Current through Register Vol. 49, No. 9, September, 2024
Section I - AUTHORITY. The Rules
and Regulations pertaining to the definition, segregation, treatment,
packaging, labeling, storage, transport and disposal of medical waste from
generators and health care related facilities are hereby promulgated pursuant
to the authority conferred by Act 96 of 1913, as amended, the same being Ark.
Code Ann. §
20-7-109, Ark. Code Ann.
§§
20-32-101 through 112, These Rules
and Regulations are in consonance with the Occupational Safety and Health
Administration 29 CFR Part 1910.1030 ; "Occupational Exposure to Bloodborne
Pathogens" standard.
Section II -
PURPOSE. The purpose of these sections is to provide a definition
of medical waste from generators and health care related facilities, identify
entities that are subject to provisions of these sections and to establish
criteria for the proper management of such waste materials in order to protect
the public health. The management, transportation, treatment and disposal of
chemical, pharmaceutical and radioactive wastes are not included since proper
disposal of these items is governed by other regulations.
Section III - DEFINITIONS.
A.
ADEQ. The Arkansas Department
of Environmental Quality.
B.1.
Commercial medical waste. Any medical waste transported from a
generator to an off-site facility for treatment/disposal where such off-site
treatment/disposal facility is engaged in medical waste treatment/disposal for
profit and/or medical waste treated/disposed on-site by a commercial
treatment/disposal mobile unit operated as a business for profit.
B.2.
Commercial medical waste
incineration facility. Any facility accepting medical waste materials
for treatment and disposal by incineration from an off-site source and
operating the treatment and disposal facility as a business for profit.
B.3.
Commercial
non-incinerator Treatment, Storage, and/or Disposal (TSD) facility. All
contiguous land and structures, other appurtenances and improvements on the
land used for treating and/or destroying and/or storing and/or disposing of
commercial medical waste as a business for profit. A Treatment, Storage, and/or
Disposal (TSD) facility may consist of several treatment, destruction, storage
or disposal operational units under the same facility management.
B.4.
Commercial
treater/disposer. An entity that receives medical waste from various
sources for treatment and disposal as a business for profit.
C.
Contaminated. The presence or
the reasonably anticipated presence of blood or other potentially infectious
materials on an item or surface.
D.
Department. The Arkansas Department of Health.
E.
DOT. The Department of
Transportation.
F.
Destruction. The process of changing the original characteristics of
medical waste where it is unrecognizable and may no longer be able to transmit
an infectious disease when handled or disposed.
G.
Disposal. The deposit,
discharge, dumping, spilling, leaking, or placing of any medical waste into or
on any land or waters so that such waste or any constituent thereof may enter
the environment.
H.
EPA. The Environmental Protection Agency.
I.
Facility. All contiguous land
and structures, other appurtenances, and improvements on the land, used for
treating, destroying, storing, or disposing of medical waste, provided that all
land and structures are under control of a single person or legal entity. A
facility may consist of several treatment, destruction, storage, or disposal
operational units or transfer facilities.
J.
Generator. Any person or
source institution whose action or process produces medical waste as defined in
these sections.
K.
Labeling. To write on or affix a color-coded label to a medical
waste package that is water resistant, legible and readily visible.
L.
Medical Waste. A waste from a
generator or a health care related facility as outlined in Section IV, which,
if improperly treated, handled, or disposed of may serve to transmit an
infectious disease as established by the Arkansas Department of Health and
which includes the following:
1.
Pathological waste - all human unfixed tissues, organs and
anatomical parts, other than intact skin, which emanate from surgeries,
obstetrical procedures, dental procedures, autopsies and laboratories,
including embalming waste Such waste shall be exclusive of bulk formaldehyde
and other preservative agents.
2.
Liquid or semi-liquid blood such as human blood, human blood
components and/or products made from human blood (e.g., serum, plasma) and
other potentially infectious materials, to include regulated human body fluids
such as semen, vaginal secretions, cerebrospinal fluid, pleural fluid,
pericardial fluid, synovial fluid, peritoneal fluid, amniotic fluid, saliva in
dental procedures, any body fluid that is visibly contaminated with blood, and
all body fluids where it is difficult or impossible to differentiate between
body fluids, can be discharged into the collection system of a publicly owned
treatment works (POTW) within the generating facility. Breast milk, urine, and
feces are not considered medical waste and can also be discharged into the
(POTW).
3.
Contaminated
items to include dressings, bandages, packing, gauze, sponges, wipes,
personal protective equipment, cotton rolls and balls, etc., which cannot be
laundered or disinfected and from which blood, blood components, or regulated
body fluids drip freely, or that would release blood or regulated body fluids
in a liquid or semi-liquid state if compressed or are caked with dried blood or
regulated body fluids and all capable of releasing these materials during
handling, not to include feminine products, enema bags, used condoms, or
diapers.
a. Contaminated disposable,
single-use gloves such as surgical or examination gloves shall not be washed or
decontaminated for reuse and are to be handled as a contaminated
item.
b. Protective coverings such
as plastic wrap and aluminum foil used to cover equipment and environmental
surfaces when removed following their contamination are considered a
contaminated item.
c. All patient
care items from hospital isolation rooms and end-stage renal dialysis units, or
from patients with communicable diseases, which cannot be laundered and which
are contaminated with regulated body fluids or blood or potential infectious
material, must be considered a contaminated item.
d. Biological waste and discarded materials
contaminated with blood, excretion, exudates, or secretions from isolated
animals known, or suspected, to be infected with communicable
diseases.
4.
Microbiological waste which includes, but is not limited to, cells
and tissue cultures, culture medium or other solutions and stocks of infectious
agents, organ cultures, culture dishes, devices used to transfer, inoculate and
mix cultures, paper and cloth that has come in contact with specimens or
cultures and discarded live or attenuated vaccines.
5.
Contaminated sharps which
include, but is not limited to, any contaminated object that can penetrate the
skin, e.g., hypodermic needles, intravenous tubing with needles attached,
syringes with attached needles, razor blades used in surgery, scalpel blades,
Pasteur pipettes, capillary tubes, broken glass from laboratories, and dental
wires. Potentially breakable container(s) of blood, regulated body fluid,
microbiological waste, or infectious material must be treated as contaminated
sharps when disposed of. Sharps that have been used in human or animal patient
care, treatment or for other medical procedures are included. Any waste
produced in the course of physically altering a human being or animal including
tattooing, ear piercing, or any other process where a foreign object is used to
cut or pierce the skin. All waste generated in this manner meeting the
definition of sharps must be handled accordingly.
6.
V eterinary waste to include
any and all animal related waste (carcasses, body parts, bulk blood and blood
products, bedding of animals, etc.) which meets the definition of any of the
five categories delineated above and has been or is suspected to have been
exposed to a zoonotic disease or pathogens known to cause human disease, or
which has been exposed to human pathogens in research or the production of
biological, must be handled as medical waste. All contaminated
sharps and microbiological waste must be handled as medical
waste.
7.
Trace
contaminated chemotherapy waste that can be treated as
medical/infectious waste includes: masks, empty drug vials, gloves, gowns, IV
tubing, empty IV bags/bottles, and spill clean-up materials. Bulk chemotherapy
wastes to include: full expired vials of chemotherapy drugs are not considered
to be medical/infectious wastes; they are considered hazardous wastes and must
be handled accordingly.
8.
Spill/clean-up material collected during or resulting from the
clean-up of a spill of regulated medical waste.
9.
Crime scene/accident/trauma
clean-up waste generated by individuals or commercial entities hired to
clean crime scenes or accidents that are saturated with human blood, sharps, or
sharp objects contaminated with human blood.
M.
Mobile Treatment/Disposal
System. A portable system used for the treatment/destruction of medical
waste.
N.
Off-site.
Any facility that is not on-site.
O.
On-site. A facility on the
same or adjacent property with adjacent meaning real property within four
hundred (400) yards from the property boundary of the existing
facility.
P.
OSHA. The
Occupational Safety and Health Administration.
Q.
Packaging. Containment of
medical waste in disposable or reusable containers in such a manner as to
prevent exposure to the waste material.
R.
Person. Any individual,
partnership, company, corporation, association, firm, organization, Federal and
State government, or any other group of individuals, or any officer or employee
thereof.
S.
POTW.
Publicly owned treatment works owned by a state or municipality as defined by
section 502(a) of the Clean Water Act.
T.
Processing. The handling of
medical waste at the generating facility after its segregation by the
procedures of treatment, packaging, labeling, storing, transporting and
disposal.
U.
Satellite
facilities. Additional hospitals, affiliated off-site services and
physician offices or other affiliated services owned and managed by the primary
generator/treater.
V.
Segregation. The separation of medical waste from other routine
solid waste at the time waste is generated within the generating
facility.
W.
Storage.
The containment of medical waste in such a manner as not to constitute
disposal.
X.
Transfer
facility. A transporters facility permitted by the Department that may
be utilized for transferring medical waste from one vehicle to
another.
Y.
Transport.
The movement of medical waste from the point of generation to any intermediate
points toward the point of ultimate disposal.
Z.
Treatment. Any method,
technique, or process designed to alter the character or composition of any
medical waste as to neutralize or render it potentially
non-infectious.
A.
a.
Unrecognizable. Physically
altered to a state where the item is no longer usable for its original intended
purpose nor identifiable as to its use or source.
