Section 25121.5 Of Article 2. Definitions From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 2.
25121.5
. (a) "Retrograde material" means any hazardous material
which is not to be used, sold, or distributed for use in an
originally intended or prescribed manner or for an originally
intended or prescribed purpose and which meets any one or more of the
following criteria:
(1) Has undergone chemical, biochemical, physical, or other
changes due to the passage of time or the environmental conditions
under which it was stored.
(2) Has exceeded a specified or recommended shelf life.
(3) Is banned by law, regulation, ordinance, or decree.
(4) Cannot be used for reasons of economics, health or safety, or
environmental hazard.
(b) "Retrograde material" does not include material designated in
regulations adopted by the department as included in a category which
the department shall title "Discarded commercial chemical products,
off-specification species, container residues, and spill residues
thereof", if either of the following conditions is met:
(1) The material is used in a manner constituting disposal and the
material is not normally used in a manner constituting disposal.
(2) The material is burned for energy recovery and the material is
not normally burned for energy recovery.