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(2) The wastes subject to this subdivision are subject to <br /> Article 9.5 (commencing with Section 25208) and Chapter 6.8 (commencing <br /> ✓ with Section 25300) if the wastes would otherwise be classified as <br /> hazardous wastes pursuant to Section 25117 and the regulations adopted <br /> pursuant to Section 25141. <br /> (3) For purposes of this subdivision, "wastes from the extraction, <br /> beneficiation, and processing of ores and minerals" means any of the <br /> following: <br /> (A) Soil, waste rock, overburden, and any other solid, semisolid, or <br /> liquid natural materials that are removed, unearthed, or otherwise <br /> displaced as a result of excavating or recovering an ore, mineral, or <br /> other natural material. <br /> (B) Residuals of ores, minerals, or other natural materials after <br /> those ores, minerals, or other natural materials have been removed, <br /> unearthed, or otherwise displaced from their natural sites and (i) <br /> physically or chemically treated or otherwise managed in order to separate <br /> or concentrate the commercial product present in the ore, mineral, or <br /> other natural material, or (ii) processed to produce a final marketable <br /> product. <br /> (Amended by Stats. 1989, Ch. 642. ) <br /> 25143.2. (a) Recyclable materials are subject to the requirements <br /> of this chapter which apply to hazardous wastes, unless the department <br /> issues a variance pursuant to Section 25143, or except as provided <br /> otherwise in subdivision (b) , (c) , or (d) or the regulations adopted by <br /> the department pursuant to Sections 25150 and 25151. <br /> (b) Except as otherwise provided in subdivision (e) , any recyclable <br /> material is not a waste under this chapter when the material can be shown <br /> to be recycled by any of the following methods : <br /> (1) Used or reused as an ingredient in an industrial process to make <br /> a product, if the material is not being reclaimed. <br /> (2) Used or reused as a safe and effective substitute for commercial <br /> products, if the material is not being reclaimed. <br /> (3) Returned to the original process from which the material was <br /> generated, without first being reclaimed, if the material is returned as a <br /> substitute for raw material feedstock, and the process uses raw materials <br /> as principal feedstocks. <br /> (c) Except as otherwise provided in subdivisions (b) , (d) , and (e) , <br /> any recyclable material may be recycled at a facility which is not <br /> authorized by the department pursuant to the applicable hazardous waste <br /> facilities permit requirements of Article 9 (commencing with Section <br /> 25200) if either of the following requirements is met: <br /> (1) The material is a petroleum refinery waste containing oil which <br /> is converted into petroleum coke at the same facility at which the waste <br /> was generated, unless the resulting coke product would be identified as a <br /> hazardous waste under this chapter. A waste subject to this paragraph is <br /> exempt from this chapter to the same extent the waste is exempt from <br /> subsections (q) , (r) , and (s) of Section 6924 of Title 42 of the United <br /> States Code. <br /> (2) The material meets all of the following conditions: <br /> (A) The material is recycled and used at the same facility at which <br /> the material was generated. <br /> -29- <br />