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<br /> .2. (a) Recyclable ,materials are subject to the requirements of thâ–º, chapter and the regulations adopted by the
<br /> department to implement this chapter which apply to hazardous wastes, unless the department issues a variance pursuant to
<br /> Section 25143, or except as provided otherwise in subdivision(b), (c), or(d) or the regulations adopted by the department
<br /> pursuant to Sections 25150 and 25151. For the purposes of this section,recyclable material does not include infectious waste.
<br /> (b)Except as otherwise provided in subdivisions(e), (f), and (g), recyclable material which is managed in accordance
<br /> with Section 25143.9 and is or will be recycled by any of the following methods shall be excluded from classification as a
<br /> waste:
<br /> (1) Used or reused as an ingredient in an industrial process to make a product, if the material is not being reclaimed.
<br /> (2) Used or reused as a safe and effective substitute for commercial products, if the material is not being reclaimed.
<br /> (3)Returned to the original process from which the material was generated, without first being reclaimed, if the material
<br /> is returned as a substitute for raw material feedstock, and the process uses raw materials as principal feedstocks.
<br /> (c) Except as otherwise provided in subdivision(e), any recyclable material may be recycled at a facility which is not
<br /> authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9
<br /> (commencing with Section 25200) if either of the following requirements is met:
<br /> (1)The material is a petroleum refinery waste containing oil which is converted into petroleum coke at the same facility
<br /> at which the waste was generated, unless the resulting coke product would be identified as a hazardous waste under this
<br /> chapter. A waste subject to this paragraph is 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 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 the material was generated.
<br /> (B) The material is recycled within 90 days of its generation.
<br /> (C) The material is managed in accordance with all applicable requirements for generators of hazardous wastes under
<br /> this chapter and regulations adopted by the department.
<br /> (d) Except as otherwise provided in subdivisions(e), (f), (g), and (h), recyclable material which meets the definition
<br /> of a non-RCRA hazardous waste in Section 25117.9, is managed in accordance with Section 25143.9,and meets or will meet
<br /> any of the following requirements is excluded from classification as a waste:
<br /> (1) The material can be shown to be recycled and used at the site where the material was generated.
<br /> (2) The material qualifies as one or more of the following:
<br /> (A) The material is a product, which has been processed from a hazardous waste, or which has been handled, at a
<br /> facility authorized by the department pursuant to the facility permit requirements of Article 9 (commencing with Section
<br /> 25200) to process or handle the material, if the product meets both of the following conditions:
<br /> (i) The product does not contain constituents, other than those for which the material is being recycled which render
<br /> the material hazardous under regulations adopted pursuant to Sections 25140 and 25141.
<br /> (ii) The product is used, or distributed or sold for use, in a manner for which the product is commonly used.
<br /> (B)The material is a petroleum refinery waste containing oil which is converted into petroleum coke at the same facility
<br /> at which the waste was generated, unless the resulting coke product would be identified as a hazardous waste under this
<br /> chapter.
<br /> (C) The material is oily waste, used oil, or spent nonhalogenated solvent which is managed by the owner or operator
<br /> of a refinery which is processing primarily crude oil and which is not subject to permit requirements for recycling of used
<br /> oil,or a public utility,or a corporate subsidiary,corporate parent, or subsidiary of the same corporate parent of the refinery
<br /> or public utility, and which meets all of the following requirements:
<br /> (i) The material is either burned in an industrial boiler, an industrial furnace, an incinerator, or a utility boiler which
<br /> complies with all applicable federal and state laws, or is recombined with normal process streams to produce a fuel.
<br /> (ii) The material is managed at the site where it was generated; managed at another site owned or operated by the
<br /> generator, a corporate subsidiary of the generator, a subsidiary of the same entity of which the generator is a subsidiary,
<br /> or the corporate parent of the generator; or, if the material is generated in the course of oil or gas exploration or production,
<br /> managed by an unrelated refinery receiving the waste through a common pipeline.
<br /> (iii)The material does not contain constituents other than those for which the material is being recycled which render
<br /> the material hazardous under regulations adopted pursuant to Sections 25140 and 25141.
<br /> (D) The material is a fuel which is removed from a fuel tank, is either contaminated with water or by nonhazardous
<br /> debris, of not more than 2 percent by weight, including,but not limited to, rust or sand, or a fuel unintentionally mixed with
<br /> an unused petroleum product, and is transferred to, and processed into a fuel at, a refinery which processes primarily crude
<br /> oil.
<br /> (3) The material is transported between locations operated by the same person who generated the material, if the
<br /> material is recycled at the last location operated by that person and all of the conditions of clauses (i) to (vi), inclusive, of
<br /> subparagraph (A) of paragraph (4) are met. If requested by the department or by any law enforcement official, a person
<br /> handling material subject to this paragraph shall, within 15 days of the request, supply documentation to show that the
<br /> requirements of this paragraph have been satisfied.
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