Section 335.18 - Non-Waste Determinations and Variances from Classification as a Solid Waste(a) In accordance with the standards and criteria in § 335.19 of this title (relating to Standards and Criteria for Variances from Classification as a Solid Waste) and § 335.32 of this title (relating to Standards and Criteria for Non-Waste Determinations), and in accordance with the procedures in § 335.21 of this title (relating to Procedures for Variances from Classification as a Solid Waste or To Be Classified as a Boiler or for Non-Waste Determinations) the executive director may determine on a case-by-case basis that the following recyclable materials and nonhazardous recyclable materials are not solid wastes: (1) materials that are accumulated speculatively without sufficient amounts being recycled (as defined in § 335.17 of this title (relating to Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials));(2) materials that are reclaimed and then reused within the original production process in which they were generated;(3) materials that have been reclaimed but must be reclaimed further before the materials are completely recovered;(4) hazardous secondary materials that are reclaimed in a continuous industrial process; or(5) hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.(b) Other portions of this chapter that relate to solid wastes that are recycled include § 335.1 of this title (relating to Definitions), under the definition of "Solid waste," § 335.6 of this title (relating to Notification Requirements), § 335.17 of this title, § 335.19 of this title, § 335.20 of this title (relating to Variance To Be Classified as a Boiler), § 335.21 of this title, § 335.22 of this title (relating to Additional Regulation of Certain Hazardous Waste Recycling Activities on a Case-by-Case Basis), § 335.23 of this title (relating to Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities), § 335.24 of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials), Subchapter H of this chapter (relating to Standards for the Management of Specific Wastes and Specific Types of Facilities), and Subchapter V of this title (relating to Standards for Reclamation of Hazardous Secondary Materials).30 Tex. Admin. Code § 335.18
The provisions of this §335.18 adopted to be effective May 29, 1986, 11 TexReg 2335; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective October 19, 1998, 23 TexReg 10878; Amended by Texas Register, Volume 41, Number 24, June 10, 2016, TexReg 4271, eff. 6/16/2016; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0337, eff. 2/3/2022