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listed in articles 4 or 4.1 of chapter 11, the generator may determine that <br /> the waste from his particular facility or operation is not a hazardous waste <br /> by either: <br /> (1) Testing the waste according to the methods set forth in article 3 <br /> of chapter 11 of this division, or according to an equivalent method <br /> approved by the Department pursuant to section 66260.21; or <br /> (2) Applying knowledge of the hazard characteristic of the waste in <br /> light of the materials or the processes used and the characteristics <br /> set forth in article 3 of chapter 11 of this division. <br /> (c) For purposes of compliance with chapter 18 of this division <br /> (commencing with section 66268.1), or if the waste is not listed as a <br /> hazardous waste in article 4 (commencing with section 66261.30), in <br /> article 4.1 (commencing with section 66261.50), or in Appendix X of <br /> chapter 11 of this division, the generator shall determine whether the <br /> waste exhibits any of the characteristics set forth in article 3 of chapter 11 <br /> of this division by either: <br /> (1) Testing the waste according to the methods set forth in article 3 <br /> (commencing with section 66261.20) of chapter 11 of this division, <br /> or according to an equivalent method approved by the Department <br /> under section 66260.21; or <br /> (2) Applying knowledge of the hazard characteristic of the waste in <br /> light of the materials or the processes used. <br /> (d) If the waste is determined to be hazardous, the generator shall refer to <br /> chapters 14, 15, 18, and 23 of this division for possible exclusions or <br /> restrictions pertaining to management of the specific waste. <br /> Explanation <br /> If the fines are a listed hazardous waste metal and smaller than 100 microns then <br /> they are hazardous waste. If fines are greater than 100 microns and recycled <br /> then they are not hazardous waste [CCR 66261.6(a)(3)(B)]. <br /> Metal contaminated with a free-flowing oil that is hazardous waste is a hazardous <br /> waste [CCR 66260.1 0(b)(5)]. <br />