Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE
Subchapter A - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE IN GENERAL
Section 335.18 - Non-Waste Determinations and Variances from Classification as a Solid Waste

Universal Citation: 30 TX Admin Code § 335.18

Current through Reg. 50, No. 13; March 28, 2025

(a) In accordance with the standards and criteria in § 335.19 of this title (relating to Standards and Criteria for Variances from Classification as a Solid Waste) and § 335.32 of this title (relating to Standards and Criteria for Non-Waste Determinations), and in accordance with the procedures in § 335.21 of this title (relating to Procedures for Variances from Classification as a Solid Waste or To Be Classified as a Boiler or for Non-Waste Determinations) the executive director may determine on a case-by-case basis that the following recyclable materials and nonhazardous recyclable materials are not solid wastes:

(1) materials that are accumulated speculatively without sufficient amounts being recycled (as defined in § 335.17 of this title (relating to Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials));

(2) materials that are reclaimed and then reused within the original production process in which they were generated;

(3) materials that have been reclaimed but must be reclaimed further before the materials are completely recovered;

(4) hazardous secondary materials that are reclaimed in a continuous industrial process; or

(5) hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.

(b) Other portions of this chapter that relate to solid wastes that are recycled include § 335.1 of this title (relating to Definitions), under the definition of "Solid waste," § 335.6 of this title (relating to Notification Requirements), § 335.17 of this title, § 335.19 of this title, § 335.20 of this title (relating to Variance To Be Classified as a Boiler), § 335.21 of this title, § 335.22 of this title (relating to Additional Regulation of Certain Hazardous Waste Recycling Activities on a Case-by-Case Basis), § 335.23 of this title (relating to Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities), § 335.24 of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials), Subchapter H of this chapter (relating to Standards for the Management of Specific Wastes and Specific Types of Facilities), and Subchapter V of this title (relating to Standards for Reclamation of Hazardous Secondary Materials).

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.