(a) Upon request, and with supporting documentation, the DEQ may make a determination that a waste material is not a solid waste when it can be shown that the material is:
- (1) being used as an ingredient in an industrial process to make a product;
- (2) used as an effective substitute for commercial products;
- (3) being returned to the original process from which it is generated, without first being reclaimed. The material must be returned as a substitute for raw material feed-stock and the process must use raw materials as principal feed-stocks; or
- (4) in the possession of persons who actually possess the equipment necessary to process the material to comply with one of the above conditions.
- (b) The DEQ may also make a reuse determination on other proposals based upon an evaluation of the contemplated use of the material and potential effects on human health and the environment.
- (c) If waste is accumulated in anticipation of future markets or is stored in a quantity exceeding that which may be reasonably expected to be used or recycled within one (1) year, the material is regulated as a solid waste.
Added at 20 Ok Reg 1151, eff 6-1-03