Section IV -
APPLICATION. All requirements of these sections shall apply,
without regard to quantity of medical waste produced per month, to any person
generating medical waste, except as exempted in Section V, and to include but
not be limited to, the following health care related facilities:
A. Ambulatory surgical centers;
B. Abortion clinics;
C. Birthing centers;
D. Blood banks and blood drawing
centers;
E. Clinics, including but
not limited to, medical, dental and veterinary;
F. Educational institution health centers,
(school nurse offices) and research facilities;
G. Emergency medical services and minor
emergency centers;
H. Employee
health clinics;
I. Funeral
establishments;
J. Health
maintenance organizations;
K. Home
health agencies;
L.
Hospices;
M. Hospitals;
N. Laboratories, including but not limited to
clinical, diagnostic, pathological, veterinary and biomedical
research;
O. Long term care
facilities;
P. Mental health
facilities and facilities serving individuals with intellectual
disabilities;
Q.
Pharmacies;
R. Pharmaceutical
manufacturing plants and research facilities;
S. Professional offices, including but not
limited to, the offices of physicians, dentists and veterinarians;
T. Public health units;
U. Renal dialysis centers;
V. Special residential care and assisted
living facilities;
W. Tattoo
parlors;
X. Trauma scene clean-up
entities.
Section V -
EXEMPTIONS AND HOME DISPOSAL
A.
These sections do not apply to medical waste generated by the operation of
single or multi-family dwellings.
B. These sections do not apply to medical
waste generated by the operation of hotels, motels or other accommodations
providing lodging for the public and not serving as a commercial or
professional office where individuals, who are not family members, are
receiving medical care by a health care professional.
C. Home health personnel, physicians and
dentists treating patients in the home often generate infectious medical waste
during their visit or waste is generated as a result of their prescribed
treatment and medication. It is the responsibility of the health care provider
to instruct the patient and family members in the proper disposal of any
subsequently generated medical waste.
1.
Particular attention should be given to infectious wastes from patients with
highly infectious conditions and/or with multiple resistant organisms, to
include but not limited to methicillin resistant Staphylococcus infections,
hepatitis B, hepatitis C, HIV, etc. Visiting health care providers should
disinfect such wastes when they are in the home and shall properly instruct
household members in the proper treatment and disposal of infectious waste
items from all types of patient treatment during their absence.
2. Rigid leak proof containers, marked as
treated, should be used for the disposal of sharps which should be chemically
disinfected using one (1) part freshly prepared solution of free available
chlorine (hypochlorite bleach) concentration to no more than ten (10) parts
water (1:10 dilution) for at least ten (10) minutes; drain solution off into
the sink or commode before disposal as regular solid waste. It is not
permissible to put a red biohazard bag or container in a solid waste landfill.
Solid waste landfills are prohibited from accepting liquid and/or infectious
waste as outlined in the ADEQ's Solid Waste Management Code, Regulation
22.
SECTION
VI - IDENTIFICATION, SEGREGATION, PACKAGING, LABELING,
STORAGE, TRANSPORT, TREATMENT AND DISPOSAL OF MEDICAL WASTE. This
section is applicable as requirements for all generators in Arkansas, except
those exempted in Section V.
A.
Identification of medical waste.
1. A person who generates a medical waste
shall determine if that waste is a medical waste as defined in Section III
L.1-9. Any wastes that contain medical waste mixed with general solid waste
shall be managed as medical waste if the solid waste has been contaminated by
pathological waste, blood or body fluids, contaminated items and/or
microbiological waste.
2. Any
medical wastes which meet the definition of "hazardous waste", or which are
mixed with hazardous wastes shall be managed as hazardous waste in accordance
with the ADEQ's Hazardous Waste Management Code, Regulation 23.
B.
Segregation of medical
waste.
1. Medical waste must be
segregated from other regular waste at the point of its generation in the
producing facility.
2. Segregation
of medical waste must be made into containers in compliance with the OSHA
Bloodborne Pathogen Standard,
29 CFR
1910.1030. Containers (paper or plastic bags,
metal or plastic rigid containers) meeting this standard must be closable and
constructed to contain all contents and prevent leakage of fluids during
handling, storage, transport, or shipment.
3. A non-sharps container (e.g., a step can)
of medical waste shall be closed at all times except when actively receiving
medical waste.
4. A sharps
container with openings large enough to allow entry of any human hand shall be
subject to any additional physical and/or administration controls necessary to
prevent access by the public during normal conditions of use.
C.
Packaging and labeling of
medical waste.
1. Medical waste,
except for sharps capable of cutting or puncturing, shall be contained for
reprocessing at the site of generation in collection containers impervious to
moisture, which are leak resistant and have a sufficient strength to preclude
ripping, tearing or bursting under normal conditions of usage. Full containers
shall be securely closed (fastened, taped or tied) to prevent leakage or loss
of solid or liquid wastes.
2.
Contaminated sharps shall be packaged for reprocessing at the site of
generation in containers that are leak resistant on the bottom and sides,
rigid, closable, and puncture resistant. Sharps containers shall be assembled
and utilized at all times as intended by the manufacturer. Sharps that have
been treated and are still capable of cutting or puncturing must also meet this
packaging requirement unless they have been rendered unrecognizable and are no
longer capable of cutting or puncturing.
3.
a.
Warning labels shall be affixed to all bags and containers used for medical
waste or affixed as close as feasible to the container by string, wire,
adhesive, or other method that prevents their loss or unintentional removal.
Labels must be water resistant and legible, colored fluorescent orange or
orange-red (or predominantly so), with lettering or symbols in a contrasting
color, and include the universal biohazard legend.
b. Red bags or red containers shall be
labeled as listed in VI.C. 3. a above.
c. Rigid containers for contaminated sharps
and treated sharps as outlined in Section VI.C.2. shall be colored or labeled
as listed VI.C.3. a. Treated sharps must also be labeled as in Section
VI.C.3.a.
d. Individual containers
of medical waste that are placed in a labeled container as required in Section
VI.E during storage, transport, shipment or disposal are required to be labeled
as listed in Section VI.C.3. a. Section VI.C.6 allows for the substitution of
the 49 CFR Hazardous Materials Regulation's labeling and packaging requirements
during handling and transport of medical waste.
4. When medical waste leaves the facility
where it was generated, the name and address of the generator must clearly be
marked on the outside of the container. If the waste has been treated using an
approved method as outlined in Section VI.F.1 -6, then it must also be labeled
on the container with the words "TREATED" and "BIOHAZARDOUS WASTE" or
"INFECTIOUS SUBSTANCE" or "MEDICAL WASTE" or the universal biohazard symbol.
Medical waste that has been treated by an approved method and determined by the
Department as rendered unrecognizable, is not required to have special
packaging or labeling when transported or disposed as outlined in Section VI.M.
The handling and disposal of incinerator ash is regulated by the
ADEQ.
5. Treated medical waste
cannot be disposed of if it is in a red or orange-red bag or container as
outlined in Section VI.C.3. b. and c. It must be further over packed in a
different color container (e.g., brown, green, black paper or plastic) and then
labeled as required in Section VI.C.4.
6. If medical waste requires labeling,
packaging or management under the Code of Federal Regulations, Title 49, Parts
171, 172, 173, 177 and/or 178 of the Hazardous Material regulations, Title 29
Part 1910.1030 of the Bloodborne Pathogen standard or other federal
regulations, as applicable, then the generator shall comply with the labeling
and other applicable requirements specified in those regulations instead of as
outlined in Section VI.C.3. a, b, and c.
7. Mechanical compaction of medical waste
shall not be conducted prior to treatment and/or disposal, unless the
mechanical compaction and treatment are part of a single, self-contained
process that does not place employees or the public at risk of exposure to
untreated medical waste.
D.
Storage
1. Medical waste packaged in disposable
containers as described in Section VI.C.1 and 2 shall be placed in disposable
or reusable pails, cartons, drums, dumpsters or portable bins. Disposable and
reusable systems shall be kept clean and rigid, be designed to prevent leakage
of fluids, remain impervious to moisture, and be of sufficient strength to
prevent tearing or bursting under normal conditions of use and handling and be
kept sealed or closed to prevent leakage. The containers may be of any color
and shall be conspicuously labeled as required in Section VI.C.
2. Storage of medical waste shall be in a
manner and location which affords protection from unauthorized entry, animals,
adverse weather conditions such as rain, snow, ice, sleet, hail and wind, does
not provide a breeding place or a food source for insects and rodents and
minimizes exposure of employees and the public. When waste is not being
actively placed in storage, the area must be secured.
3. The location of the medical waste in
storage shall be conspicuously marked with signs which shall include the
universal biohazard legend outlined in Section VI.C.3. a.
4. Storage time within the generating
facility shall not exceed thirty (30) days once the container has been filled
and closed. Storage of medical waste for longer than thirty (30) days must be
approved by the Department. Filled containers of medical waste must be held at
room temperature (72 degrees Fahrenheit (22 degrees Celsius)) or below in a
secure location with limited access (unauthorized entry) as specified in
Section VI.D.2. If the generating facility is unable to control odor from its
stored waste, the Department may require more frequent removal and further
limit the storage time.
E.
Transport
1. Generators of medical waste may transport
their own waste to an off-site permitted treatment or disposal facility, or
satellite facility in a fully enclosed container designed to prevent leakage of
fluids as outlined in Section VI.D.1., without having to obtain a
transportation permit. Generators that transport their medical waste shall keep
a log of all medical waste transported.
The log shall include the quantity, the date of transport and
the name of the receiving facility. Logs shall be maintained on file at the
generator's facility for three (3) years from the date of shipment. Commercial
medical waste transportation must comply with Section VII, requirements for
transporters of commercial medical waste.
