260.435. Definitions, sections 260.435 to 260.480--definition of hazardous waste not to include certain materials.

Definitions, sections 260.435 to 260.480--definition ofhazardous waste not to include certain materials.

260.435. The definitions set forth in section 260.360 shallapply to sections 260.435 to 260.480 and, in addition to suchdefinitions, the term "abandoned or uncontrolled" means anyproperty where hazardous waste has been illegally disposed of,or where hazardous waste was disposed of prior to regulationunder sections 260.350 to 260.430. However, the term "hazardouswaste" as used in sections 260.350 to 260.480 shall not include:

(1) Fly ash waste, bottom ash waste, slag waste and fluegas emission control waste generated primarily from thecombustion of coal or other fossil fuels;

(2) Solid waste from the extraction, beneficiation andprocessing of ores and minerals, including phosphate rock andoverburden from the mining of uranium ore; or

(3) Cement kiln dust waste; unless any such waste becomessubject to regulation under the Federal Hazardous WasteManagement Act, then such waste excluded under this sectionshall be subject to regulation under this act*.

(L. 1983 H.B. 528)

Effective 6-27-83

*"This act" (H.B. 528, 1983) contained numerous sections. Consult Disposition of Sections table for a definitive listing.