Section 170. Exemptions from permitting

A. The holding of regulated medical waste on loading docks or areas designated for loading shall not require an on-site permit by rule or a permit under Part X (9VAC20-120-680 et seq.) of this chapter if:

1. The regulated medical wastes are packaged, marked, and labeled for transport in accordance with applicable requirements of subdivision 4 of 9VAC20-120-210.

2. The facility merely facilitates transportation and does not involve holding of regulated medical waste for more than 24 hours.

3. No more than 25% of the regulated medical waste at the loading dock is generated off-site.

4. While regulated medical waste is present, the area is secure from unauthorized access, and means are provided to prevent damage to the packaging by the elements or other factors.

B. Facilities generating 100 gallons per week or more of regulated medical waste shall not be required to hold an on-site permit by rule for storage or a permit for storage under Part X of this chapter if:

1. A designated storage area is provided for all areas of the facility accumulating in excess of 200 gallons of regulated medical waste. Designated storage areas shall meet the special requirements for storage facilities in Part V (9VAC20-120-330 et seq.) of this chapter.

2. All regulated medical waste stored in a designated storage area is properly packaged in accordance with the provisions of 9VAC20-120-210 and labeled in accordance with the provisions of 9VAC20-120-220.

3. While regulated medical waste is in storage, the first date the RMW is placed in storage is affixed to the outer packaging.

4. No more than 25% of the regulated medical waste received at the facility is generated off-site.

5. Regulated medical waste is not treated on-site.

C. Facilities generating less than 100 gallons per week of regulated medical waste shall not be required to hold an on-site permit by rule for storage or a permit for storage under Part X of this chapter or maintain records as required under 9VAC20-120-310 if:

1. Regulated medical waste is not held on-site in quantities greater than 200 gallons.

2. Regulated medical waste is accumulated and held in a safe and secure manner ensuring the waste cannot spill, or contact workers or the general public.

3. When regulated medical waste is ready to be discarded, the generator complies with the provisions for loading docks or areas designated for loading in 9VAC20-120-170 A.

4. Regulated medical waste is not treated on-site.

D. If a facility does not meet the above requirements for the storage of regulated medical waste, that facility is required to obtain an on-site permit by rule for on-site storage in accordance with the provisions of 9VAC20-120-180.

Historical Notes

Derived from VR672-40-01:1 § 4.2, eff. June 29, 1994; amended, Volume 18, Issue 18, eff. June 19, 2002.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.