NR 661.0002(3)(a)1.b.b. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land, in which case the product itself remains a solid waste. NR 661.0002(3)(a)2.2. Commercial chemical products listed in s. NR 661.0033 are not solid wastes if they are applied to the land and that is their ordinary manner of use. NR 661.0002(3)(b)1.1. Materials noted with a “*” in column 2 of Table 1 are solid wastes when they are any of the following: NR 661.0002(3)(b)1.b.b. Used to produce a fuel or are otherwise contained in fuels, in which cases the fuel itself remains a solid waste. NR 661.0002(3)(c)(c) They are reclaimed. Materials noted with a “-” in column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with an “*” in column 3 of Table 1 are solid wastes when reclaimed unless they meet the requirements specified in s. NR 661.0004 (1) (q), (w), (x), or (za). NR 661.0002(3)(d)(d) They are accumulated speculatively. Materials noted with a “*” in column 4 of Table 1 are solid wastes when accumulated speculatively. Table 1
NR 661.0002 NoteNote: The terms “spent materials,” “sludges,” “by-products,” “scrap metal” and “processed scrap metal” are defined in s. NR 661.0001. NR 661.0002(4)(4) All of the following inherently waste-like materials are solid wastes when they are recycled in any manner: NR 661.0002(4)(a)(a) Hazardous waste numbers F020, F021, unless used as an ingredient to make a product at the site of generation, F022, F023, F026, and F028. NR 661.0002(4)(b)(b) Secondary material fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste, as defined in subch. C or D, except for brominated material that meets all of the following criteria: NR 661.0002(4)(b)2.2. The material contains less than a total of 1% of toxic organic compounds listed in Appendix VIII. NR 661.0002(4)(b)3.3. The material is processed continually on-site in the halogen acid furnace via direct conveyance by hard piping. NR 661.0002(4)(c)(c) The department shall use all of the following criteria to add wastes to the inherently waste-like materials list: NR 661.0002(4)(c)1.b.b. The materials contain toxic constituents listed in Appendix VIII and these constituents are not ordinarily found in raw materials or products for which the materials substitute, or are found in raw materials or products in smaller concentrations, and are not used or reused during the recycling process. NR 661.0002(4)(c)2.2. The material may pose a substantial hazard to human health and the environment when recycled. NR 661.0002(5)(a)(a) A material is not a solid waste when it can be shown to be recycled by being one of the following: NR 661.0002(5)(a)1.1. Used or reused as an ingredient in an industrial process to make a product, provided the material is not being reclaimed prior to the use or reuse. NR 661.0002(5)(a)2.2. Used or reused as an effective substitute for commercial products, provided the material is not reclaimed prior to the use or reuse. NR 661.0002(5)(a)3.3. Returned to the original process from which it was generated, without first being reclaimed or land disposed. The material shall be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the material shall be managed such that there is no placement on the land. In cases where the material is generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at s. NR 661.0004 (1) (q) apply rather than this subsection.
