CHAPTER 11.5. SECONDARY MATERIAL EXEMPTION

IC 13-22-11.5
    Chapter 11.5. Secondary Material Exemption

IC 13-22-11.5-1
Construction of chapter
    Sec. 1. This chapter may not be construed:
        (1) as allowing a person to exercise less than reasonableprecautions in the handling of hazardous secondary materials;or
        (2) to be less stringent than federal law.
As added by P.L.45-1997, SEC.21.

IC 13-22-11.5-2
Secondary material not a solid waste
    Sec. 2. A secondary material that is not a solid waste as definedunder 40 CFR 261.2(e) or is legitimately utilized in an industrial ormanufacturing process, except reclamation, with no significantincrease in the threat it poses to health or the environment, is not asolid waste.
As added by P.L.45-1997, SEC.21. Amended by P.L.128-1997,SEC.8.

IC 13-22-11.5-3
Residue of utilization of secondary material not exempt; statusdetermination
    Sec. 3. A residue of the utilization of a secondary material thatdoes not itself qualify as an exempt secondary material is subject toa new determination as to its status as a hazardous waste, and, iflisted under IC 13-22-2-3(b), does not retain the listing of thesecondary material from which it may have been derived.
As added by P.L.45-1997, SEC.21.

IC 13-22-11.5-4
Written recognition of secondary material
    Sec. 4. A person may request the commissioner to acknowledgein writing the recognition of a secondary material exemption underthis chapter. The commissioner shall respond to the request not laterthan ninety (90) days after the request is received.
As added by P.L.45-1997, SEC.21.

IC 13-22-11.5-5
Effect of exemption on other exemptions from regulations
    Sec. 5. The exemption from regulation provided in this chapter isin addition to any other exemption from regulation as a solid wasteprovided in rules adopted by the board.
As added by P.L.45-1997, SEC.21. Amended by P.L.2-1998, SEC.53.