The Department shall use the following criteria when determining whether equipment shall be certified as resource recovery equipment.
    (1) Resource recovery equipment includes all equipment or machinery exclusively and integrally used in the actual process of recovering material or energy resources from solid waste. Resource recovery equipment does not include:
    (a) An article of equipment being used for purposes other than resource recovery, even though such equipment is also used in the resource recovery process.
    (b) Land or buildings. A building includes the walls, roof, ceiling, floor, and all other necessary supporting structures to enclose an area. However, extraordinary foundations and structural members used exclusively for the support of resource recovery equipment shall be considered resource recovery equipment. Buildings or structures that are integral to the process shall be considered resource recovery equipment if they:
    1. Function as pollution control equipment as required by any Federal or State regulations, or
    2. Are used for storage of waste or processed material in lieu of the use of storage equipment such as tanks, silos, or bins.
    (c) Equipment used to transport materials or energy resources recovered from solid waste from the site where the recovery process takes place.
Energy resources recovered from solid wastes may include refuse-derived fuel, gas or liquid fuel derived from solid waste, heat or steam derived from solid waste or electricity derived from solid waste.
    (2) Resource recovery equipment shall be unit that by itself provides a significant function in the resource recovery process. Examples of such equipment include conveyors, pumps, and fans. The Department shall not certify spare parts or maintenance items of resource recovery or recycling equipment such as nuts, bolts, and drive belts.
    (3) Resource recovery equipment may include fixed pieces of equipment exclusively and integrally used in the actual process of recovering material or energy resources from solid waste. Examples of such equipment include bridge cranes and fixed storage bins.
    (4) Resource recovery equipment need not be specifically designed for the resource recovery or recycling process.
Rulemaking Authority 403.704 FS. Law Implemented 212.08(7)(q), 403.715 FS. History-New 5-24-79, Formerly 17-7.44, 17-7.440, Amended 8-14-90, Formerly 17-704.420, Amended 11-15-09.