Question 2: Is the waste excluded or exempted?
Even though some materials could be considered wastes by answering the first question, they are specifically defined as not a waste by statute or regulation so the materials are excluded from the definition of a waste. Therefore, these materials are excluded from the definition of a waste and are still considered "materials." Once we are sure the material is a waste, we need to ask whether the waste is excluded or exempted.
Question 2 swf
This question has these three possible answers:
The waste is not a waste
The waste is a waste
The waste is a hazardous waste
The answer you arrive at depends on the statutes and regulations.
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