Rule 11-4-9.1 - General InformationA. Purpose, Scope and Applicability(1) As per Rule 1.1(B)(5) of the Mississippi Nonhazardous Solid Waste Management Regulations, the Mississippi Department of Environmental Quality may make determinations that allow for the beneficial use of eligible nonhazardous solid wastes in the state.(2) These regulations shall apply to any person, organization, industry, business, agency, or institution that intends to obtain, distribute and/or use an eligible solid waste or by-product for the purposes of beneficial use in a manner for which the material was not specifically manufactured.B. Exclusions (1) These regulations do not apply to the recovery of common residential or commercial recyclable materials such as steel, aluminum, plastic, glass, paper, cardboard, wood or other materials that are post-consumer materials or pre-consumer off-specification materials where such materials are processed and/or managed as recyclable commodities.(2) These regulations do not apply to compost materials developed in compliance with Rule 1.9 of the Mississippi Nonhazardous Waste Management Regulations.(3) These regulations do not apply to uses of solid wastes in beneficial fill activities as described in Rule 1.1(B)(6) of the Mississippi Nonhazardous Waste Management Regulations.(4) Hazardous wastes are excluded from consideration for beneficial use under these regulations as defined by the Mississippi Hazardous Waste Management Regulations and Subtitle C of the Federal Resource Conservation and Recovery Act. Furthermore, solid wastes or by-products proposed for beneficial use must be nonhazardous in the post-manufactured or generated state without first modifying or treating the by-product to render it nonhazardous.C. Definitions. The definitions provided herein are for the purposes of these requirements. All other relevant words for which no definition is provided by these requirements are used as defined by the Mississippi Nonhazardous Solid Waste Management Regulations. (1) "Application" means a written request to the Department for consideration of a by-product for a Beneficial Use Determination, submitted on forms provided by the Department with appropriate supporting documentation.(2) "Beneficial Use" means the legitimate use of a solid waste in the manufacture of a product or as a product, for construction, soil amendment or other purposes, where the solid waste replaces a natural or other resource material by its utilization.(3) "Beneficial Use Determination" means a written determination issued by the Mississippi Department of Environmental Quality to an applicant after review and approval of an application, to allow the legitimate beneficial use of a solid waste or by-product as a product.(4) "By-Product" means a solid waste material that is generated as a result of the manufacture of a primary product that, barring any form of alternate or beneficial use of that material, would otherwise be discarded at a landfill or other solid waste disposal facility.(5) "Department" means the Mississippi Department of Environmental Quality.(6) "Distributor or Supplier" means the person, organization or business engaged in the provision of a by-product to an end user.(7) "End user" means the person, organization or business that will utilize a by-product in a manner consistent with these regulations and with the conditions of a Beneficial Use Determination issued under these regulations.(8) "Generator" means the person, organization, business, industry, agency or institution whose daily activities or business results in the production of a byproduct.(9) "Putrescible Waste" means solid wastes, which are capable of being decomposed by micro-organisms with sufficient rapidity to cause nuisances from odors or gases.(10) "Solid waste" means any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).(11) "Standing Use Determination" means a Beneficial Use Determination approved by the Department for a specific by-product/use combination or for a category of by-product/use combinations that are contained or conducted in such a manner that does not offer potential for adverse environmental or public health impacts. Uses with standing determinations do not require a use specific application nor review and approval by the Department under these regulations.Miss. Code Ann. §§ 17-17-1, et seq., 17-17-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq., 49-17-1, et seq. and 49-31-1, et seq.