Current through Register Vol. XLI, No. 50, December 13, 2024
Section 64-56-3 - Definitions3.1. Animal Carcasses, Body Parts, Bedding and Related Wastes. -- Any animal carcasses, body parts, and bedding of animals that are known to have been exposed to infectious agents during research, production of biologicals, testing of pharmaceuticals, or for any other reason.3.2. Blood and Blood Products. -- Liquid waste human blood and blood products in a free-flowing or unabsorbed state.3.3. Commercial Infectious Medical Waste Management Facility. -- Any infectious medical waste management facility at which thirty-five per cent (35%) or more by weight of the total infectious medical waste stored, treated, or disposed of by said facility in any calendar year is generated off-site.3.4. Cultures and Stocks of Microorganisms and Biologicals. -- Discarded cultures, stocks, specimens, vaccines and associated items likely to have been contaminated by an infectious agent, discarded etiologic agents, and wastes from the production of biologicals and antibiotics likely to have been contaminated by an infectious agent.3.5. Disposal. -- The discharge, deposit, injection, dumping, spilling, leaking or placing of any infectious medical waste into or on any land or water so that such infectious medical waste, or any constituent thereof, maybe emitted into the air, discharged into any waters, including groundwater, or otherwise enter into the environment. (See Section 5.7 of this rule.)3.6. Generator. -- Any person whose act or process produces infectious medical waste.3.7. Hazardous Waste.-- Waste as defined in W.Va. Code § 22-18-3(6) and Hazardous Waste Management System Rule (33 CSR 20).3.8. Hospital. -- An institution which is primarily engaged in providing to patients in the institution, by or under the supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons or services for the rehabilitation of injured, disabled or sick persons. This term also includes psychiatric and tuberculosis hospitals.3.9. Infectious Agent. -- Any organism such as a virus or bacteria that is in such quantity that it is capable of being communicated by invasion of and multiplication in body tissues and capable of causing disease or adverse health impact in humans. 3.10. Infectious Medical Waste. -- 3.10.a. Infectious medical waste is medical waste which is capable of producing an infectious disease. Medical waste shall be considered 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, if such organism is not routinely and freely available in the community, and such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease.3.10.b. For the purposes of this rule, infectious medical waste includes the following materials: 3.10.b.1. Cultures and stock of microorganisms and biologicals;3.10.b.2. Blood and blood products;3.10.b.3. Pathological wastes;3.10.b.5. Animal carcasses, body parts, bedding and related wastes;3.10.b.6. Isolation wastes;3.10.b.7. Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any infectious medical waste; and3.10.b.8. Waste contaminated by or mixed with infectious medical waste.3.10.c. For the purposes of this rule, infectious medical waste does not include the following materials: 3.10.c.1. Human remains and body parts being used or examined for medical purposes which are under the control of a licensed physician or dentist and are not abandoned materials; 3.10.c.2. Human remains lawfully interred in a cemetery or in preparation by a licensed mortician for interment or cremation;3.10.c.3. Used personal hygiene products, such as diapers, facial tissues and sanitary napkins;3.10.c.4. Gauze and dressing material, containing small amounts of blood or other body secretions with no free flowing or unabsorbed liquid;3.10.c.5. Hair, nails, and extracted teeth;3.10.c.6. Waste generated by veterinary hospitals, except for waste meeting the criteria found in Sections 3.10.b.1, 3.10.b.4, or 3.10.b.5 of this rule; and3.10.c.7. Medical tubing and devices with a signed and dated certification by the facility which states: "I hereby certify under penalty of law that this waste has not been contaminated with infectious medical waste, as defined in Infectious Medical Waste, 64 CSR 56."3.10.d. Infectious medical waste contaminated with radioactive waste is considered to be radioactive waste and is subject to State and federal law and regulation as radioactive waste.3.10.e. Infectious medical waste: 3.10.e.1. Which demonstrates the characteristics of ignitability, corrosivity, reactivity, or toxicity as defined in 40 C.F.R. Part 261, Subpart C, or which is contaminated with RCRA hazardous waste listed in 40 CFR Part 261, Subpart D is considered to be hazardous waste and is subject to regulation under State and federal hazardous waste. W. Va. Code § 22-18-1, et seq., W.Va.Code R. §§ 33-20-1, et seq., and 45-25-1, et seq., and 40 C.F.R. Parts 260 - 279. 