Section 180. Persons qualifying for an on-site permit by rule

Qualifying facilities are deemed to operate under a permit for regulated medical waste management activities and their owners or operators are not required to comply with the permit issuance procedures of Part X (9VAC20-120-680 et seq.) of this chapter. While persons who own or operate qualifying facilities are not subject to Part X or required to have a written permit from the department for those qualifying facilities, they are subject to this chapter and all other parts thereof. If a person owns or operates a regulated medical waste management unit that does not qualify for an on-site permit by rule, that person must comply with Part X and all other parts of this chapter for those units, without regard to the presence of any other units on the site that are operated under a permit by rule. Only those units that are in complete compliance with all the following conditions are qualified and considered to be under an on-site permit by rule for their operation, and no on-site permit by rule shall exist for a facility failing to fulfill any of the following conditions:

1. The facility and all regulated medical waste activities are in compliance with all parts of this chapter except Part X.

2. More than 75% (by weight, in a calendar year) of all regulated medical waste that is stored, treated or disposed of by the facility is generated on-site.

3. No regulated medical waste is transported from or received by the facility without being properly packaged and labeled in accordance with this chapter. Facilities storing regulated medical waste will indicate the first date that the waste was placed in storage date on the outer packaging of the regulated medical waste.

4. The activities at the facility do not involve the placing of regulated medical waste directly into or on the land.

5. The owner or operator of the facility has notified the director in writing that the facility is operating under an on-site permit by rule. The notice shall give the name of the facility; the mailing address of the facility; the location address of the facility; the type of business the facility serves; the type of facilities (treatment, storage, transportation, disposal) involving regulated medical waste; and the name, address and telephone number of the responsible party indicated on the disclosure statement as required in subdivision 7 of this section.

6. The owner or operator of the facility has submitted to the director a certification from the local governing body (city, county, or town in which the facility is to be located) stating, without qualifications, conditions, or reservations, that the location and operation of the facility are consistent with all applicable ordinances.

7. The owner or operator of the facility has submitted to the director appropriate Key Personnel Disclosure Statements.

8. The facility will be operated by an individual certified by the Board of Waste Management Facility Operators.

Historical Notes

Derived from VR672-40-01:1 § 4.3, eff. June 29, 1994; amended, Volume 18, Issue 18, eff. June 19, 2002.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.