COLJI-Crim. F:167.5

“Hazardous waste” means any waste or other material, alone, mixed

with, or in combination with other wastes or materials, which because of its

quantity, concentration, or physical or chemical characteristics: causes, or

significantly contributes to, an increase in mortality or an increase in

serious irreversible, or incapacitating reversible, illness; or poses a

substantial present or potential hazard to human health or the environment

when improperly treated, stored, transported, or disposed of, or otherwise

improperly managed.

“Hazardous waste” also means any waste or other material [insert

definition of the relevant hazardous waste from the rules and regulations

promulgated pursuant to the federal “Solid Waste Disposal Act” (42 U.S.C.

3251 et seq.), as amended by the federal “Resource Conservation and

Recovery Act of 1976,” as amended (42 U.S.C. 6905, 6912(a), 6921–6927,

6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts

122-124 and 260–265 on July 1, 1981].

“Hazardous waste” does not include: discharges which are [insert

definition of relevant point source(s) subject to permits under section 402 of

the “Federal Water Pollution Control Act,” as amended]; [insert definition

of relevant source, special nuclear, or byproduct material as defined by the

federal “Atomic Energy Act of 1954,” as amended]; agricultural waste;

domestic sewage which includes final use for beneficial purposes,

including fertilizer, soil conditioner, fuel, and livestock feed, of sludge from

wastewater treatment plants if such sludge meets all applicable standards

of the department; irrigation return flows; inert materials deposited for

construction fill or topsoil placement in connection with actual or

contemplated construction at such location or for changes in land contour

for agricultural purposes; or [insert definition of relevant waste or other

material exempted or otherwise not regulated as a hazardous waste in the

rules and regulations promulgated pursuant to the federal “Solid Waste

Disposal Act” (42 U.S.C. 3251 et seq.), as amended by the federal “Resource

Conservation and Recovery Act of 1976,” as amended (42 U.S.C. 6905,

6912(a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in

40 C.F.R. Parts 122-124 and 260–265 on July 1, 1981].