Section 25116.5 Of Article 2. Definitions From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 2.
25116.5
. (a) "Intermediate manufacturing process stream" means a
material, or combination of materials, that meets all of the
following conditions:
(1) It is produced as part of the manufacturing process.
(2) It is used onsite on a batch or continuous basis, in either
the same or in a different manufacturing process to produce a
commercial product.
(3) It is not a recyclable material.
(4) The person who produced the material or combination of
materials is able to demonstrate all of the following:
(A) The material, or combination of materials, is used, alone or
in combination with other materials, in a manufacturing process that
is designed for its use.
(B) The material, or combination of materials, is not accumulated
or stored in amounts greater than can be used in the manufacturing
process.
(C) The material, or combination of materials, is not handled,
stored, or processed in a manner that is inconsistent with its
intended use or the operating requirements of the manufacturing
process.
(D) The material, or combination of materials, is not burned or
incinerated for the purpose of abandoning or relinquishing the
material or combination of materials, except as may otherwise be
allowed under both this chapter and the federal act.
(b) Notwithstanding subdivision (a), a material is not an
intermediate manufacturing process stream if it has been released in
violation of this chapter, or any other applicable law, or an order
issued pursuant to this chapter or other applicable law, unless it
has been released into an appropriate containment area or structure
and has been promptly recovered and returned to the manufacturing
process, without prior treatment, for use in the originally intended
manufacturing process.