§ 287.7. Determination that a material is no longer a waste.

 (a)  Beneficial use. As a term or condition of a general permit for the beneficial use of residual waste, the Department will make a determination that the waste which is beneficially used under the permit ceases to be a waste if it is used in accordance with the terms and conditions of the permit and does not harm or present a threat of harm to public health, safety, welfare or the environment.

 (b)  Processing.

   (1)  As a term or condition of an individual or general permit for the processing of residual waste, or at the request of the owner or operator of a processing facility subject to a permit by rule, the Department may make a determination that, subsequent to the processing activity, the processed waste ceases to be a waste even if it does not meet the requirements for a coproduct.

   (2)  The Department will only make this determination if the applicant demonstrates the following to the Department’s satisfaction:

     (i)   The waste will be used as an ingredient in a manufacturing or production process or as a substitute for a commercial product.

     (ii)   At a minimum, use of the waste will not:

       (A)   Harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth through exposure to constituents of the waste.

       (B)   Present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.

     (iii)   The physical character and chemical composition of the residual waste contributes to the usefulness of the product, and nothing in the physical character or chemical composition of the waste interferes with the usefulness of the product.

 (c)  Revocation of determination. The determination under this section is automatically void, and the material is a waste, if the material is used in a manner inconsistent with the terms under which it was determined to no longer be a waste. The Department may revoke a determination under this section if the use of the material does not meet the requirements of this section.

Cross References

   This section cited in 25 Pa. Code §  287.1 (relating to definitions); 25 Pa. Code §  295.233 (relating to sale, utilization or disposal of compost); 25 Pa. Code §  298.10 (relating to applicability); and 25 Pa. Code §  298.20 (relating to applicability).



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