N.J. Admin. Code § 7:26-3A.17

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26-3A.17 - Exemptions

(a) Generators of less than three cubic feet (50 pounds) of regulated medical waste per month that transport only their own regulated medical waste and home self-care medical waste to another generator for storage or disposal are exempt from the requirements of N.J.A.C. 7:26-3A.16(d) and the requirements of N.J.A.C. 7:26- 3A.27(c). The generator shall meet the following conditions:

1. The regulated medical waste is transported by the generator (or the generator's authorized employee) in a vehicle with a gross weight of less than 8,000 pounds that is owned by the generator, the same operator as the generator at that site or the same operator's or generator's authorized employee;

2. The original generation point and the storage point or disposal facility are located in New Jersey; and

3. The generator complies with the requirements of N.J.A.C. 7:26-3A.19.

(b) Generators that transport by the U.S. Postal Service regulated medical waste, Classes 4 and 7 as defined at N.J.A.C. 7:26-3A.6, are exempt from the requirements of N.J.A.C. 7:26-3A.16(d) if the generator generates less than three cubic feet (50 pounds) of regulated medical waste per month and ships less than three cubic feet (50 pounds) of regulated medical waste per shipment. The generator shall meet the following conditions:

1. The package shall be sent registered or certified mail, return receipt requested (indicating the person to which the package is sent, signature of sender, date, and address where delivered) or Priority Mail;

2. The generator shall retain the original mailing receipt and the returned registered or certified mail receipt, or in the case of Priority Mail, a hard copy of the electronic delivery confirmation (containing at a minimum the name, address, city, state, and zip code of the facility as well as the date of delivery and the amount of RMW delivered) attached to the generator copy of the tracking form; and

3. The generator shall comply with the requirements of N.J.A.C. 7:26-3A.19.

(c) Generators of less than 500 pounds of regulated medical waste per year, excluding blood and body fluids disposed of in a municipal sewer system in accordance with N.J.A.C. 7:26-3A.16(b), are exempt from the tracking requirements of N.J.A.C. 7:26-3A.19 provided:

1. Such generators generate regulated medical waste within the boundaries of a medical care room operated by another registered generator generating regulated medical waste in the ordinary course of business, such as a doctor or hospital; and

2. Each generator using the medical care room has a written agreement with the operator of the medical care room providing that such operator will dispose of the generator's regulated medical waste according to the requirements of this subchapter.

(d) A generator that collects regulated medical waste from other generators, in the same building or in other buildings on the generator's property or on contiguous property owned by the generator not divided by public roads, is exempt from the requirements of N.J.A.C. 7:26-3A.16(d) provided:

1. The generator collecting the regulated medical waste is registered as a collection facility, intermediate handler or destination facility;

2. The generator or its employee collects the regulated medical waste;

3. All the regulated medical waste is managed in compliance with this subchapter at all times; and

4. The collected regulated medical waste is not transported on public roads.

(e) A generator that generates regulated medical waste at a temporary facility operating less often than 15 days each year is exempt from the registration requirement of N.J.A.C. 7:26-3A.8(d) provided:

1. The generator maintains a permanent registered regulated medical waste generator facility; and

2. The generator transports the regulated medical waste from the temporary facility to the generator's permanent facility at the end of each working day for management as a regulated medical waste in accordance with this subchapter.

(f) Noncommercial collection facilities operating in accordance with N.J.A.C. 7:26-3A.39(b) and that collect less than 2,000 pounds of RMW per year are exempt from registration with the Department as a noncommercial collection facility. Noncommercial collection facilities collecting less than 2,000 pounds of regulated medical waste per year are also exempt from annual fees for collection facilities listed at N.J.A.C. 7:26-3A.8(d).

N.J. Admin. Code § 7:26-3A.17

Administrative Correction in (a).
See: 23 New Jersey Register 3138(a).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
Specified the weight of three cubic feet throughout; in (a), inserted reference to home self-care medical waste; in (b)1 and (b)2, inserted reference to certified mail; in (b)3 amended N.J.A.C. reference; and added (c) and (d).
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
In (b)1, inserted "or Priority Mail" preceding punctuation; rewrote (b)2; added (f).