Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 121. Regulated Medical Waste Management Regulations

9VAC20-121-40. Applicability.

A. This chapter applies (i) to all persons who generate or transport, store, transfer, process, treat, dispose, or otherwise manage regulated medical waste; own or operate a regulated medical waste management facility; or allow a regulated medical waste management facility to be operated on their property in the Commonwealth of Virginia; and (ii) to those who seek approval to engage in these activities, except those specifically exempted or excluded elsewhere in this chapter. A "person" may include an individual, firm, company, corporation, partnership, association, state or federal government and any agency thereof, municipality, commission, political subdivision of a state, or any interstate body.

B. All existing regulated medical waste management facilities must comply with this chapter. Existing facilities, including those with an existing permit, must submit updated permit application documents by September 15, 2024, to come into compliance with this chapter. If the updated application includes changes that result in a different type of facility as outlined in 9VAC20-121-300 C 2, a complete permit-by-rule application shall be required. Existing facilities that only make changes to come into compliance with the regulations shall submit the following updated documents, as applicable, in accordance with 9VAC20-121-310:

1. DEQ Form RMW PBR;

2. Disclosure statements (DEQ Form DISC-01 and DISC-02), if changes in key personnel;

3. Design and construction certification by a professional engineer, in accordance with 9VAC20-121 310 A 2 c;

4. Design plans in accordance with 9VAC20-121-310 A 2 d;

5. Facility standards certification and a copy of the Regulated Medical Waste Management Plan in accordance with 9VAC20-121-310 A 2 f;

6. Treatment Plan in accordance with 9VAC20-121-310 A 2 h and i, respectively;

7. Closure Plan and closure cost estimate, in accordance with 9VAC20-121-310 A 2 j and m;

8. Certification from the State Corporation Commission, in accordance with 9VAC20-121-310 A 2 l, if not previously provided; and

9. Applicable permit fee in accordance with 9VAC20-121-310 A 2 n.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 257.

Historical Notes

Derived from Virginia Register Volume 39, Issue 13, eff. March 15, 2023.

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