2. Medical waste transported off-site must be
labeled as required in Section VI.C.
3. For transport purposes, the generator
shall transfer custody of untreated medical waste only to a transporter who has
obtained a valid Commercial Regulated Medical Waste Transportation permit from
the Department as required in Section VII.A. The Department shall maintain a
list of all permitted transporters. The list shall be made available by the
Department's Medical Waste Program.
4. The generator of medical waste shall
maintain a log of all untreated medical waste transferred to a transporter that
is permitted by the Department or a Department permitted treatment, storage
and/or disposal facility. The log must include the quantity, the method used to
determine the amount, the date the shipment was made and the name and permit
number of the transporter or treatment/disposal facility. The logs shall be
maintained on file at the generator's facility for three (3) years from the
date of shipment or transfer. If the information is listed on the
manifest/tracking paper, then the manifest/tracking paper may be substituted
for the log.
5. The generator shall
obtain from the permitted transporter a signed receipt (manifest or tracking
paper) for each shipment of medical waste. The requirements of the
manifest/tracking paper(s) are listed in Section VII. K. These
manifests/tracking papers shall be maintained on file at the generators
facility for three (3) years from the date of shipment.
6. Medical waste cannot be transported in
open vehicles or trailers. Tarped loads are not permissible.
7. Medical waste must be physically separated
from other materials being transported.
8. Generators that transport large quantities
of medical waste (not including commercial medical waste) must sign a letter of
agreement provided by the Department ensuring procedures are in place that will
assure the medical waste is managed during transport to protect the
environment, the waste handlers and the public health. (Large quantity is
defined as fifty (50) pounds or more of medical waste transported in a calendar
month.).
9. The U.S. Postal Service
may be used to transport used and unused sharps for disposal. The generator
must retain the original receipt and the returned registered or certified mail
receipt. The generator shall retain the manifest/tracking paper for each
shipment and they shall be maintained on file at the generator's facility for
three (3) years from the date of shipment.
F.
Treatment of medical waste shall be
by one of the following
1.
Incineration - Burning of medical waste in conformance with the standards
prescribed by the ADEQ or the EPA. A permit must be obtained from the ADEQ
before an incinerator can be installed or operated. Inspection of incinerators
shall be conducted by the ADEQ in compliance with the federal Clean Air Act
and/or the Arkansas Water and Air Pollution Control Act, or other applicable
air regulations.
2. Sterilization
Technology - Sterilization is the complete elimination of microbial viability.
Procedures utilized must be performed properly and according to the
manufacturer's operating instructions (with regard to time, temperature,
pressure, waste exposure and capacity), provided the results changes the
biological character or composition of the medical waste completely and
reliably inactivating bacillus stear other mophilus spores or other appropriate
organisms at a 4 Log 10 reduction (99.99%) or greater and meet or exceed the
parameters listed below. If a primary container is used, the primary container
shall be placed in the sterilization chamber with sufficient space provided
between the chamber walls and the container to allow the steam, heat or
chemical to surround the container and penetrate all of the medical waste. The
primary container shall be sealed loosely enough to allow the steam to
penetrate the entire contents of the container, unless a self-venting bag is
used. All of the medical waste must be exposed to the temperatures and
pressures listed below. Approved procedures are:
a. Steam under pressure (autoclaving) steam
at 248 degrees Fahrenheit (120 degrees Celsius) at 15 pounds per square inch
(psi) for thirty (30) minutes. Steam auger - steam at 205 degrees Fahrenheit
(96 degrees Celsius) at 15 psi for sixty (60) minutes.
b. Dry heat - heat at 320 degrees Fahrenheit
(160 degrees Celsius) at atmospheric pressure for two (2) hours.
c. Chemical vapor - approved EPA chemical
mixture at 260 degrees Fahrenheit (127 degrees Celsius) at 20 psi for thirty
(30) minutes; and
d. Ethylene oxide
- four (4) to five (5) hour cycle using eleven (11) to twelve (12) percent
ethylene oxide. Chemical vapor and ethylene oxide sterilization may require an
air permit from the ADEQ. Persons interested in applying this technology should
contact the ADEQ before installing or operating such equipment.
Quality control of the sterilization process shall be performed
at least once a month or after every forty (40) hours of operation, whichever
comes later, using physical, chemical, and biological monitors (thermo chemical
indicators and integrators such as autoclave tape, spore strips, ampoules,
thermocouples, etc.) placed in or on the outside of the waste containers and
distributed throughout the load, chamber, or vessel during treatment as listed
in Section VI.G to evaluate the effectiveness of the treatment process. Unless
the sterilization unit is equipped to continuously monitor and record
temperatures during the entire length of each sterilization cycle, except for
treatment using ethylene oxide, the operator of such sterilization equipment
shall affix to the medical waste a temperature-sensitive tape which will
indicate that the required temperature was reached.
3. Disinfection - a potential less
lethal process compared to sterilization that eliminates or inactivates many or
all pathogenic microorganisms including viruses, fungi, and bacteria (but not
necessarily all their endospores) on inanimate surfaces. Approved procedures
are:
a. Thermal Inactivation - procedure must
be performed properly as indicated by the equipment manufacturer's operating
instructions and the adequacy of disinfection verified by physical, chemical,
and biological monitoring (thermo chemical indicators and integrators such as
autoclave tape, spore strips, ampoules, thermocouples, etc.) as listed in
Section VI.G. Unless the thermal inactivation equipment is equipped to
continuously monitor and record temperatures during the entire length of each
disinfection cycle, the operator shall affix to the medical waste a
temperature-sensitive tape (i.e. autoclave tape) which will indicate that the
required temperature was reached. Approved procedures are:
(1) Autoclave
(2) Microwave; and
(3) Dielectric energy.
Thermal inactivation must allow for sufficient heat to access
and penetrate the waste. The waste must be packaged according to the
recommendations of the manufacturer and loaded into the chamber as to not
exceed the capacity limits set by the manufacturer.
b. Chemical - The use of EPA
approved chemical agent to significantly reduce microbial activity for waste
treatment, e.g., one (1) part freshly prepared solution of free available
chlorine (hypochlorite bleach) concentration to no more than ten (10) parts
water (1:10 dilution) for at least ten (10) minutes. The chemical agent shall
be used according to the manufacturer's instructions. The chemical agent must
penetrate all the waste material. If liquid chemical disinfectants or
sterilants are used, excess liquid must be drained prior to disposal. Certain
chemical disinfectants or sterilants may not be allowed to be discharged to a
POTW. Solid waste landfills are prohibited from accepting liquids or wastes
containing free liquids and/or infectious waste as outlined in the ADEQ's Solid
Waste Management Code, Regulation 22.
4. Discharge of liquid or semi-liquid waste
into the collection system of a publicly owned treatment works (POTW) -
grinding and/or flushing of waste into a POTW within the generating facility,
except as prohibited by the Department, the ADEQ or the superintendent/manager
of the POTW.
5. Encapsulation -
complete encapsulation of medical waste in a solid matrix (e.g., plaster of
paris) which will significantly reduce the possibility of exposure.
6. Other available technology (alternate
technology) - technology other than listed above in Section VI.F.1 -5 shall be
evaluated and approved by the Department. Alternate technologies are usually
approved at the manufacturer level. Applications for approval of an alternate
technology must be made on forms provided by the Department's Medical Waste
Program Criteria used to evaluate alternate technologies will include, but not
be limited to:
a. Approval by states other
than Arkansas that utilize a performance standards approach to review alternate
treatment technologies.
b.
Environmental impact.
c.
Environmental permit requirements.
d. Potential worker health effects.
e. Manufacturer operating requirements and
instructions.
f. Levels of
microbial inactivation which includes:
(1)
Inactivation of representative samples of my cobacteria, at a level of 6 log 10
(99.9999%) reduction or greater, as determined by the Department.
(2) Inactivation of Geobacillus stear
othermophilus endospores or Bacillus atrophaeus endospores at a level of 4 log
10 (99.99%) reduction or greater, as determined by the Department. One or more
representative surrogate microorganisms from each microbial group shall be used
in treatment efficacy evaluations. The Department shall determine the
appropriate microorganisms to serve as representative surrogate microorganisms.
Protocols developed for efficacy testing shall incorporate, as applicable,
recognized, standard procedures. Guidelines for testing and approval of
alternate medical waste technologies may be obtained from the Department's
Medical Waste Program.
The Department shall maintain a list of those approved
alternate technologies, including manufacturer, product name, model number, or
other appropriate identifying information. The list shall be made available by
the Department's Medical Waste Program.
G.
Quality control of the
treatment process must be performed at least once a month or after every
forty (40) hours of operation, whichever comes later, using the appropriate
physical, chemical, and biological monitors (thermo chemical indicators and
integrators such as autoclave tape, spore strips, ampoules, thermocouples etc.)
to evaluate the effectiveness of the treatment process, except for discharge
into a POTW or encapsulation. The types of biological monitors that shall be
used, unless approved by the Department for use of other organisms, are as
follows:
Wet heat
|
Geobacillus stear
othermophilus
|
Dry heat
|
Bacillus atrophaeus
|
Gas (ethylene oxide)
|
Bacillus atrophaeus
|
(formaldehyde)
|
Geobacillus stear
othermophilus
|
Radiation
|
Bacillus pumilus or
|
Bacillus atrophaeus or
|
Geobacillus stear
othermophilus
|
Liquids
|
Bacillus atrophaeus or
|
Clostridium sporogenes
|
The Department must approve of biological monitors not listed
above used for efficacy (Quality Control) testing. Total destruction
technologies must receive approval from the Department for the type, use, or
waiver of efficacy testing.
