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<br /> Ch. 1 (7-1-88 Edition) Environmental Protection Agency §261.4
<br /> I
<br />:ription set forth in
<br /> 145 FR 33119, May 19, 1980, as amended at (ii) Reclamation does not involve g
<br /> 46 FR 56588, Nov. 17, 1981: 50 FR 14219, controlled flame combustion (such as
<br /> of a mixture of solid Apr. 11, 1985:50 FR 49202,Nov. 29, 1985; 52 occurs in boilers, industrial furnaces, +
<br /> r more listed hazard- FR 11821,Apr. 13,19871 or incinerators);
<br />.n a hazardous waste `261. lusions. (iii) The secondary materials are
<br /> 4 Exclusions.t D is first added to never accumulated in such tanks for
<br /> (a) Materials which are not solid over twelve months without being re-
<br /> e of any other waste wastes. The following materials are claimed;and
<br /> to mixture), when the not solid wastes for the purpose of this (iv) The reclaimed material is not
<br /> ny of the characteris• part: used to produce a fuel, or used to r
<br /> Subpart C. (1)(1)Domestic sewage;and produce products that are used in a
<br /> until it meets the cri- (ii) Any mixture of domestic sewage manner constituting disposal. `
<br />)h(d): and other wastes that passes through (b) Solid wastes which are not haz- ;
<br /> is waste will remain a a sewer system to a publicly-owned ardour wastes. The following solid
<br /> treatment works for treatment. "Do +'
<br /> wastes are not hazardous wastes:
<br /> as otherwise provided mestic sewage" means untreated sani- (1) Household waste, including 1>>s4
<br />)(2)(ii) of this section, Lary wastes that pars through a sewer household waste that has been collect-
<br /> generated from the system. ed, transported, stored, treated, dis-
<br /> age, or disposal of a (2) Industrial wastewater discharges posed, recovered (e.g., refuse-derived -
<br /> including any sludge, that are point source discharges sub- fuel) or reused. "Household waste" i 1:
<br /> sh, emission control jest to regulation under section 402 of means any material (including gar
<br /> to (but not including the Clean Water Act,as amended. bage, trash and sanitary wastes in
<br /> n-off) is a hazardous [Comment This exclusion applies only to septic tanks) derived from households
<br /> materials that are re
<br /> rest-
<br /> lid wastes and that are the actual point source discharge. It does (including single and multiple rest- J
<br /> not exclude Industrial wastewaters while dences, hotels and motels, bunk- $ '
<br /> y are not solid wastes they are being collected, stored or treated houses, ranger stations, crew quarters,
<br /> not hazardous wastes before discharge,nor does it exclude sludges campgrounds, picnic grounds and day-
<br /> vision
<br /> ay vision unless the re- that are generated by industrial wastewater use recreation areas). A resource re-
<br /> 1 is burned for energy treatment.] covert' facility managing municipal i
<br /> d in a manner consti-
<br /> (3)Irrigation return flows. solid waste shall not be deemed to be
<br /> (4) Source, special nuclear or by- treating, storing, disposing of, or oth- f' '
<br /> wing solid wastes are 7 '
<br /> product material as defined by the erwise managing hazardous wastes for
<br /> even though they are Atomic Energy Act of 1954, as amend- the purposes of regulation tender this
<br /> the treatment, stor• ed,42 U.S.C. 2011 et seq. subtitle,if such facility:
<br /> of a hazardous waste, (5) Materials subjected to in-situ (i)Receives and burns only
<br /> ibit one or more of the mining techniques which are not re (A) Household waste (from single
<br /> r..
<br /> If hazardous waste: (A) moved from the ground as part of the and multiple dwellings, hotels, motels,
<br /> luor sludge generated extraction process.
<br /> and other residential sources)and
<br /> ration of spent pickle (6)pulping liquors(i.e., black liquor) (B) Solid waste from commercial or
<br /> iron and steel industry that are reclaimed in a pulping liquor industrial sources that does not con-
<br />,and 332). recovery furnace and then reused in
<br /> mburning any of the taro hazardous waste;and
<br /> the pulping process, unless it is accIn (ii)Such facility does not accept haz-
<br /> pted from regulation mulated speculatively as defined In ardour wastes and the owner or opera- i
<br />(v)through(ix). 4 261.1(c)of this chapter. for of such facility has established
<br /> d waste described in (7) Spent sulfuric acid used to contractual requirements or other ap-
<br /> If this section is not a produce virgin sulfuric acid, unless it propriate notification or inspection
<br /> If it meets the follow- is accumulated speculatively as de- procedures to assure that hazardous
<br /> fined in §261.1(c)of this chapter. wastes are not received at or burned in
<br /> e of any solid waste, It (8) Secondary materials that are re- such facility.
<br />=t any of the character- claimed and returned to the original (2) Solid wastes generated by any of
<br /> ous waste identified in process or processes in which they the following and which are returned
<br /> were generated where they are reused to the soils as fertilizers:
<br /> e of a waste which is a In the production process provided: (I) The growing and harvesting of
<br />"ler Subpart D,contains (1)Only tank storage is involved, and agricultural crops.
<br /> ander Subpart D or is the entire process through completion
<br /> waste listed In Subpartre
<br /> of clamation is closed by being en- (11) The raising of animals, including
<br /> been excluded from tl1r connected with pipes or other animal manures.
<br /> under §§260.20 andcomparable enclosed means of convey- (3) Mining overburden returned to
<br /> the mine site.
<br /> iapter. &nCe;
<br /> p 397
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