Administrative Code

Virginia Administrative Code
9/25/2022

Article 1. Permits and on-Site Permits by Rule

9VAC20-120-160. Permit required.

Article 1
Permits and On-site Permits by Rule

No person who is subject to this chapter shall treat, store, or dispose of regulated medical waste without a permit from the department to engage in those activities. Any person required to have a permit for the management of regulated medical waste shall submit an application for a permit in accord with Part X (9VAC20-120-680 et seq.) of this chapter, with the exception that certain facilities deemed to have an on-site permit by rule in accordance with 9VAC20-120-180.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 4.1, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-170. Exemptions from permitting.

A. The holding of regulated medical waste on loading docks or areas designated for loading shall not require an on-site permit by rule or a permit under Part X (9VAC20-120-680 et seq.) of this chapter if:

1. The regulated medical wastes are packaged, marked, and labeled for transport in accordance with applicable requirements of subdivision 4 of 9VAC20-120-210.

2. The facility merely facilitates transportation and does not involve holding of regulated medical waste for more than 24 hours.

3. No more than 25% of the regulated medical waste at the loading dock is generated off-site.

4. While regulated medical waste is present, the area is secure from unauthorized access, and means are provided to prevent damage to the packaging by the elements or other factors.

B. Facilities generating 100 gallons per week or more of regulated medical waste shall not be required to hold an on-site permit by rule for storage or a permit for storage under Part X of this chapter if:

1. A designated storage area is provided for all areas of the facility accumulating in excess of 200 gallons of regulated medical waste. Designated storage areas shall meet the special requirements for storage facilities in Part V (9VAC20-120-330 et seq.) of this chapter.

2. All regulated medical waste stored in a designated storage area is properly packaged in accordance with the provisions of 9VAC20-120-210 and labeled in accordance with the provisions of 9VAC20-120-220.

3. While regulated medical waste is in storage, the first date the RMW is placed in storage is affixed to the outer packaging.

4. No more than 25% of the regulated medical waste received at the facility is generated off-site.

5. Regulated medical waste is not treated on-site.

C. Facilities generating less than 100 gallons per week of regulated medical waste shall not be required to hold an on-site permit by rule for storage or a permit for storage under Part X of this chapter or maintain records as required under 9VAC20-120-310 if:

1. Regulated medical waste is not held on-site in quantities greater than 200 gallons.

2. Regulated medical waste is accumulated and held in a safe and secure manner ensuring the waste cannot spill, or contact workers or the general public.

3. When regulated medical waste is ready to be discarded, the generator complies with the provisions for loading docks or areas designated for loading in 9VAC20-120-170 A.

4. Regulated medical waste is not treated on-site.

D. If a facility does not meet the above requirements for the storage of regulated medical waste, that facility is required to obtain an on-site permit by rule for on-site storage in accordance with the provisions of 9VAC20-120-180.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 4.2, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-180. 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.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

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

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