Chapter 11-261 of the state Department of Health’s administrative rules contains the language exempting H-POWER from regulation as a generator of hazardous waste, no matter what the characteristics of its ash may be. Section 11-261-4(b) describes “solid wastes which are not hazardous wastes.” Subparagraph one pertains to H-POWER, which is referred to in the DOH rule as a “resource recovery facility.”
What follows is the text of the H-POWER exemption:
(b) … The following solid wastes are not hazardous wastes:
(1) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derifed fuel) or reused. “Household waste” means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). A resource recovery facility managing municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under chapters 11-260 through 11-280 if such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources) and
(B) Solid waste from commercial or industrial sources that does not contain hazardous waste; and
(ii) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.
Volume 9, Number 10 April 1999