Administrative Code

Virginia Administrative Code
10/6/2022

Part III. Identification and Listing of Regulated Medical Wastes

Article 1
General

9VAC20-120-80. Purpose and scope.

Article 1
General

A. This part contains general provisions in 9VAC20-120-80 and 9VAC20-120-90, provisions for recycling of regulated medical wastes in 9VAC20-120-100, provisions for conditional exemption from regulation in 9VAC20-120-110, a description of persons exempt in all or in part from the regulations in 9VAC20-120-120, a description of waste and materials excluded from consideration in these regulations in 9VAC20-120-130, and the definition of regulated medical waste in 9VAC20-120-140 and 9VAC20-120-150.

B. Wastes identified in this part are regulated medical wastes and are subject to this chapter, the Virginia Regulated Medical Waste Management Regulations.

C. The basic definition of solid waste appears in 9VAC20-120-10 along with other pertinent definitions and shall be referred to for the exact meaning of the terms used. Additional detailed descriptions of regulated medical wastes, exclusions and listings required to arrive at the proper classification of wastes are the subject of this part.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 3.1, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-90. Materials rendered nonregulated.

Wastes that were once regulated and managed in accord with this chapter, and that are no longer regulated medical waste, shall be managed in accordance with such other regulations of the board that apply.

1. Packaging. Treated waste that was once regulated, but is no longer regulated medical waste, shall not be packaged as regulated medical waste. Solid waste packaged as regulated medical waste is regulated medical waste.

2. Recordkeeping. If the solid waste is no longer regulated medical waste because of treatment, the generator and the permitted facility shall maintain a record of the treatment for three years after treatment to include the date and type of treatment, type and amount of regulated medical waste treated, and the individual operating the treatment unit. Records for on-site treatment and shipping papers from commercial carriers for off-site treatment shall be maintained by the generator. Records for off-site treatment and shipping papers for off-site treatment shall be maintained by all permitted facilities. Generators or permitted facilities with more than one unit may maintain a centralized system of recordkeeping. All records shall be available for review by the department upon request.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 3.2, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-100. Recycled materials.

A. Untreated regulated medical wastes shall not be used, reused, or reclaimed.

B. Wastes that have been treated in accord with these regulations are no longer regulated medical waste and may be used, reused, or reclaimed in accordance with the provisions of the Solid Waste Management Regulations (9VAC20-81).

C. Bed linen, instruments, medical care equipment and other materials that are routinely reused for their original purpose are not subject to these regulations until they are discarded and are a solid waste. These items do not include reusable carts or other devices used in the management of regulated medical waste (see 9VAC20-120-260).

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 3.3, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002; Volume 27, Issue 22, eff. August 3, 2011.

9VAC20-120-110. Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation.

Respondents in actions to enforce this chapter who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that they meet the terms of the exclusion or exemption. In doing so, they shall provide appropriate documentation to demonstrate that the material is not a waste, or is exempt from regulation.

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 § 3.4, eff. June 29, 1994.

Article 2
Exemptions and Exclusions

9VAC20-120-120. Exemptions to the regulations.

Article 2
Exemptions and Exclusions

Exemptions to this chapter include:

1. Composting of sewage sludge at the sewage treatment plant of generation and not involving other solid wastes.

2. Land application of wastes regulated by the State Board of Health, the State Water Control Board, the Virginia Department of Agriculture and Consumer Services, or any other state agency with such authority.

3. Wastewater treatment or pretreatment facilities permitted by the State Water Control Board by a NPDES permit.

4. Management of hazardous waste as defined and controlled by the Virginia Hazardous Waste Management Regulations to the extent that any requirement of those regulations is in conflict with regulations here.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 3.5, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-130. 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.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

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

Article 3
Characteristics

9VAC20-120-140. Characteristics of regulated medical waste.

Article 3
Characteristics

A solid waste is a regulated medical waste if it meets either of the two criteria of this section:

1. Any solid waste, as defined in this chapter is a regulated medical waste if it is suspected by the health care professional in charge of being capable of producing an infectious disease in humans. A solid waste shall be considered to be capable of producing an infectious disease if it has been or is likely to have been contaminated by an organism likely to be pathogenic to healthy humans, such organism is not routinely and freely available in the community, and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a patient's illness is unknown, but the health care professional in charge suspects a contagious disease is the cause, the likelihood of pathogen transmission shall be assessed based on the pathogen suspected of being the cause of the illness.

2. Any solid waste that is not excluded from regulation is a regulated medical waste if it is listed in 9VAC20-120-150.

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 § 3.7, eff. June 29, 1994.

Article 4
Controlled Regulated Medical Wastes

9VAC20-120-150. Lists of controlled regulated medical wastes.

Article 4
Controlled Regulated Medical Wastes

In addition to wastes described by the characteristics set forth in 9VAC20-120-140, each solid waste or solid waste stream on the following lists is subject to this chapter, unless exempted in 9VAC20-120-120 or excluded in 9VAC20-120-130.

1. Cultures and stock of microorganisms and biologicals. Discarded cultures, stocks, specimens, vaccines and associated items likely to have been contaminated by them are regulated medical wastes if they are likely to contain organisms likely to be pathogenic to healthy humans. Discarded etiologic agents are regulated medical waste. Wastes from the production of biologicals and antibiotics likely to have been contaminated by organisms likely to be pathogenic to healthy humans are regulated medical wastes.

2. Human blood and human body fluids. Wastes consisting of human blood or human body fluids or items contaminated with human blood or human body fluids.

3. Tissues and other anatomical wastes. All human anatomical wastes and all wastes that are human tissues, organs, or body parts are regulated medical waste.

4. Sharps. Sharps likely to be contaminated with organisms that are pathogenic to healthy humans, and all needles, syringes with attached needles, suture needles, and scalpels are regulated medical wastes. This includes sharps generated through veterinary practice.

5. Animal carcasses, body parts, bedding and related wastes. When animals are intentionally infected with organisms likely to be pathogenic to healthy humans for the purposes of research, in vivo testing, production of biological materials or any other reason; the animal carcasses, body parts, bedding material and all other wastes likely to have been contaminated are regulated medical wastes when discarded, disposed of or placed in accumulated storage.

6. Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any regulated medical waste.

7. Any solid waste contaminated by or mixed with regulated medical waste.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 3.8, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

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