H.
Log. For each medical waste
treatment unit listed in Section VI.F, a log shall be maintained which
contains, at a minimum, the following information for each use.
1. Date.
2. Time.
3. Operator.
4. Type and approximate amount (by weight
(pounds)) of medical waste.
5.
Sterilization pressure reading, as applicable.
6. Maximum temperature obtained during the
process or the results of the temperature sensitive tape, as
applicable.
7. The treatment
process time.
The log shall be completed during and after all treatment of
medical waste in the treatment unit. The log shall also record the required
quality control process using biological monitors including the type of
organism used as listed in Section VI.G and the results when achieved. The
treatment log shall be maintained for three (3) years from the date of last
treatment.
I.
Equipment such as shredders, choppers, etc., that have the
potential to produce aerosols must be fully contained under negative air
pressure and exhausted through an HEPA filter. Small medical waste treatment
devices may be exempt from this requirement.
J.
Disposal of untreated medical
waste shall be by one of the following:
1. Discharged from the health care related
facility into a POTW.
2. Interment
- the disposition of pathological waste by burial or cremation according to
standards and practices of the mortuary industry.
3. Other available technology - if approved
by the Department and meeting the intent of these rules and
regulations.
4. Table 1 describes
which methods are approved for treatment and disposal of each specific category
of medical waste. Alternate technologies are approved individually for
treatment and disposal for each specific category of medical waste. NOTE: Not
all methods of treatment and disposal are approved for all categories of
medical waste. Medical waste which may no longer serve to transmit an
infectious disease and is not recognizable, may be disposed of in the regular
solid waste stream and/or in a permitted landfill as outlined in the ADEQ's
Solid Waste Management Code, Regulation 22 without any labeling requirements.
Section VI.K. outlines the requirements for treated medical waste that is still
recognizable.
5. Untreated medical
waste cannot be disposed of in a landfill. Treated medical waste may be
disposed of in a permitted sanitary landfill in accordance with the ADEQ's
Solid Waste Management Code, Regulation 22. Solid waste landfills cannot accept
liquid wastes. Treated medical waste, where applicable, must be packaged and
labeled as in Section VI.C prior to land filling.
K. If the generator of medical waste has
treated the waste by an approved method and it is packaged and labeled as
specified in Section VI.C, then the waste may be included in the facility's
normal, solid waste stream in accordance with regulations established by the
ADEQ or other appropriate regulatory bodies.
L. A health care related facility with an
ADEQ permitted incinerator or use of an approved technology as outlined in
Section VI.C.1 -7 may accept medical waste for treatment/disposal from
physicians and surgeons on staff of the health care facility without obtaining
a commercial incinerator or non-incinerator technology permit or operating
license as outlined in Section VIII. Satellite facilities including additional
hospitals, affiliated off-site services and physician offices or other
affiliated services owned and managed by the primary generator/treater may
accept and treat such medical waste without a non-incineration technology
permit or operating license unless the facility is engaged in medical waste
disposal for profit. If the ADEQ determines that a facility's incinerator is
operating as a commercial medical waste incinerator, then the facility shall
obtain an operating license as outlined in Section VIII.
M. Medical waste that has been treated by an
approved method and determined by the Department as rendered unrecognizable is
not required to have special packaging or labeling when transported or
disposed.
N. All incidents
involving the release of medical waste to the environment or other incidents
that threaten the public health involving medical waste shall be reported
verbally as soon as possible but within twelve (12) hours to the Department
with a follow-up written report on forms provided by the Department in five (5)
working days from the incident. The Department shall be notified at (501)
661-2621 or (501) 661-2000 during working hours and (501) 661-2136 after normal
working hours.
SECTION
VII - REQUIREMENTS FOR TRANSPORTERS OF COMMERCIAL MEDICAL
WASTE
A. No person in Arkansas may
transport commercial medical waste for a generator, other than the generator
themselves, without first obtaining a Commercial Medical Waste Transportation
Permit from the Department. The permit is required for all commercial
transporters transporting commercial medical waste into the state, waste
generated in the state and transported out of the state and/or for waste
transported within the state. U.S. Postal Service vehicles and vehicles
transporting commercial medical waste through Arkansas to another jurisdiction
outside the state without receiving or transferring commercial medical waste in
Arkansas are not required to obtain a permit or pay the required fees. To
obtain a permit, the transporter shall submit forms as listed in Section VII.
V. to the Department's Medical Waste Program at least forty-five (45) days
before the anticipation of the permit issue date and thirty (30) days before
the expiration of an existing permit.
B. Commercial medical waste transporters
shall have a written operating plan/procedure for handling and transport of
commercial medical waste. The plan/procedure shall include the following:
1. A method of handling medical waste
separately from other waste which prevents unauthorized persons from having
access to or contact with the waste.
2. A method of loading and unloading of
medical waste which limits the number of persons handling the waste and
minimizes the possibility of exposure of employees and the public to medical
waste.
3. A method of
decontaminating emptied reusable medical waste containers, transport vehicles
or facility equipment which are or are believed to be contaminated with medical
waste.
4. The provision and
required use of personal protective equipment for persons manually loading or
unloading containers of medical waste on or from transport vehicles.
Contaminated protective equipment shall be disposed of as medical waste or
cleaned and decontaminated.
5. A
description of the means of decontamination of any person having had bodily
contact with medical waste while transporting the waste or while handling or
disposing of the waste. These procedures shall include decontamination
procedures and procedures for medical care.
6. A procedural plan for handling any
transportation incidents involving containers or vehicles transporting
commercial medical waste, including notification of the authorities as outlined
in Section VII.N, clean-up, and decontamination.
C. Each truck, trailer, semi-trailer, vacuum
tank, cargo tank or container used for transporting commercial medical waste
shall be designed and constructed and its contents so limited, that under
conditions incident to transportation, there shall be no release of medical
waste to the environment.
D.
Commercial medical waste may not be transported with other types of waste or
non-waste materials (with the exception of medical waste equipment and
supplies) and the cargo body or compartment shall be separated by a solid
barrier from the driver and passengers.
E. All vehicle/trailer compartments in which
commercial medical waste is stored for transport shall remain locked at all
times except when loading and unloading.
F. All vehicles which transport commercial
medical waste shall carry, at a minimum, the following safety equipment:
1) Spill containment and clean-up kits
(designed for infectious waste and include at a minimum, absorbent material,
approved disinfectant in a sprayer capable of dispersing its charge in a mist
and in a stream, additional plastic medical waste bags that meet the
requirements of Section VI.B.2, boundary marking tape, scoop shovel, push broom
and bucket, protective eye covering and cloths, boots and gloves that are
designed for handling sharps).
2)
Emergency reflectors, triangles or flashing lanterns.
3) First aid kit.
4) Fire extinguisher.
5) Spill management procedures and operation
plan.
G. All vehicles
transporting commercial medical waste shall be marked with letters or symbols
four inches tall on a contrasting color background as "MEDICAL
WASTE" or "INFECTIOUS SUBSTANCE" or "BIOMEDICAL
WASTE" or the universal biohazard symbol as listed in Section VI.C.3. a.
on the two sides and back of the cargo carrying compartment, unless prohibited
by the U.S. DOT.
H. All vehicles
which transport commercial medical waste shall be covered by insurance having a
public liability limit of at least one million dollars ($1,000,000.00).
Companies providing insurance coverage must have received authority from the
Arkansas Insurance Department to conduct business in the state. If a company is
self-insured, a letter from the Arkansas Department of Finance and
Administration is required, certifying the company is self-insured under the
Safety Responsibility Act, Ar. Code. Ann. Section
27-19-107. A copy of the insurance
provider's certificate of insurance coverage with a certificate for
notification of cancellation to the Health Department is required. Thirty (30)
days prior of insurance cancellation, notice must be sent to the
Department.
I. Commercial medical
waste transporters shall deliver commercial medical waste for storage,
treatment and/or disposal only to a facility that is permitted by the
Department as a medical waste storage, treatment and/or disposal (TSD) facility
or an incineration facility permitted by the ADEQ or to a facility located out
of the state that is permitted by the appropriate state agency having
jurisdiction to accept such waste.
J. A fee of five dollars ($5.00) a ton is
required for all commercial medical waste that originates or terminates in
Arkansas. Methods of determining the weight of commercial medical waste and
associated fees are as follows:
1. Weight
determination - in all cases weights must be verifiable. Accurate weight
tabulation in pounds must be kept monthly on a per vehicle or customer basis.
Estimates of container weights derived from the container's cubic feet are not
permissible. Weights of the medical waste may be determined as follows:
a. Net weights of trailer or vehicle loads of
medical waste may be determined by subtracting the weight of the empty
vehicle/trailer from the total weight of the trailer/vehicle and load contents;
or
b. Net weights of trailer or
vehicle loads may be determined by scale tickets, manifest/tracking papers, or
other like documentation; or
c.
Where a trailer/vehicle load of medical waste is mixed with medical waste not
originating or terminating in the state and not subject to the fee,
manifests/tracking papers for the medical waste not subject to the fee or
documented customer weights must be used to verify that portion of the load.
The sum of the weights of all containers in a load minus the portion not
subject to the fee must be verified by scale tickets, manifest/tracking papers,
or other like documentation; and
d.
The required documentation must be kept for three (3) years from the time of
transport and must be made available to the Department upon request.
