Wis. Admin. Code Department of Natural Resources NR 526.04

Current through October 28, 2024

Section NR 526.04 - Exemptions

(1) GENERAL EXEMPTIONS. In special cases, the department may grant exemptions in writing from non-statutory requirements of this chapter. A person may apply for an exemption under this section by providing the department with a written request along with appropriate documentation which demonstrates to the satisfaction of the department that the proposal will not cause environmental pollution as defined in s. 299.01(4), Stats., and will protect waste handlers and other persons from exposure to infectious waste. The department will send an invoice for the exemption request fee specified in s. NR 520.04, Table 2, upon receipt of the exemption request. In making its decision, the department shall take into account factors such as the population of the area being served, the amount of waste being generated, the design of the facility, the operational history of the facility, the physical and chemical characteristics of the waste and any other information which may be appropriate. The department may grant exemptions under this section if the department finds that granting the exemption will not cause environmental pollution as defined in s. 299.01(4), Stats., and that the exemption will protect waste handlers and other persons from exposure to infectious waste.

(2) HOME GENERATOR EXEMPTIONS. Home generators of infectious waste are exempt from the requirements of this chapter except the safety requirements applying to sharps under ss. NR 526.06, 526.07(1), 526.08, 526.10(3) and 526.13.

(3) SHARPS COLLECTION STATION EXEMPTIONS. Persons who operate sharps collection stations are exempt from the requirements of this chapter except the requirements under s. NR 526.09(5).

(4) EMERGENCY RESPONSE EXEMPTIONS. Persons, including but not limited to law enforcement personnel, emergency medical personnel and fire fighters, who are responding to an emergency not occurring at a medical facility, including but not limited to vehicle accidents, fires and natural disasters, are exempt from the requirements of this chapter except the requirements under ss. NR 526.06 to 526.08, 526.09(4), 526.10(3) and 526.13.

(5) FUNERAL DIRECTOR EXEMPTIONS. Human tissue which is to be interred or cremated under the direction of a funeral director licensed under ch. 445, Stats., the university of Wisconsin medical school or the medical school of Wisconsin, is exempt from the requirements of this chapter.

(6) RESEARCH EXEMPTIONS. Human tissue or animal tissue carrying an infectious agent which is used in research is exempt from the requirements of this chapter until it is no longer being used for research.

(7) ANIMAL PRODUCT EXEMPTIONS. Animal tissue which is processed by a rendering plant or incorporated into a consumer product is exempt from the requirements of this chapter.

(8) WASTEWATER TREATMENT PLANT EXEMPTIONS. Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment is exempt from the requirements of this chapter.

Note: Persons who generate or manage small quantities of infectious waste must follow all safety-related requirements found in this rule, but may be exempt from administrative requirements such as licensing and paperwork. Safety requirements are found in the following sections:

Section NR 526.06 for separating waste.

Section NR 526.07 for containing infectious waste.

Section NR 526.08 for handling infectious waste.

Section NR 526.09(4) for storing and transferring infectious waste.

Section NR 526.10(3) for transporting and shipping infectious waste.

Sections NR 526.11 and 526.12(4) for treating infectious waste.

Section NR 526.13 for disposing of infectious waste.

Exemptions from administrative requirements are found in the following sections:

Section NR 526.09(2) for storage and transfer licenses.

Section NR 526.10(2) for transportation licenses.

Section NR 526.12(2) for treatment licenses.

Section NR 526.14(2) for infectious waste manifests and keeping records of amounts generated.

Section NR 526.15(2) for infectious waste annual reports.

(9) BLOOD COLLECTION VEHICLE EXEMPTIONS. Persons, including but not limited to the American Red Cross, who are transporting whole blood or blood components from temporary locations where blood is collected back to the collector's permanent location are exempt from the requirements of this chapter except the requirements under ss. NR 526.06 to 526.08, 526.09(4), 526.10(3) and 526.13.

(10) MASS VACCINATION WASTE EXEMPTIONS. Persons who are transporting infectious waste from emergency mass vaccinations, including but not limited to smallpox and excluding routine vaccinations, are exempt from the requirements of this chapter except the requirements under ss. NR 526.06 to 526.08, 526.09(4), 526.10(3), 526.11, 526.12(4), 526.13 and 526.14(1) (a). Persons transporting waste from emergency mass vaccinations may be required to file annual reports under s. NR 526.15.

Wis. Admin. Code Department of Natural Resources NR 526.04

Cr. Register, October, 1994, No. 466, eff. 11-1-94; am. (1), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: cr. (9) and (10) Register January 2006 No. 601, eff. 2-1-06.

USDOT requirements may apply to hazardous materials transported by researchers, emergency response personnel and blood collection vehicles. For more information, contact the USDOT helpline at 1-800-467-4922.