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produce products that are applied to the land as a fertilizer, soil <br /> amendment, agricultural mineral, or an auxiliary soil and plant substance. <br /> The department may adopt regulations to exclude materials from regulation <br /> pursuant to this paragraph. <br /> (3) Materials burned for energy recovery, used to produce a fuel, or <br /> contained in fuels, except materials exempted under subparagraph (B) or <br /> (C) of paragraph (2) of subdivision (d) . <br /> (4) Materials accumulated speculatively. <br /> (5) Materials determined to be inherently wastelike pursuant to <br /> regulations adopted by the department. <br /> (6) Used or spent etchants, stripping solutions, and plating <br /> solutions, which are transported to an offsite facility operated by a <br /> person other than the generator and which conform to either of the <br /> following: <br /> (A) Meet a characteristic or a criterion of a hazardous waste <br /> established by the Environmental Protection Agency or the department. <br /> (B) Are listed by the Environmental Protection Agency or the <br /> department as a hazardous waste. <br /> (7) Used oil, as defined in subdivision (a) of Section 25250.1, <br /> unless one of the following applies: <br /> (A) The used oil meets the definition of recycled oil contained in <br /> subdivision (c) of Section 25250.1. <br /> (B) The used oil is exempted under subparagraph (B) or (C) of <br /> paragraph (2) of subdivision (d) or under paragraph (3) of subdivision (d) <br /> of this section, under subdivision (e) of Section 25250.1, or under <br /> Section 25250.3. <br /> (C) The used oil is used or reused on the site where it was <br /> generated and is not any of the following: <br /> (i) Used in a manner constituting disposal or used to produce a <br /> product that is applied to land. <br /> (ii) Burned for energy recovery or used to produce a fuel, unless <br /> the used oil is exempted under subparagraph (B) or (C) of paragraph (2) of <br /> subdivision (d) . <br /> (iii) Accumulated speculatively. <br /> (iv) Determined to be inherently wastelike pursuant to regulations <br /> adopted by the department. <br /> (f) If the department brings an action to enforce this chapter, any <br /> person subject to the action who claims that a certain recyclable material <br /> is not a waste or is excluded, exempt, or conditionally exempt, from <br /> regulation under this chapter, shall demonstrate to the department that <br /> there is a known market or disposition for the material, and that the <br /> requirements of any exemption, exclusion, or conditional exemption from <br /> this chapter are met, by providing appropriate documentation to <br /> demonstrate that the material is not a waste or is excluded, exempt, or <br /> conditionally exempt, from regulation. Any person subject to such an <br /> enforcement action and making this claim shall provide to the department, <br /> upon request, the name, street and mailing address, and telephone number <br /> of the owner or operator of any facility that manages the material, and <br /> any other information related to the management of the material requested <br /> by the department. Any owner or operator of a facility subject to an <br /> action to enforce this chapter who claims to be recycling materials shall <br /> -32- <br />