Applicability to recyclable materials used in a manner constituting disposal

1. Sections 33.1-24-05-201 through 33.1-24-05-209 apply to recyclable materials that are applied to or placed on the land: a. Without mixing with any other substances; or b. After mixing or combination with any other substances. These materials will be referred to throughout sections 33.1-24-05-201 through 33.1-24-05-209 as "materials used in a manner that constitutes disposal". 2. Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in sections 33.1-24-05-280 through 33.1-24-05-289 (or applicable prohibition levels in section 33.1-24-05-272 or Resource Conservation and Recovery Act section 3004(d), where no treatment standards have been established) for each recyclable material (for example, hazardous waste) that they contain, and the recycler complies with subdivision f of subsection 2 of section 33.1-24-05-256. 3. Antiskid or deicing uses of slags, which are generated from high temperature metals recovery processing of hazardous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in subsection 2 and remain subject to regulation. 4. Fertilizers that contain recyclable materials are not subject to regulation provided that: a. They are zinc fertilizers excluded from the definition of solid waste according to subdivision u of subsection 1 of section 33.1-24-02-04; or b. They meet the applicable treatment standards in sections 33.1-24-05-280 through 33.1-24-05-289 for each hazardous waste they contain.