Administrative Code

Virginia Administrative Code
10/5/2022

Part II. Legislative Authority and General Information

9VAC20-120-20. (Repealed.)

Historical Notes

Derived from VR672-40-01:1 § 2.1, eff. June 29, 1994; repealed, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-30. Purpose of regulations.

The purpose of these regulations is to establish standards and procedures pertaining to regulated medical waste management in this Commonwealth in order to protect the public health and public safety, and to enhance the environment and natural resources.

Statutory Authority

Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 2.2, eff. June 29, 1994.

9VAC20-120-40. Administration of regulations.

A. The Virginia Waste Management Board promulgates and enforces regulations that it deems necessary to protect the public health and safety, the environment, and natural resources.

B. The Virginia Waste Management Board and/or the director may enforce the provisions of this chapter utilizing all applicable procedures under the law.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 2.3, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-50. Applicability of regulations.

A. This chapter applies to all persons who manage regulated medical waste, own or operate regulated medical waste management facilities or allow regulated medical waste management facilities to be operated on their property in this Commonwealth, to those who seek approval to engage in these activities and to all persons who manage regulated medical wastes, except those specifically exempted or excluded elsewhere in this chapter.

B. All existing regulated medical waste management facilities must comply with this chapter.

C. By December 16, 2002, all permitted regulated medical waste management facilities will place in their operating record updated design and operation information in accordance with the requirements of 9VAC20-120-730.

D. All existing regulated medical waste management facilities in possession of a permit issued by the director are now deemed to be operating under the provisions of permit by rule. Any modification, transfer, violation or termination of the permit will be in accordance with the procedures specified for permit by rule.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 2.4, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-60. Severability.

A. The board intends that these regulations be severable, so that if any provision or part of these regulations is held invalid, unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of these regulations and their application.

B. This chapter supersedes and replaces all previous regulations of the Waste Management Board to the extent that those prior regulations conflict with the regulations presented here. Where there does not exist a conflict between the prior regulations and those presented here, no replacement shall be deemed to occur and the prior regulations shall remain. This chapter supersedes and replaces in their entirety the following previous rules of the board: "Infectious Waste Management Regulations," effective May 2, 1990; "Regulated Medical Waste Management Regulations," effective June 30, 1993; and "Regulated Medical Waste Management Regulations," effective June 29, 1994.

C. This chapter shall remain in effect unless amended, rescinded, or otherwise altered by the Virginia Waste Management Board. Where there appears to be a conflict between this chapter and other regulations adopted at a future date, and such future regulations do not specifically clarify this chapter, this chapter shall be controlling.

D. These regulations are completely separate from all federal or local governmental regulations.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 2.5, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-70. Relationship to other bodies of regulation.

A. The Solid Waste Management Regulations (9VAC20-81) address other requirements for regulated medical waste management. Any regulated medical waste management facility must also conform to any applicable sections of the solid waste management regulations issued by the board and any special solid waste management regulations such as those defining financial assurance requirements. If there is a conflict between the details of regulations here and the others, this chapter is controlling.

B. Regulated medical waste management facility must also comply with any applicable sections of the Hazardous Waste Management Regulations (9VAC20-60) issued by the department. If there is a conflict between the details of regulations here and the hazardous waste management regulations, the latter regulations are controlling.

C. Intrastate shipment of hazardous materials is subject to the Regulations Governing the Transportation of Hazardous Materials (9VAC20-110) of the department. If there is a conflict between the details of regulations here and the hazardous materials transportation regulations, the latter are controlling.

D. Generators of regulated medical waste and regulated medical waste management facilities may be subject to the general industry standard for occupational exposure to bloodborne pathogens in 16VAC25-90-1910.1030 (29 CFR 1910.1030).

E. Persons transporting regulated medical waste are subject to the federal hazardous material transportation requirements in 49 CFR 171 through 178.

F. If there is a conflict between the regulations here and adopted regulations of another agency of the Commonwealth, the provisions of these regulations are set aside to the extent necessary to allow compliance with the regulations of the other agency. If neither regulation controls, the more stringent standard applies.

G. Nothing here either precludes or enables a local governing body to adopt ordinances. Compliance with one body of regulation does not insure compliance with the other, and, normally, both bodies of regulation must be complied with fully.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 2.6, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002; Volume 27, Issue 22, eff. August 3, 2011.

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