Section NR 526.09 - Storage and transferNo person may store infectious wastes unless the person protects waste handlers and other persons from exposure to the infectious waste and unless the requirements of this section are met. For the purposes of this chapter, storage also includes, but is not limited to the transfer of infectious waste. Infectious waste generators may temporarily accumulate infectious waste in individual containers near the place where the waste was generated, prior to moving the waste to an on-site infectious waste storage facility.
(1) LICENSING. Except as provided in sub. (2), no person may operate or maintain an infectious waste storage facility unless the person has obtained an operating license for storing solid waste under s. NR 502.05 and the storage facility meets all the requirements for handling infectious waste under s. NR 526.08 and storing infectious waste under this section. The department may require that the owner or operator provide proof of financial responsibility for the removal, transportation, treatment and ultimate disposal of the stored material. To apply for an operating license for an infectious waste storage facility, the applicant shall take all of the following actions: (a) Contact the department to arrange an initial inspection.(b) Prepare a plan of operation according to sub. (3).(c) Submit the plan of operation to the department for approval, according to the requirements in s. NR 500.05. Upon receipt of the plan of operation, the department will send an invoice for the plan review fee for infectious waste storage facilities, as specified in s. NR 520.04, Table 2.(d) After obtaining a plan of operation approval from the department, submit an application form for the operating license and the license fee, according to ss. NR 500.06 and 520.04, Table 2.(2) EXEMPTIONS. Infectious waste storage facilities which meet any of the following conditions are exempt from the requirement to obtain an operating license under sub. (1) and preparing a plan of operation under sub. (3) for storing infectious waste, but shall meet the minimum operating requirements for storing infectious waste under sub. (4). (a) Storage facilities which are located on the property where the infectious waste is generated.(b) Storage facilities which are located on the property where the infectious waste is generated and which accept infectious waste from off-site generators, if the total quantity of infectious waste, including items mixed with infectious waste, accepted from off-site is less than the quantity generated on- site or less than 500 pounds per month, whichever is less and if the waste is accepted on a not-for-profit and cost-only basis.(c) Sharps collection stations which comply with all of the requirements under sub. (5).(d) Storage facilities for infectious waste which also is hazardous waste under s. 291.01(7), Stats., provided that the storage facility is regulated under ch. NR 664.(3) PLAN OF OPERATION. No person may establish or construct an infectious waste storage facility or expand an existing facility unless the person has obtained a plan of operation approval from the department or unless the facility is exempt from licensing under sub. (2). The plan of operation shall specify the intent and objectives of the proposal and indicate methods and procedures to prevent and minimize adverse environmental and health impacts. Unless otherwise approved by the department in writing, the plan shall be submitted in accordance with s. NR 500.05 and shall contain, at a minimum, the information listed in s. NR 502.05(8), except s. NR 502.05(8) (e), and any other details necessary to address the requirements in this chapter, including but not limited to requirements for handling and containment and the requirements of sub. (4).(4) MINIMUM REQUIREMENTS FOR ALL PERSONS STORING INFECTIOUS WASTE. No person may operate or maintain an infectious waste storage facility unless the storage area meets all of the following requirements: (a) The storage area shall be kept clean and be impermeable to liquids. Carpeted areas or wooden floors may not be used in storage areas.(b) The storage area designated for infectious waste may contain only infectious wastes and their containers. The storage area may be an area designated within a room.(c) The storage area shall be in an enclosed building, container or vehicle so that the infectious waste is not exposed to weather.(d) Access to the storage area shall be limited to authorized personnel.(e) Nuisance conditions shall be prevented from developing. Appropriate measures shall be taken to prevent odors, including but not limited to refrigerating the infectious waste below 42° Fahrenheit until treated.(f) If the infectious waste is to be treated off-site, the operator of the infectious waste storage facility shall relinquish the infectious waste only to an infectious waste transporter licensed by the department or to a person exempt from licensing under s. NR 526.10(2).(g) The containers of infectious waste shall be removed and emptied as necessary, but at least every 90 days.(h) The operator of the infectious waste storage facility shall keep records of how much and where the infectious waste has been sent off-site. Records may consist of any of the following: copies of infectious waste manifests, invoices, logs or other written documentation of the amount of infectious waste sent off-site for treatment.(5) OPERATING REQUIREMENTS FOR SHARPS COLLECTION STATIONS. No person may operate or maintain a sharps collection station unless the person complies with all of the following requirements: (a) The person accepts only sharps and sharps containers from infectious waste generators, each of which generates less than 50 pounds of sharps per month, including items which may be mixed with the sharps.(b) The person provides the service on a not-for-profit and cost-only basis.(c) The person stores no more than 500 pounds of infectious waste in the sharps collection station at any one time.(d) The person complies with the requirements in ss. NR 526.06 to 526.08, 526.09(4) (a) to (g), 526.10(3) and 526.13.(e) The person registers the sharps collection station with the department by mailing or delivering a letter of registration to the chief of the solid waste management section, bureau of solid and hazardous waste management, department of natural resources, P.O. Box 7921, 101 S. Webster Street, Madison, Wisconsin 53707-7921. The person shall also send copies of the letter to the appropriate department district and area offices. The letter of registration shall state all of the following: 1. Name, street address, county and phone number, if any, of the place where the sharps collection station is located.2. Name, mailing address and phone number of person responsible for operating the sharps collection station.3. Name, mailing address and phone number of the owner of the sharps collection station, if different than the operator.4. Fees charged for use of the sharps collection station and what costs the fees cover.(f) The person notifies the department immediately in writing if the sharps collection station moves or ceases to operate.Wis. Admin. Code Department of Natural Resources NR 526.09
Cr. Register, October, 1994, No. 466, eff. 11-1-94; am. (1) (c), (d), (3), (4) (e), (5) (e) 1., r. (5) (e) 4., renum. (5) (e) 5. to be (5) (e) 4., Register, June, 1996, No. 486, eff. 7-1-96; correction in (5) (d) made under s. 13.93(2m) (b) 7, Stats., Register March 2003 No. 567; correction in (2) (d) made under s. 13.93(2m) (b) 7, Stats., Register April 2013 No. 688.