R 299.4119 The approval of site and source-separated materials not listed in the act.

 (_{Effective October 7, 1993; revised April 12, 1999)}

Rule119. 

            (1)  Except as specified in subrule (2) of this rule, the director shall approve materials that are not specified in the act as site or source separated material if the person who seeks the exemption demonstrates that the materials will not violate subrule (2) of this rule and that they can be converted into raw materials or new products by any of the following means:

                        (a)  By being returned to the original process from which they were generated.

                        (b)  By being used or reused as ingredients in an industrial process to make a product.

                        (c)  By being used or reused as effective substitutes for commercial products.

            (2)  For purposes of the act and these rules, waste materials shall not be considered site or source separated for the purpose of conversion into raw materials or new products if the materials are any of the following:

                        (a)  Stored in a manner constituting speculative accumulation.

                        (b)  Mixed with other material so that the waste materials cannot be converted into raw materials or new products without processing to remove the other material.

                        (c)  Applied to or placed on the land, or used to produce products that are placed on the land, in a manner that constitutes disposal, unless the materials are any of the following:

                                    (i)  Yard clippings that are separated for conversion into compost in accordance with R 299.4120.

                                    (ii)  Waste other than yard clippings approved for use as compost under R 299.4121.

                                    (iii)  Nondetrimental materials that are applied to the land in accordance with a plan approved under R 299.4111.

                                    (iv)  Inert materials that are specified in R 299.4114 to R 299.4117.

                                    (v)  Other materials approved pursuant to this rule.

                        (d)  Injurious to human health or the environment or materials which will create a nuisance during storage or use.

            (3)  All of the following shall be considered source-separated material if the criteria of subrule (2) of this rule are met:

                        (a)  Utility poles or pole segments reused as poles, posts, or similar uses.

                        (b)  Railroad ties reused in landscaping, embankments, or similar uses.

                        (c)  Any of the following, when used to stabilize, solidify, or otherwise treat waste at a site of environmental contamination or at a facility licensed under part 111 or part 115 of the act:

                                    (i)  Cement kiln dust.

                                    (ii)  Lime kiln dust.

                                    (iii)  Water softening limes.

                                    (iv)  Sugar beet limes.

                                    (v)  Coal flyash.

                                    (vi)  Wood ash.

                                    (vii)  Other material approved by the director.