1. (1) Applicability.

   1. (a) The requirements of 335-14-7-.03 apply to recyclable materials that are applied to or placed on the land:

      1. 1. Without mixing with any, other substance(s); or
      2. 2. After mixing or combining with any other substance(s). These materials will be referred to throughout 335-14-7-.03 as "materials used in a manner that constitutes disposal".
   2. (b) Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in Rule 335-14-9-.04 (or applicable prohibition levels in 335-14-9-.03(13) or RCRA Section 3004(d), where no treatment standards have been established) for each recyclable material (i.e., hazardous waste) that they contain, and the recycler complies with CFR 268.7(b)(6).
   3. (c) Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in 335-14-7-.03(1)(b) and remain subject to regulation.

   4. (d) Fertilizers that contain recyclable materials are not subject to regulation provided that:

      1. 1. They are zinc fertilizers excluded from the definition of solid waste according to 335-14-2-.01(4)(a)20; or
2. (2) Standards applicable to generators and transporters of materials used in a manner that constitutes disposal. Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of Chapters 335-14-3 and 335-14-4.
3. (3) Standards applicable to storers of materials that are to be used in a manner that constitutes disposal who are not the ultimate users. Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of Rules 335-14-5-.01 through 335-14-5-.12 and 335-14-6-.01 through 335-14-6-.12 and Chapter 335-14-8, and the notification requirement under 335-14-3-.01(8).

4. (4) Standards applicable to users of materials that are used in a manner that constitutes disposal.

   1. (a) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of Rules 335-14-5-.01 through 335-14-5-.14 and 335-14-6-.01 through 335-14-6-.14, Chapter 335-14-8 and Chapter 335-14-9, and the notification requirement under Section 3010 of RCRA. (These regulations do not apply to products which contain these recyclable materials under the provisions of 335-14-7-.03(1)(b).)
   2. (b) The use of waste or used oil or other material, which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited.

Author: Stephen C. Maurer; Edwin C. Johnston; Bradley N. Curvin; Vernon H. Crockett

Statutory Authority: Code of Ala. 1975, §§22-30-11, 22-30-14, 22-30-15, 22-30-16.

History: April 9, 1986. Amended: September 29, 1986; February 15, 1988; August 24, 1989; December 6, 1990. Amended: Filed: November 30, 1994 effective January 5, 1995. Amended: Filed March 22, 1995; effective April 26, 1995. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed March 13, 2003; effective April 17, 2003. Amended: Filed April 22, 2004; effective May 27, 2004. Amended: Filed February 28 2006; effective April 4, 2006. Amended: Filed February 19, 2013; effective March 26, 2013. Amended: Filed February 14, 2017; effective March 31, 2017. Amended: Filed February 20, 2018; effective April 7, 2018.