2. Fees - The commercial medical
waste transporter must pay a fee of five dollars ($5.00) per ton of waste
transported. The fee is calculated by multiplying the fee per ton by the weight
of the waste as determined in Section V ll.J.l.a.b. or c in pounds divided by
two thousand (2000). The division should be carried to the second decimal and
rounded to the nearest tenth as follows:
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here to view image
Weight tabulations and fees are calculated each calendar
quarter. Weight tabulations and fee payment for the previous quarter are due
forty-five (45) days from the end of the quarter. Quarters are based on the
periods January 1 to March 31, April 1 to June 30, July 1 to September 30, and
October 1 to December 31. Payments are to be made to the Medical Waste Disposal
Program.
K.
Commercial medical waste transporters shall keep a log of their daily pick-up
from generators of commercial medical waste. The log must show at a minimum,
the name and address of the generator, date, weight (pounds) and the final
destination. Manifests/tracking papers must accompany all shipments of
commercial medical waste. Log records and manifests/tracking papers shall be
kept on file for three (3) years and must be made available upon request. The
commercial medical waste transporter shall provide the medical waste generator
with a copy of the manifest/tracking paper at the time of transfer of the
medical waste. The requirements of the manifest/tracking document are as
follows:
1. The name, address, telephone
number, and signature of a representative of the medical waste
generator.
2. The name, address,
phone number, permit number, and signature of the commercial transporter upon
receipt of the waste. If additional transporters are used, the same information
on any additional transporters is also required.
3. The name, address, telephone number, and
signature of a representative of the facility receiving the waste.
4. The weight (pounds) of commercial medical
waste transported.
The commercial medical waste transporter shall provide the
medical waste generator with a copy of the manifest/tracking paper after the
treatment, storage and/or disposal facility accepts the waste or treats the
medical waste, if requested. If the medical waste is going out of the state and
the receiving state has different requirements for a manifest/tracking paper,
the stricter of the state's requirements shall be used. In case of conflict,
the Department should be contacted for a determination of the requirements on
the manifest/tracking paper.
L. Vehicle Inspections - Commercial medical
waste transportation vehicles with a gross vehicle weight rating of greater
than ten thousand (10,000) pounds must pass an annual Federal Motor Carrier
Inspection.
M. All personnel
involved in the transport and handling of commercial medical waste shall be
properly trained in the identification, handling and transportation of medical
waste for their own protection and others. The commercial medical waste
transporter shall have a written training program. Training shall occur before
the initial job assignment and shall be repeated at least annually. Written
documentation is required of employee training. This training shall include,
but not be limited to, the following:
1.
Transporter's written operation plan/procedure and spill management plan as
outline in Section VII.B.
2.
Arkansas Department of Health's Rules and Regulations Pertaining to the
Management of Regulated Medical Waste from Health Care Related
Facilities.
3. OSHA
29 CFR
1910.1030 Bloodborne Pathogen Standard, as
applicable.
4. Mechanisms by which
disease transmission may occur.
5.
Proper use of protective measures to prevent contact with medical waste by both
the transporter and the public.
6.
Selection, use, and decontamination/disposal of appropriate protective
equipment.
7. Procedures to be
taken in the event of a transportation incident involving commercial medical
waste, including notification of the appropriate authorities as
outlined in Section VII.N.
N. All incidents involving the release of
medical waste to the environment or other incidents involving medical waste
shall be reported verbally as soon as possible but within twelve (12) hours to
the Department with a follow-up written report on forms provided by the
Department in five (5) working days from the incident. The Department shall be
notified at (501) 661-2621 or (501) 661-2000 during working hours and (501)
661-2136 after normal working hours.
O. Commercial Medical Waste Transporters
shall submit to the Department an annual summary report of their activities
from January 1 to December 31 of each year. The report shall be submitted no
later than March 1 of the year following the end of the reporting period. The
report shall include the following information on forms provided by the
Department:
1. Name(s) and address(es),
registration or permit numbers, and the amount of waste in pounds
deposited/unloaded at each facility in Arkansas where the medical waste was
deposited/unloaded.
2. The amount
of waste in pounds shipped into the state; the amount of waste shipped out of
the state; and the amount of waste shipped within the state.
3. For commercial medical waste generated in
Arkansas, the name and address of each generator for which commercial medical
waste is transported and the amount of commercial medical waste transported for
each generator may be required to be listed in the annual report.
P. Commercial medical waste shall
not be transferred between vehicles unless the transfer occurs at a generator's
facility or on the premises of transporter's facility or a permitted treatment,
storage or disposal facility except as listed below.
1. In case of transport vehicle malfunction,
the waste shipment may be transferred to an operational
vehicle and the Department shall be notified of the incident
verbally as soon as possible within twenty-four (24) hours and a follow-up
written report within five (5) working days. The incident report shall list all
vehicles involved in transporting the medical waste and the cause of the
vehicle malfunction.
2. In
case of a traffic accident, the waste shipment may be transferred to an
operating vehicle if necessary. If medical waste containers are damaged or
released to the environment, the procedures of the facility/transporter's
operation/spill plan shall be implemented immediately dependent on safety
factors. The reporting requirement is the same as outlined in Section
VII.N.
3. For transfer between
vehicles other than as listed in Section VII.P. 1 and 2 and not on the property
of the permitted commercial waste transporter or generator, the Department
shall be notified and approve of the transfer of medical waste before the
transfer takes place.
4. Permitted
medical waste transporters may apply to be approved for having a medical waste
transfer facility after providing the following items to the Department:
a. A completed and signed application on
forms provided by the Department.
b. Other documentation or information as
requested by the Department.
Q. Commercial medical waste shall not be
stored on the permitted medical waste transporter's property or at their
transfer facility for longer than ten (10) days without having a storage
facility permit as outlined in Section VIII, unless authorized by the
Department. Medical waste held on the transporter's site or transfer facility
for more than seventy-two (72) hours shall maintain a storage temperature of
forty-five (45) degrees Fahrenheit or less. Storage on the transporters
property shall also meet the requirements of Section VI.D.1, 2 and 3.
R. Commercial Regulated Medical Waste
Transportation permits are issued for a period of one year. Permits are
non-transferable.
S. Commercial
medical waste transporters shall notify the Department, by letter, within
fifteen (15) days of any changes to their registration if:
1. The office or place of business is moved
and/or the mailing address changes;
2. The name of registrant or owner of the
operation is changed;
3. The
name(s) of the partners, corporate directors, or corporate officers change;
or
4. New trucks or trailers that
were not originally listed on the permit application are added.
T. Revocation or denials of permit
procedures are as follows:
1. If the
commercial transporter has a history of non-compliance with any law or
regulation of this state or any other jurisdictions, particularly those
regulations pertaining to the protection of the environment and the protection
of the health and safety of the public, the Department may refuse to issue a
permit.
2. If a history of
non-compliance is discovered after a permit is issued, the Department may
require bonding as outlined in Section VII.U, modify the permit or revoke the
permit.
3. Examples of
non-compliance include, but are not limited to, the following:
a. Falsification of application or medical
waste manifest/tracking forms;
b.
Delivery of untreated medical waste to a facility not authorized to handle the
waste;
c. Failure to maintain
complete and accurate records as required in these Rules and
Regulations;
d. Failure to maintain
vehicles involved in the transportation of medical waste in safe working order
as evidenced by citations from the Arkansas State Police or Arkansas Highway
Police or local traffic law agencies. The Department may use the Motor Carrier
Management Information Carrier Operations and Safety Ratings (Safety Net) as a
compliance tool;
e. Failure to
comply with any rule or order issued by the Department pursuant to the
requirements of these rules and regulations;
f. Failure to submit an annual
report;
g. Failure to submit
required quarterly fees; or
h.
Illegal disposal of untreated or treated medical waste.
4. Procedures for filing a "Notice of
Contest" for violations cited by the Department are outlined in Section
IX.
U. As outlined in
Section VII.T, bonding may be required by the Department. The permittee will be
notified if bonding is required. Bonding requirements are as follows:
1. A non-accumulating surety bond in the
amount of one hundred thousand ($100,000.00) dollars must be procured. Proof of
bond procurement is required.
2.
Bonds will be forfeited for non-compliance with site clean-up or other major
non-compliance as determined by the Department.
3. Bonds can only be cancelled after thirty
(30) days written notice has been given to the Department. Lawsuits under the
bond must be brought to determination within one (1) year of filing.
V. To obtain a commercial medical
waste transportation permit, the commercial transporter shall submit at least
forty-five (45) days before the anticipation of the permit issue date and
thirty (30) days before the expiration date of an existing permit to the
Department, Medical Waste Program, each of the following.
1. An application fee of two hundred-fifty
dollars ($250.00).
2. A completed
and signed application on forms provided by the Department for a commercial
medical waste transportation permit.
3. Certification form provided by the
Department of a duly authorized representative of the company stating the
company understands and is/will be in full compliance with all applicable
portions of the following:
a. Department
Rules and Regulations Pertaining to the Management of Regulated Medical Waste
from Health Care Related Facilities.
b. OSHA
29 CFR
1910.1030 Bloodborne Pathogen Standard, as
applicable.
c. DOT Hazardous
Materials Regulations, 49 CFR Parts 171, 172, 173, and 178 in relationship to
medical waste, as applicable.
d.
DOT 49 CFR Parts 383 through 399, Federal Motor Carriers Safety Regulations, as
applicable.
4.
