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3110/2015 <br />eCFR —Code of Federal Regulations <br />ELECTRONIC CODE OF FEDERAL REGULATIONS <br />e -CFR Data is current as of March 6, 2015 <br />Title 40 --+ Chapter I — Subchapter I ---> Part 261 --> Subpart A §261.4 <br />Title 40: Protection of Environment <br />PART 261— IDENTIFICATION AND LISTING OF HAZARDOUS WASTE <br />Subpart A— General <br />§261.4 Exclusions. <br />Link to an amendment published at 80 FR 1774, January 13, 2015. <br />(a) Materials which are not solid wastes. The following materials are not solid wastes for the <br />purpose of this part: <br />(1)(i) Domestic sewage; and <br />(ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a <br />publicly -owned treatment works for treatment. "Domestic sewage" means untreated sanitary wastes that <br />pass through a sewer system. <br />(2) Industrial wastewater discharges that are point source discharges subject to regulation under <br />section 402 of the Clean Water Act, as amended. <br />[Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial <br />wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that <br />are generated by industrial wastewater treatment.] <br />(3) Irrigation return flows. <br />(4) Source, special nuclear or by- product material as defined by the Atomic Energy Act of 1954, as <br />amended, 42 U.S.C. 2011 et seq. <br />(5) Materials subjected to in -situ mining techniques which are not removed from the ground as part <br />of the extraction process. <br />(6) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then <br />reused in the pulping process, unless it is accumulated speculatively as defined in §261.1(c) of this <br />chapter. <br />(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as <br />defined in §261.1(c) of this chapter. <br />(8) Secondary materials that are reclaimed and returned to the original process or processes in <br />which they were generated where they are reused in the production process provided: <br />(i) Only tank storage is involved, and the entire process through completion of reclamation is closed <br />by being entirely connected with pipes or other comparable enclosed means of conveyance; <br />(ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial <br />file: / / /C:/Users! c/Dowrdoadsl Code% 20of %20Federal %20Regdations %20Tite %2040, %20Secton %20261.4.htm I <br />1123 <br />