The department shall identify and define a characteristic of hazardous waste only upon determining that:

1. (a) A waste that exhibits the characteristic might:

   1. (1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or
   2. (2) Pose a present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of, or otherwise managed; and

2. (b) The characteristic can be:

   1. (1) Measured by an available standardized test method that is within the capability of generators of waste or private sector laboratories that are available to serve generators of waste; or
   2. (2) Detected by generators of waste through their knowledge of their waste.

Source. #5886, eff 8-26-95; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36