Certification by a duly authorized representative of the company on forms
provided by the Department that all vehicles transporting commercial medical
waste shall meet the requirements listed below.
a. Each truck, trailer, semi-trailer, vacuum
tank, cargo tank or container used for transporting medical waste shall be
designed and constructed and its contents so limited, that under conditions
incident to transportation, there shall be no release of medical waste to the
environment.
b. It is against the
policy of the company to transport commercial medical waste with other types of
waste or non-waste materials (with the exception of medical waste equipment and
supplies) and that the cargo body or compartment shall be separated by a solid
barrier from the driver and passengers.
c. All vehicle/trailer compartments, in which
medical waste is stored for transport shall remain locked at all times except
when loading and unloading.
5. A list of all vehicles and type of
containers to be used by the permittee for transporting commercial medical
waste shall be maintained. A copy of the registration paper for each
vehicle/trailer shall be submitted with the application and copies of all
required inspection documents as outlined in Section VII.L.
6. A written copy of the company's operating
plan for the handling and transport of commercial medical waste meeting the
requirements of Section VII.B is required with the permit application. For
renewal of the permit, the operating plan need be submitted only if changes
have occurred to the plan.
7. A
copy of the permit of an approved treatment, storage, or disposal facility to
which the medical waste is being transported is required with the
application.
8. A copy of the
transporter's training program is required with the application. For renewal of
the permit, the training program need be submitted only if changes have
occurred in the program.
9. Copies
are required with the permit application of any inspections, reviews, etc.,
conducted by any government agencies (federal, state or local) of the
transporter, transporter's equipment or personnel as related to commercial
medical waste during the preceding twelve (12) months. If no such inspections
or reviews exist, the transporter must reveal that fact.
10. A copy of the insurance provider's
Certificate of Insurance coverage is required, listing the Health Department as
certificate holder for cancellation notice or when self insured, a copy of the
letter from the Arkansas Department of Finance and Administration certifying
the company is self-insured.
11. A
copy of the Department issued Transfer Facility permit, as
applicable.
Section
VIII - Requirements for Commercial Medical Waste Treatment,
Storage and/or Disposal facilities (TSD) and Commercial Mobile Treatment
Systems
A. All commercial medical
waste treatment, storage and/or disposal (TSD) facilities and commercial mobile
treatment/disposal systems shall obtain a permit before construction or
modification begins (mobile systems may be already constructed). Commercial
medical waste incinerator facilities shall obtain an incinerator permit from
the ADEQ. Incineration facilities are not required to have a storage permit
(storage requirements will be outlined in the operating license). All other
commercial medical waste non-incinerator treatment, storage and/or disposal
facilities and mobile treatment/disposal systems shall obtain a permit from the
Health Department. In addition, all incineration and non-incineration
Treatment, Storage, and/or Disposal (TSD) facilities and mobile medical waste
treatment systems shall obtain an annual operating license from the Department
before storage, treatment and/or disposal begins (as outlined in Section
VIII.T). Facilities that were in operation before the effective date of these
regulations shall have ninety (90) days to obtain an operating license after
the effective date. Required fees for treatment/disposal shall begin upon
issuance of the operating license.
B. Pursuant to the Arkansas Code Annotated
Section 20-32-109, a proposed
non-incinerator medical waste Treatment, Storage, and/or Disposal (TSD)
facility will not be issued a permit for the construction or operation of a
facility in which any of the following factors are present:
1. The location of the facility is within a
"regulatory floodway" as adopted by communities participating in the National
Flood Program managed by the Federal Emergency Management Administration
Commission.
2. The location of the
facility overlies any portion of a significant surface or subsurface sand
aquifer or its primary recharge zone or high yield bedrock aquifer, as defined
by the Department.
3. The location
of the facility could pose a threat to fisheries, wildlife or other natural
resources or a sanctuary, refuge, preserve, critical habitat or fish
hatchery.
4. The location of the
facility does not comply with zoning regulations of the locality in which the
facility is proposed.
5. The
location of the facility is within the boundary of a state or federal park or
designated wilderness area.
C. At least thirty (30) days prior to
submitting a permit application for a TSD facility, the applicant shall have
completed the following:
1. A written
notification by certified mail to each property owner or resident of any
property adjacent to the proposed facility site; a copy must also be provided
to the Medical Waste Program.
2.
Publication of a public notice in the largest newspaper in each county where
the property is proposed for construction and in at least one newspaper with a
statewide circulation of the intent to apply for a commercial medical waste
treatment, storage or disposal permit to construct and operate the facility; a
copy must also be provided to the Medical Waste Program.
3. The Department shall be notified of a
facility's intent to apply for a permit application before initiating the
requirements of Section VIII.C. 1 and 2.
D. All proposed treatment techniques (with
the exception of incineration) shall be approved by the Department and meet the
following levels of microbial inactivation.
1.
Inactivation of representative samples of mycobacteria, at a level of 6 log 10
(99.9999%) reduction or greater, as determined by the Department.
2. Inactivation of Geobacillus
stearothermophilus endospores or Bacillus atrophaeus endospores at a level of 4
log 10 (99.99%) reduction or greater, as determined by the Department.
After the Department approves the proposed technology, on-site
treatment efficacy testing is required before an operation license is issued,
with the exception of incineration technologies. Total destruction technologies
must receive approval from the Department for the type, use, or waiver of
efficiency testing. One or more representative surrogate microorganisms from
each microbial group shall be used in the treatment efficacy evaluation, unless
waivered by the Department. The Department shall determine the appropriate
microorganisms to serve as representative surrogate microorganisms. Protocols
developed for efficacy testing shall incorporate, as applicable, recognized,
standard procedures. Guidelines for testing and approval of medical waste
treatment technologies may be obtained from the Department. The Department
shall be notified at least twenty (20) working days before efficacy testing
begins.
E. No
person may operate a commercial medical waste incineration or non-incineration
treatment, storage and/or disposal facility or a mobile system, not to include
a POTW, without first obtaining an operating license from the Department. The
operating license will be issued for a period of one year. Storage capacity,
efficacy testing and operating rates will be outlined in the operating license.
The ADEQ may set the operating rates for incineration technologies. Procedures
for obtaining an operating license are outlined in Section VIII.T.
F. Commercial medical waste Treatment,
Storage, and/or Disposal (TSD) facilities can only accept medical waste from
permitted commercial medical waste transporters or primary generators. Mobile
treatment systems can only accept medical waste from the on-site generator or
its affiliated services, unless authorized by the Department to accept off-site
generated medical waste. Commercial medical waste must be accompanied with a
tracking paper/manifest that meets the requirements of Section VII.K in order
for a medical waste Treatment, Storage and/or Disposal (TSD) facility to accept
the waste unless being treated on-site by a mobile treatment system or
delivered by the primary generator.
G. Commercial mobile treatment systems shall
treat commercial medical waste only on the premises of the generation facility
or a designated location as approved by the Department.
H. Permitted storage facilities shall
maintain a storage temperature of forty-five (45) degrees
Fahrenheit or less for medical waste held for more than
seventy-two (72) hours and shall also meet the requirements of Section
VI.D.1.2. and 3.
I.
Treatment, Storage, and/or Disposal (TSD) facilities must prevent the unknowing
entry, and minimize the possibility of the unauthorized entry of persons into
the active portion of the facility by either an artificial or natural barrier
(e.g., a fence in good repair or a fence combined with a cliff) which
completely surrounds the active portions of the facility, and is at least seven
(7) feet tall for all facilities approved after the effective date of this
rule. Signs with the legend "Danger -Unauthorized Personnel Keep
Out" or the biohazard legend as listed in Section VI.C.3. a shall be
posted at each entrance to the active portion of a facility and at other
locations in sufficient numbers that may be seen from any approach to the
active portion. The signs shall be legible from at least twenty-five (25)
feet.
J. A fee of five dollars
($5.00) a ton is required for all commercial untreated medical waste that is
treated or disposed of in Arkansas. Methods of determining the weight of
commercial medical waste and associated fees are as follows.
1.
Weight determination - in all
cases weights shall be verifiable. Accurate weight tabulation in pounds must be
kept monthly on a per vehicle or transporter basis. Estimates of container
weights derived from the containers are not permissible. Weights of the medical
waste may be determined as follows:
a. Net
weights of trailer or vehicle loads may be determined by subtracting the weight
of the empty vehicle/trailer from the total weight of the trailer/vehicle and
load contents.
b. Net weights of
trailer or vehicle loads may be determined by scale tickets, manifest/tracking
papers, or other like documentation.
c. The required documentation shall be kept
for three (3) years from the time of receipt of the medical waste and shall be
made available to the Department upon request.
2.
Fees - The commercial medical
waste TSD facility shall pay a fee of five dollars ($5.00) per ton of medical
waste treated/disposed. The fee is calculated by multiplying the fee per ton by
the weight of the waste as determined in Section VIII.J.1. a. or b. in pounds
divided by two thousand (2,000). The division should be carried to the second
decimal and rounded to the nearest tenth as follows:
Click
here to view image
Weight tabulations and fees are calculated each calendar
quarter. Weight tabulations and fee payment for the previous quarter are due
forty-five (45) days from the end of the quarter. Quarters are based on the
periods January 1 to March 31, April 1 to June 30, July 1 to September 30, and
October 1 to December 31. Payments are to be made to the Medical Waste Disposal
Program.
K.
