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. NR 661.0002(5)(b)(b) All of the following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process as described in par. (a) 1. to 3.: NR 661.0002(5)(b)1.1. Materials used in a manner constituting disposal or used to produce products that are applied to the land. NR 661.0002(5)(b)2.2. Materials burned for energy recovery, used to produce a fuel, or contained in fuels. NR 661.0002(6)(6) A respondent in an action to enforce ch. 291, Stats., and chs. NR 660 to 667 who raises a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, the respondent shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste, or is exempt from regulation. In addition, an owner or operator of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so. NR 661.0002(7)(7) A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. “Sham recycling” means recycling that is not legitimate recycling as defined in s. NR 660.43. NR 661.0002 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (intro.), (3) (intro.), (Table 1), (4) (b) made under s. 35.17, Stats., Register August 2020 No. 776. NR 661.0003(1)(b)1.1. It exhibits any of the characteristics of hazardous waste identified in subch. C. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under s. NR 661.0004 (2) (g) and any other solid waste exhibiting a characteristic of hazardous waste under subch. C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in Table 2 of s. NR 661.0024 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.