Section 130. Exclusions

A. Materials described in this section may be partially or totally excluded from these regulations because they are not solid waste, not regulated medical waste or are regulated medical waste the board excludes from this chapter.

B. The following materials are not solid wastes for the purposes of this part:

1. Domestic sewage, including wastes that are not stored and are disposed of in a sanitary sewer system (with or without grinding);

2. Any mixture of domestic sewage and other wastes that pass through a sewer system to a wastewater treatment works permitted by the State Water Control Board or the State Department of Health;

3. Human remains under the control of a licensed physician or dentist, when the remains are being used or examined for medical purposes and are not solid wastes;

4. Human remains properly interred in a cemetery or in preparation by a licensed funeral director or embalmer for such interment or cremation; and

5. Dead or diseased animals subject to regulation by the Virginia Department of Agriculture and Consumer Services.

C. The following solid wastes are not regulated medical wastes:

1. Meat or other food items being discarded because of spoilage or contamination, and not included in 9VAC20-120-150.

2. Garbage, trash, and sanitary waste from septic tanks and sewage holding tanks that has been generated at any of the following locations: single or multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campground, picnic grounds and day-use recreation areas, except for regulated medical waste resulting from the provision of professional health care services on the premises, provided that all medical sharps discarded at those locations are placed in an opaque container with a high degree of puncture resistance and labeled "do not recycle, medical sharps" or otherwise managed in accordance with a local "safe sharps" program before being mixed with other wastes or disposed.

3. Used products for personal hygiene, such as diapers, facial tissues and sanitary napkins, underpads and adult incontinence products, unless a health care professional has determined these items to be regulated medical wastes in accordance with 9VAC20-120-140.

4. The following discarded items, when they are empty: urine collection bags and tubing, suction canisters and tubing, IV solution bags and tubing, colostomy bags, ileostomy bags, urostomy bags, plastic fluid containers, enteral feeding containers and tubing, hemovacs, and urine specimen cups, unless the items are subject to regulation under 16VAC25-90-1910.1030 (29 CFR 1910.1030) or comparable state or federal standard.

5. The following discarded items: urinary catheters, suction catheters, plastic cannula, IV spikes, nasogastic tubes, oxygen tubing and cannula, ventilator tubing, enema bags and tubing, enema bottles, thermometer probe covers, irrigating feeding syringes, and bedpans/urinals, unless the items are subject to regulation under 16VAC25-90-1910.1030 (29 CFR 1910.1030) or comparable state or federal standard.

6. Items such as bandages, gauze, or cotton swabs or other similar absorbent materials unless at any time following use they are saturated or would release human blood or human body fluids in a liquid or semiliquid state if compressed. Items that contain or that are caked with dried human blood or human body fluids and are capable of releasing these materials during handling are regulated medical waste. An item would be considered caked if it could release flakes or particles when handled.

Historical Notes

Derived from VR672-40-01:1 § 3.6, eff. June 29, 1994; amended, Volume 18, Issue 18, eff. June 19, 2002.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.