Administrative Code

Virginia Administrative Code
9/25/2022

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.

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