The commission may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in §335.24(b)(3) of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials) should be regulated under §335.24(d)-(f) of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials). The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. The procedures for this decision are set forth in §335.23 of this title (relating to Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities). In making this decision, the commission will consider the following factors:
  (1) the types of materials accumulated or stored and the amounts accumulated or stored;
  (2) the method of accumulation or storage;
  (3) the length of time the materials have been accumulated or stored before being reclaimed;
  (4) whether any contaminants are being released into the environment, or are likely to be so released; and
  (5) other relevant factors.

Source Note: The provisions of this §335.22 adopted to be effective May 28, 1986, 11 TexReg 2335; amended to be effective September 1, 1986, 11 TexReg 3692; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective November 20, 1996, 21 TexReg 10983.