Logs/tracking papers - TSD facilities shall keep a log of their daily receipts
from generators and commercial transporters of medical waste. The log shall
show at a minimum, the name and address of the permitted transporter or
generator, transporter permit number, date of acceptance, weight (pounds) and
the final date of treatment/disposal. Manifests/tracking papers shall accompany
all shipments of commercial medical waste. Log records and manifests/tracking
papers shall be kept on file for three (3) years and shall be made available to
the Department upon request. The commercial medical waste Treatment, Storage
and/or Disposal (TSD) facility shall provide the medical waste generator or
permitted transporter, which ever delivers the medical waste, with
documentation of facility's receipt of the medical waste and/or treatment/
destruction after medical waste has been treated or disposed, if
requested.
L. All personnel
involved in the management, storage and treatment/disposal of commercial
medical waste shall be properly trained in the identification, handling and
safety requirements of medical waste for their own protection and others. The
commercial medical waste Treatment, Storage and/or Disposal (TSD) facility
shall have a written training program. Training shall occur before the initial
job assignment and shall be repeated at least annually. Written documentation
is required of employee training. This training shall include, but not be
limited to, the following:
1. Treatment,
Storage, and/or Disposal (TSD) facility's written operation plan/procedure as
outlined in Section VIII.T.8.
2.
Rules and Regulations Pertaining to the Management of Regulated Medical Waste
from Health Care Related Facilities.
3. Mechanisms by which disease transmission
may occur.
4. Requirements of
OSHA's
29 CFR
1910.1030 Bloodborne Pathogen
Standard.
5. Proper use of
protective measures to prevent contact with medical waste by both facility
personnel and the public.
6.
Selection, use, and decontamination/disposal of appropriate protective
equipment.
7. Procedures to be
taken in the event of an incident involving commercial medical waste, including
notification of the appropriate authorities and facility's implementation of
their contingency/spill management plan.
M. Equipment such as shredders, choppers,
etc., that have the potential to produce aerosols must be fully contained under
negative air pressure and exhausted through an HEPA filter.
N. Commercial medical waste Treatment,
Storage and/or Disposal (TSD) facilities and commercial mobile treatment
systems shall submit to the Department an annual summary report of their
activities from January 1 to December 31 of each year. The report shall be
submitted no later than March 1 of the year following the end of the reporting
period. The report shall include the following information on forms provided by
the Department.
1. Name(s) and address(es),
transportation or storage permit numbers, and the amount of waste in pounds
deposited/unloaded by each transporter, storage facility or generator that
transferred/unloaded medical waste to the facility or commercial mobile
system.
2. The amount of waste in
pounds treated/disposed on-site by the facility.
3. The amount of medical waste in pounds/tons
stored on-site that was not treated/disposed during the reportable
year.
O. To apply for a
permit, the commercial medical waste Treatment, Storage, and/or Disposal (TSD)
facility shall submit each of the following to the Department's Medical Waste
Program.
1. A completed and signed application
for a commercial medical waste Treatment, Storage, and/or Disposal (TSD)
facility or permit including the legal owner, proposed physical facility
address and mailing address and organization status of the applicant on forms
provided by the Department.
2. The
legal description of the property and a plot plan and area map.
3. Written process description and process
flow diagram sufficient in detail to provide the Department an understanding of
the process. A detailed description of the medical waste treatment equipment,
including manufacturer's instructions and equipment specifications, operating
procedures and conditions, including as applicable, treatment times,
temperatures, pressures, chemical concentrations and irradiation doses,
etc.
4. Proposed operating rates
including the type and amount of commercial medical waste to be treated, stored
or disposed and proposed maximum operating hours per day, hours per month, days
per week and weeks per year.
5.
Detailed engineering and architectural construction documents and
specifications of the facility and equipment. Documents and specifications must
be reviewed and bear the seal of an Arkansas registered architect or
engineer.
6. Certification forms
provided by the Department that the facility will comply with the
Arkansas Mechanical Code, the Arkansas Fire Code, the Arkansas
Plumbing code and the National Electrical Code.
7. Documentation showing the requirements of
Section VIII B, 1-5 and C, 1 and 2 has been met.
8. Documentation demonstrating that the
treatment method meets microbial inactivation as outlined in Section VIII. D, 1
and 2 and required testing protocols, including a detailed description of the
test procedures and calculations used in fulfilling designated performance
standards verifying efficacy of user verification methodology, and of microbial
culturing protocols that ensure traceability, purity and concentration on forms
provided by the Department.
9.
Documentation for occupational safety and health assurance by describing the
medical waste treatment equipment's safety systems such as warning signals,
operating zone restrictions, lock out procedures and personal protection
equipment requirements.
10.
Documentation of all point and non-point source discharges from the facility or
facility's equipment. Appropriate permit applications for those discharges must
be submitted, as applicable, or letters from the ADEQ indicating the applicable
permits are not required.
11. A
description of waste residues generated (i.e., liquid, solid, shredded,
hazardous constituents), waste designation (i.e., general, special, hazardous),
disposal mechanisms and recycling efforts, if anticipated.
12. A copy of the facility's proposed closure
plan outlining the methods to meet the requirements of Section X.A.4 and
B.
13. Other documentation or
information as requested by the Department.
The Department may levy up to one hundred dollars ($100.00) per
hour not to exceed five thousand dollars ($5,000.00) for permit application
processing costs incurred by the Department. All costs imposed by the
Department, such as outside consultants, will be documented and submitted on a
billing form.
P.
Commercial mobile treatment/disposal systems must meet the following
requirements to receive a permit.
1. The
requirements of Section VIII.D (microbial inactivation).
2. The requirements of Section VIII.O. 4, 5,
9, 10, and 13.
3. Documentation of
all point and non-point source discharges from the mobile equipment. Copies of
all appropriate permit applications for those discharges must be submitted, as
applicable, or letters from the ADEQ or other regulatory agencies indicating
the applicable permits are not required.
4. A description of waste residues generated
(i.e., liquid, solid, shredded, hazardous constituents), waste designation
(i.e., general, special, hazardous), disposal mechanisms and recycling efforts,
if anticipated.
5. Other
documentation or information as requested by the Department.
Q. Before any substantial changes
can be made at a commercial non-incineration medical waste treatment, storage,
and/or disposal (TSD) facility or a commercial mobile treatment system, a
modification permit application must be issued. Substantial changes include,
but are not limited to, change in the treatment/disposal method, major changes
to the process rates and equipment, change of ownership or change of location
(change of treatment location for mobile systems is not considered a
substantial change). Permits are non-transferable. To apply for a permit
modification, the commercial non-incineration medical waste Treatment, Storage
and/or Disposal (TSD) facility or mobile treatment system owner shall submit
each of the following to the Department's Medical Waste Disposal Program.
1. A notice of intent, signed by an
authorized representative of the company, on forms provided by the
Department.
2. Detailed engineering
and architectural construction documents and specifications of all substantial
changes to the facility and/or equipment. Documents and specifications must be
reviewed and bear the seal of an Arkansas registered architect or
engineer.
3. Cases of location
change (with the exception of commercial mobile units) will require Section
VIII B. 1-5 and C, 1 and 2 to be met.
4. Cases where the treatment or disposal
techniques change will require Section VIII.O. 9, 10, 11 and 12 to be
met.
5. Other documentation or
information as requested by the Department.
The Department may levy up to one hundred dollars ($100.00) per
hour not to exceed five thousand dollars ($5,000.00) for permit modification
application processing costs incurred by the Department. All costs imposed by
the Department, such as outside consultants, will be documented and submitted
on a billing form.
R. Before a permit or permit application for
a non-incinerator commercial medical waste Treatment, Storage and/or Disposal
(TSD) facility is granted, the following conditions will be met by the
Department.
1. Notice by certified mail to
the mayor of the city and the county judge of the county(ies) where the
property is the subject matter of the permit application is located.
2. A public hearing shall be held in the
county(ies) in which the facility is to be located.
S. The Department may cancel a permit or
modification permit if construction or modifications are not begun within
eighteen (18) months from the date of the permit or if construction or
modification is suspended for eighteen months or more from the date of permit
issuance.
T. To apply for an
operating license, the commercial medical waste Treatment, Storage, and/or
Disposal (TSD) facility or mobile treatment system shall submit each of the
following to the Department's Medical Waste Program.
1. An annual fee of two hundred fifty
($250.00) dollars which includes the operating license annual fee for a mobile
treatment system fleet operated by an applicant.
2. A completed and signed application for a
commercial medical waste Treatment, Storage and/or Disposal (TSD) or mobile
treatment system operating license which includes the legal owner(s), proposed
physical facility address, mailing address and organization status of the
applicant on forms provided by the Department. For mobile treatment systems,
the facility's address where on-site treatment will occur must be
included.
3. The legal description
of the property and a plot plan and area map, unless previously submitted to
the Department or operation as a mobile on-site treatment system.
4. Written process description and process
flow diagram sufficient in detail to show the processes used in managing
medical waste.
5. Proposed
operating rates including the type and amount of medical waste to be treated,
stored or disposed and proposed maximum operating hours per day, hours per
month, days per week and weeks per year.
6. For a commercial medical waste incinerator
Treatment, Storage and/or Disposal (TSD) facility, a copy of an incineration
permit issued by the ADEQ.
7.
Certification forms provided by the Department of a duly authorized
representative of the company stating the company understands and is/will
comply with all applicable portions of the following:
a. Department Rules and Regulations
Pertaining to the Management of Regulated Medical Waste from Health Care
Related Facilities.
b. OSHA
29 CFR
1910.1030 Bloodborne Pathogen Standard, as
applicable.