3.10.e.2. Which is contaminated with a hazardous waste listed in 40 C.F.R. Part 261, Subpart D that is listed solely because it exhibits one or more characteristics of ignitability, corrosivity, or reactivity as defined under 40 C.F.R. Part 261 Subpart C, is not a hazardous waste if the waste no longer exhibits any characteristic of hazardous waste identified in that subpart.3.11. Infectious Medical Waste Management Facility. -- An infectious medical waste facility which generates, handles, processes, stores, treats or disposes of infectious medical waste, including all land and structures, other appurtenances, and improvements thereon, used for infectious medical waste.3.12. Isolation Wastes. -- Wastes generated from the care of a patient who has or is suspected of having any disease listed as Class IV in "Classification of Etiologic Agents on the Basis of Hazard," published by the United States Centers for Disease Control.3.13. Manifest or Shipping Document. -- The written or electronic documents used for identifying the quantity, composition, and the origin, routing, and destination of infectious medical waste during its transportation from the point of generation to the point of off-site treatment or disposal.3.14. Medical Waste. -- Infectious and noninfectious solid waste generated in the course of the diagnosis, treatment or immunization of human beings or animals, or in research pertaining thereto, or in the production or testing of biologicals. The term "medical waste" does not include low-level radioactive waste, any hazardous waste identified or listed under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6921 et seq., as amended, or any household waste as defined in the regulations promulgated pursuant to Subtitle C of that Act.3.15. Non-commercial Infectious Medical Waste Management Facility. -- Any infectious medical waste facility at which less than thirty-five per cent (35%) by weight of the total infectious medical waste stored, treated or disposed of by said facility in any calendar year is generated off-site.3.16. Noninfectious Medical Waste. -- Any medical waste not capable of producing an infectious disease or infectious medical waste which has been rendered noninfectious. Noninfectious medical waste is considered solid waste for purposes of this rule.3.17. Off-Site. -- A facility or area for the collection, storage, transfer, processing, treatment, or disposal of infectious medical waste which is not on the generator's site, or a facility or area that receives infectious medical waste for storage or treatment that has not been generated on-site at that facility or area.3.18. On-Site. -- The same or geographically contiguous property which may be divided by a public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing, as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way controlled by said person and to which the public does not have access, is also considered on-site property. Hospitals with more than one (1) facility located in the same county shall be considered one (1) site.3.19. Pathological Waste. -- Human pathological wastes, including tissues, organs, body parts, and containers of body fluids, exclusive of those fixed in formaldehyde or another fixative.3.20. Person. -- Individual, partnership, corporation, society, association, government body or other legal entity.3.21. Secretary. -- The Secretary of the Department of Health and Human Resources or his or her designee.3.22. Sharps. -- Discarded articles that may cause punctures or cuts and that have been used in animal or human patient care or treatment, or in pharmacies or medical, research or industrial laboratories, including, but not limited to, hypodermic needles, syringes with attached needles, scalpel blades, lancets and broken glassware.3.23. Small Quantity Generator. -- Any generator of infectious medical waste who generates fifty (50) pounds or less during a one (1) month period.3.24. Storage. -- The containment of infectious medical waste on a temporary basis. Storage shall not constitute disposal of the waste. The containment of infectious medical waste during off-site transport is considered to be a form of storage.3.25. Subtitle C. -- Subtitle C of the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6921 et seq., as amended.3.26. Transport. -- The movement of infectious medical waste from one location to another, except for on-site movement of infectious medical waste.3.27. Transporter. -- A person engaged in the off-site transportation of infectious medical waste. 3.28. Transport Vehicle. -- A motor vehicle, aircraft, boat, barge or rail car used for the transportation of cargo by any mode. Each cargo-carrying body shall be considered a separate transport vehicle.3.29. Treatment. -- Any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any infectious medical waste so as to render such waste noninfectious.3.30. "Waste" -- Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material including solid liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the federal Water Pollution Control Act, as amended, or source, special nuclear or by-product material as defined by the federal Atomic Energy Act of 1954, as amended.