Nonwaste determinations and variances from classification as a solid waste

In accordance with the standards and criteria in sections 33.1-24-01-10 and 33.1-24-01-17 and the procedures in section 33.1-24-01-12, the department may determine on a case-by-case basis the following recycled materials are not solid wastes: 1. Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in subdivision h of subsection 3 of section 33.1-24-02-01); 2. Materials that are reclaimed and then reused within the original production process in which they were generated; 3. Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered; 4. Hazardous secondary materials that are reclaimed in a continuous industrial process; 5. Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.