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The required definition of a solid waste is not based on the type and/or physical of the material, but on the fact that the material is surely a waste. RCRA §1004 (27) defines solid waste as:
Any type of waste, refuse, sludge from a wasted-water treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations and from community activities.
RCRA defines the solid waste as a material that is discarded by being abandoned, inherently waste-like, recycled, or a military munition identified as a solid waste.
ABANDONED
The term abandoned means discard in a simple way. Under §261.2(b), a material is abandoned if it is disposed of, fire, or incinerated. In addition, a material that is stored prior to, or in lieu of in any one of these activities, is also considered to be abandoned. In addition to obvious examples of abandonment, such as land disposal/burial, EPA also includes activities such as incineration within the definition of the term (50 FR 627; January 4, 1985).
NHERENTLY WASTE-LIKE
Some materials are always considered solid wastes under §261.2(d), even if they are recycled in some manner (i.e., they are considered to be inherently waste-like). Because these materials may be dangerous to human health and the environment when they are recycled, they do not qualify for any exemption of recycle. Examples of inherently waste-like materials are the dioxin-containing listed wastes F020, F022, F023, F026 and F028. Dangerous waste meeting the F021 listing is also considered inherently waste-like unless it is used at the site of generation as an ingredient in a product. Also, any secondary materials that are characteristic or listed dangerous wastes are considered to be breath-in waste-like when they are fed to a halogen acid furnace. This provision was added to ensure that halogen acid furnaces burn some of the most toxic wastes generated in the US, adulated when burning any type of hazardous waste (56 FR 7141; February 21, 1991).
RECYCLING
A material is recycled if it is being used, been reused, or being reclaimed (§261. 1 (c) (7)). These three terms have specific regulatory definitions. A material is reclaimed if it is processed to recover a usable product or if it is regenerated (e.g., regeneration of spent solvents) (§261.1(c)(4)).
MILITARY MUNITIONS
On February 12, 1997, EPA finalized a rule that specified when unused and used military munitions are considered discarded and become solid wastes (62 FR 6622). Military munitions that are not using become solid wastes when the munitions are removed from contain unit for disposal or treatment prior to disposal; when the munitions are leaking or rot, so that they cannot be recycled or reused; or when declared a solid waste by an appointed military official. New and/or unused munitions that are fixed, recycle, or reclaimed, are not considered solid wastes, nor are they counted as solid wastes while in storage in demilitarization accounts . It applies as solid waste when munitions are finally removed from storage for the purposes of disposal do they become solid wastes.
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