methods shall be excluded from classification as a waste: (1) Used or reused as an ingredient in an industrial process to make a product if the material is not being reclaimed. (2) Used or reused as a safe and effective substitute for commercial products if the material is not being reclaimed. (3) Returned to the original process from which the material was generated, without first being reclaimed, if the material is returned as a substitute for raw material feedstock, and the process uses raw materials as principal feedstocks. (c) Except as otherwise provided in subdivision (e), any recyclable material may be recycled at a facility that is not authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200) if either of the following requirements is met: (1) The material is a petroleum refinery waste containing oil that is converted into petroleum coke at the same facility at which the waste was generated unless the resulting coke product would be identified as a hazardous waste under this chapter. (2) The material meets all of the following conditions: (A) The material is recycled and used at the same facility at which the material was generated, (B) The material is recycled within the applicable generator accumulation time limits specified in Section 25123,3 and the regulations adopted by the department pursuant to paragraph (1) of subdivision (b) of Section 25123.3. (C) The material is managed in accordance with all applicable requirements for generators of hazardous wastes under this chapter and regulations adopted by the department. (d) Except as otherwise provided in subdivisions (e), (f), (g), and (h), recyclable material that meets the definition of a non-RCRA hazardous waste in Section 25117.9, is managed in accordance with Section 25143.9, and meets or will meet any of the following requirements is excluded from classification as a waste: (1) The material can be shown to be recycled and used at the site where the material was generated. (2) The material qualifies as one or more of the following: (A) The material is a product that has been processed from a hazardous waste, or has been handled, at a facility authorized by the department pursuant to the facility permit requirements of Article 9 (commencing with Section 25200) to process or handle the material, if the product meets both of the following conditions: (i) The product does not contain constituents, other than those for which the material is being recycled, that render the material hazardous udder regulations adopted pursuant to Sections 25140 and 25141. http://Ieginfo.legislature.ca.gov/faces/codes_display Section.xhtrnl?lawCode=HSC&section... 07/19/17