Section NR 526.10 - Transportation and shippingNo person may transport or ship infectious waste in Wisconsin unless adequate measures are taken to protect waste handlers, the public and the environment from exposure to the infectious waste, and all of the following requirements are met:
(1) LICENSES. Except as provided in sub. (2), no person may transport infectious waste or operate or maintain an infectious waste transportation service unless the person has obtained an infectious waste transportation license from the department for each vehicle and complies with both the minimum transportation requirements in sub. (3) and the operating requirements for licensed infectious waste transporters in sub. (4). To apply for an operating license, the applicant shall submit an application form and the infectious waste transportation license fee according to s. NR 520.04, Table 2.(2) EXEMPTIONS. Persons who meet any of the following conditions are exempt from licensing under this section, but shall meet the minimum requirements for transporting infectious waste in sub. (3): (a) Persons transporting infectious waste only on private roads on the same property where the infectious waste was generated and using vehicles or covered carts owned or leased by the infectious waste generator. (am) Persons transporting infectious waste only on private roads between the property where the infectious waste was generated and a contiguous property, and using vehicles or covered carts owned or leased by either the infectious waste generator and the owner of the contiguous property.(b) Persons transporting less than 50 pounds of infectious waste per calendar month.(c) Persons operating vehicles owned or leased by the United States postal service and handling infectious waste sent through the mail.(d) Persons operating vehicles owned by a parcel carrier service for which infectious waste constitutes an incidental portion of the carrier's business, if the infectious waste is handled in accordance with all applicable state and federal regulations.(e) Persons transporting infectious waste through Wisconsin who are not stopping to collect, drop off or transfer the infectious waste, and who handle the infectious waste in accordance with all applicable state and federal regulations.(f) Persons transporting infectious waste which is also a hazardous waste under s. 291.01(7), Stats., provided that the transportation is regulated under s. 291.23, Stats., and ch. NR 663.(3) MINIMUM REQUIREMENTS FOR ALL PERSONS TRANSPORTING INFECTIOUS WASTE. No person may transport infectious waste unless the person complies with all of the following minimum requirements: (a) The infectious waste shall be contained according to the requirements of s. NR 526.07.(b) The infectious waste shall be handled according to the requirements of s. NR 526.08.(c) The vehicle used to transport the infectious waste shall meet all of the following requirements: 1. The portion of the vehicle where the infectious waste is contained shall be completely enclosed to prevent littering, spillage or leakage. The enclosed portion shall be leak-resistant, if necessary, considering the type of waste and its moisture content. Roll-off boxes or dumpsters may not be used to transport infectious waste.2. The vehicle shall be maintained in good repair.3. The vehicle shall be cleaned as frequently as necessary to prevent nuisances.4. 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.(d) The person shall transport the infectious waste only to solid waste facilities which are one of the following: 1. Licensed by the department to store or treat infectious waste.2. Exempt from licensing by the department under the storage requirements in s. NR 526.09(2) or under the treatment facility requirements in s. NR 526.12(2) or are exempt from manifesting requirements under s. NR 526.14(2), such as a registered sharps collection station. Note: Other transportation regulations, such as USDOT standards, may also apply. For more information, contact USDOT helpline at 1-800-467-4922.
3. Facilities licensed or exempt by another state to store, incinerate or treat infectious waste.(4) OPERATING REQUIREMENTS FOR LICENSED INFECTIOUS WASTE TRANSPORTERS. Infectious waste transporters which are required to be licensed by the department shall comply with all the following requirements in addition to those in sub. (3): (a) Each vehicle shall have "WDNR" followed by the infectious waste transportation license number lettered on the driver's and passenger's doors. The letters shall be at least 2 inches high with a minimum of 1/2 inch brush stroke. The lettering shall contrast with the background so it is easy to read.(b) Vehicles or containers used for the collection or transportation of infectious waste shall be durable and easy to clean.(c) Each vehicle hauling infectious waste shall carry a written contingency plan for spills and accidents and shall carry tools and materials sufficient to implement the contingency plan. In case of spill or accident, the driver shall implement the contingency plan immediately after spillage occurs and follow the provisions of s. 292.11, Stats.(d) The portion of the vehicle where the infectious waste is placed shall be cleaned and disinfected before hauling materials other than infectious waste, solid waste or supplies related to managing waste.(e) The person transporting the infectious waste shall sign all manifests which accompany the infectious waste, even if the waste is exempt from manifesting under s. NR 526.14(2), and deliver the manifests to the next person who handles the waste.(f) If infectious waste is not accompanied by an infectious waste manifest, the person transporting the waste shall initiate an infectious waste manifest for that waste, unless the person transporting the waste hauls less than 50 pounds of unmanifested infectious waste per month.(5) CHANGES IN SERVICE. Licensed infectious waste transporters shall notify the department in writing of all significant changes in service. The written notice shall be given to the department's area or district office at least 30 days prior to the effective date of the change. If the change was not anticipated, the written notice shall be sent within 30 days after the change first occurred. Changes in service to individual clients or in the routes driven are not significant changes in service. All of the following actions are "significant changes in service": (c) Changing the destination to which the infectious waste is hauled.(d) Expanding the service area into another county.Wis. Admin. Code Department of Natural Resources NR 526.10
Cr. Register, October, 1994, No. 466, eff. 11-1-94, am. (1), (3) (c) 4., Register, June, 1996, No. 486, eff. 7-1-96; correction in (2) (f) made under s. 13.93(2m) (b) 7, Stats., Register April 2013 No. 688.