Current through August 26, 2024
(1)
The department may grant requests for a variance from classifying as a solid
waste those materials that are accumulated speculatively without sufficient
amounts being recycled if the applicant demonstrates that sufficient amounts of
the material will be recycled or transferred for recycling in the following
year. If a variance is granted, it is valid only for the following year, but
can be renewed, on an annual basis, by filing a new application. The
department's decision will be based on all of the following criteria:
(a) The manner in which the material is
expected to be recycled, when the material is expected to be recycled, and
whether this expected disposition is likely to occur (for example, because of
past practice, market factors, the nature of the material or contractual
arrangements for recycling).
(b)
The reason that the applicant has accumulated the material for one or more
years without recycling 75% of the volume accumulated at the beginning of the
year.
(c) The quantity of material
already accumulated and the quantity expected to be generated and accumulated
before the material is recycled.
(d) The extent to which the material is
handled to minimize loss.
(e) Other
relevant factors.
(2)
The department may grant requests for a variance from classifying as a solid
waste those materials that are reclaimed and then reused as feedstock within
the original production process in which the materials were generated if the
reclamation operation is an essential part of the production process. This
determination will be based on all of the following criteria:
(a) How economically viable the production
process would be if it were to use virgin materials, rather than reclaimed
materials.
(b) The extent to which
the material is handled before reclamation to minimize loss.
(c) The time periods between generating the
material and its reclamation, and between reclamation and return to the
original primary production process.
(d) The location of the reclamation operation
in relation to the production process.
(e) Whether the reclaimed material is used
for the purpose for which it was originally produced when it is returned to the
original process, and whether it is returned to the process in substantially
its original form.
(f) Whether the
person who generates the material also reclaims it.
(g) Other relevant factors.
(3) The department may grant a
request for a variance from classifying as a solid waste those hazardous
secondary materials that have been partially reclaimed, but must be reclaimed
further before recovery is completed, if the partial reclamation has produced a
commodity-like material. A determination that a partially reclaimed material
for which the variance is sought is commodity-like will be based on whether the
hazardous secondary material is legitimately recycled as specified in s. NR 660.43 and on whether all of the following decision criteria are satisfied:
(a) The degree of partial reclamation the
material has undergone is substantial as demonstrated by using a partial
reclamation process other than the process that generated the hazardous
waste.
(b) The partially reclaimed
material has sufficient economic value that it will be purchased for further
reclamation.
(c) The partially
reclaimed material is a viable substitute for a product or intermediate
produced from virgin or raw materials that is used in subsequent production
steps.
(d) There is a market for
the partially reclaimed material as demonstrated by known customers who are
further reclaiming the material, such as records of sales or contracts and
evidence of subsequent use, such as bills of lading.
(e) The partially reclaimed material is
handled to minimize loss
(f) Other
relevant factors.