8. A written
operating plan/procedure for the handling, treatment, storage and disposal of
medical waste. The following plan/procedure shall include the following:
a. A method of receiving and handling medical
waste separately from other waste until treatment/disposal which prevents
unauthorized persons access to or contact with the waste.
b. A method of unloading and processing the
medical waste which limits the number of persons handling the waste and
minimizes the possibility of exposure of employees and the public to medical
waste.
c. A method of
decontaminating emptied reusable medical waste containers, transport vehicles
or facility equipment which are or are believed to be contaminated with medical
waste. Note -all transport cargo compartments, facility equipment or other
items shall be disinfected when contaminated or when it is believed to be
contaminated. All disinfectants shall meet the requirements of Section VI.F.3.
b.
d. The provision and required
use of personal protective equipment for persons manually unloading or handling
containers of medical waste. Contaminated protective equipment shall be
disposed of as medical waste or cleaned and decontaminated.
e. A description of the means of
decontaminating any person having had bodily contact with medical waste while
transporting, managing, treating or disposing of the waste.
f. Procedures to be followed in the event an
individual(s) has bodily contact with medical waste. These procedures shall
include decontamination procedures and procedures for medical care.
g. Procedures to be followed in response to
equipment failure, utility failure, fire, explosion, spills, leaks, and/or
releases which could threaten public health or the environment.
SECTION IX -
INSPECTIONS OF MEDICAL WASTE GENERATORS, COMMERCIAL MEDICAL WASTE
TREATMENT, STORAGE, OR DISPOSAL (TSD) FACILITIES, COMMERCIAL MOBILE TREATMENT
SYSTEMS, COMMERCIAL TRANSPORTERS OF MEDICAL WASTE
A. The Department is authorized to conduct
inspections of generators, transporters, medical waste treatment, storage
and/or disposal (TSD) facilities, and mobile treatment systems where commercial
medical waste is generated, transported, stored, treated, destroyed, disposed,
transferred or otherwise managed.
B. The inspections may be announced or
unannounced. The inspection may include the taking of photographs, samples, and
copies of records and/or any other information relevant to the management of
medical waste. Biological monitoring may be conducted. Inspections shall be
conducted during the facility's normal business hours unless the Department
determines an immediate inspection is necessary to protect the public
health.
C. A written report of the
inspection findings, recommendations and required corrective action including
any proposed time frames will be provided to an authorized representative of
the facility within forty-five (45) working days of the conclusion of the
inspection. The inspection reports are subject to the Freedom of Information
Act.
D. If, in the opinion of the
Medical Waste Program, apparent violations of other applicable regulations
(OSHA, DOT, EPA, ADEQ, etc.) are of a serious nature, the appropriate agency
will be contacted and notified of the inspection results.
E. The facility will have fifteen (15)
working days from receipt of the inspection report in which to file a "Notice
of Contest" of all or any portion of the inspection results. This notice shall
be sent to the Medical Waste Program. The notice shall state which part(s) of
the inspection results are in contention and provide supporting documentation
for any reasoning contrary to the inspection results.
F. If a "Notice of Contest" is filed, the
Medical Waste Program shall schedule a conference with an authorized
representative of the facility to review the facts and discuss any further
recommendations or requirements.
G.
Final appeal of a ruling by the Medical Waste Program may be made to the
Arkansas Board of Health. Notice of the appeal must be made within fifteen (15)
working days after the conclusion of the conference as outlined in F
above.
H. Failure to correct
violations of this regulation or regulations of other agencies (OSHA, DOT, EPA,
ADEQ, etc.) shall be grounds for review of the facility/company's permit. This
may result in additional permit requirements, bonding as outlined in Section
VII.U, monetary penalties, or revocation of the permit.
I. The length of time responsible parties
shall keep records required is automatically extended in the event a regulatory
agency initiates an enforcement action, for which those are relevant. For the
purpose of these regulations, relevant records are those which reference or
refer to the matter subject to the enforcement action. In such cases, the
parties shall keep relevant records until the conclusion of the enforcement
action.
SECTION X -
CLOSURE OF COMMERCIAL REGULATED MEDICAL WASTE TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
A. A minimum of
ninety (90) days prior to closure of any facility in which commercial medical
waste was either treated, stored or disposed, a "Notice of Closure" shall be
submitted to the Department. The "Notice of Closure" shall include the
following:
1. Proposed date of
closure.
2. Current inventory of
untreated and treated medical waste currently on-site.
3. Date of last shipment of medical waste to
be received by the facility.
4.
Proposed methods of decontamination of equipment, treatment areas, and air
systems related to the treatment areas, buildings, etc., including planned
quality control/quality assurance procedures to verify the absence of
pathogenic organisms.
5. Projected
date decontamination will begin and end. The Department shall be notified
twenty (20) working days in advance of the decontamination procedures. Failure
to notify the Department shall result in the requirement to re-decontaminate
the facility.
B. Wastes
generated during decontamination of facility equipment, treatment areas,
buildings, etc., which potentially became contaminated with medical waste must
be treated as medical waste. All other wastes not regulated as medical must be
handled and disposed in accordance with the ADEQ regulations and/or any local
ordinances, as applicable.
C. Upon
final closure, the Department will review all quality control/quality assurance
data to verify the absence of pathogenic organisms and conduct an on-site
inspection. When all conditions of clean closure have been completed to the
satisfaction of the Department, a letter of Clean Closure will be provided to
the facility/company.
SECTION
XI - RESPONSIBILITY
Any person generating, transporting, treating, storing or
disposing of medical waste, unless exempted as outlined in Section V, or
transporting or treating, storing, and/or disposing of commercial medical waste
shall be responsible for compliance with these rules and regulations and all
other federal, state and local laws related to medical waste.
A.
1. Any
person who is convicted of illegally dumping medical waste in violation of Act
883 of 1977, the "Arkansas Litter Act", shall be guilty of a Class C
misdemeanor and the penalties for such shall be those established under the
Arkansas Criminal Code.
2. Persons
found to have committed the prohibited acts as listed in XI.A.1. in furtherance
of or as a part of a commercial enterprise, shall be guilty of "commercial
littering" and as such shall be guilty of a Class A misdemeanor and the
penalties shall be those prescribed under the Arkansas Criminal Code.
Additionally, those convicted may be required to remove any litter disposed in
violation of Act 883 of 1977.
3.
When the Department is notified of the presence and location of illegally
dumped or abandoned medical waste, an investigation will be conducted in an
effort to determine the responsible party. If the offender is identified, it
will be the offender's responsibility to properly dispose of the waste and
conduct any decontamination as required. In instances where responsibility
cannot be determined, the Department will be responsible for arranging the
appropriate clean-up, disposal, and any decontamination of the area by properly
trained and protected personnel. If the responsible party is identified after
the Department has properly decontaminated the area and disposed of the medical
waste, the responsible party shall be liable for all costs incurred in addition
to any penalties, as applicable.
B.
1. Any
person who violates any provision of these regulations concerning commercial
medical waste non-incineration TSD facilities shall be guilty of a felony. Upon
conviction, that person shall be subject to imprisonment for not more than one
year and a fine of not more than twenty-five thousand dollars ($25,000) or
both.
2. In addition, any person
who violates any provision of these regulations concerning commercial medical
waste non-incineration TSD facilities may be subject to a civil penalty by the
Board of Health. The penalty shall not exceed ten thousand dollars ($10,000)
for each violation.
3. Any person,
carrier, or any officer, employee, agent, or representative thereof, while
operating any vehicle transporting medical waste, or which is authorized to
transport medical waste, who shall violate any of the regulations, including
safety regulations, prescribed or hereafter prescribed by the Arkansas State
Highway Commission pursuant to the provisions of Title 23 of the Code or who
shall violate any regulation of the Department of Health which specifically
relates to the transportation of medical waste, shall be deemed guilty of a
misdemeanor. Upon conviction, that carrier, or office, employee, agent, or
representative thereof, shall be fined not more than five hundred dollars
($500.00) for the first offense and not less than five hundred dollars
($500.00) nor more than one thousand dollars ($1,000.00) for any subsequent
offenses.
4. Violations of any
provision of these regulations for commercial medical waste may be grounds for
permit modifications, restrictions, bonding or termination of the permit as
outlined in Section VII.T.
5.
Pursuant to Arkansas Code Annotated,
20-32-105, the Arkansas State
Police and the enforcement officers of the Arkansas Highway Police Division of
the Arkansas State Highway and Transportation Department are authorized to stop
vehicles suspected of transporting commercial medical waste to assure that all
required permits for transporting commercial medical waste have been obtained
and to enforce all laws and regulations relating to the transportation of
commercial medical waste. The enforcement officers of the Arkansas State
Highway and Transportation Department are authorized to conduct vehicle safety
inspections of those vehicles transporting or intending to be utilized to
transport commercial medical waste, to inquire into the history of any safety
or equipment regulation violations of the transporter in any state, and to
advise the Department of Health of the results of such inspections and
inquiries.
NOTE: Transporters, mobile treatment systems and
facilities that treat, store and/or dispose of commercial medical waste must
have a permit from the Department (Incineration facilities must obtain an
incinerator permit from the ADEQ). All facilities that treat, store and/or
dispose of commercial medical waste must have an operating license. Application
forms and information may be obtained by contacting the Arkansas Department of
Health's Medical Waste Program, 4815 West Markham, Slot 32, Little Rock, AR
72205-3867 Phone (501) 661-2621.
TABLE I
METHODS FOR TREATMENT AND DISPOSAL OF
REGULATED MEDICAL WASTE
Any one of the treatment methods listed for a given type of
waste may be used; however, a disposal method is generally dependent on the
treatment method used. Alternate technologies or technologies not listed below
shall receive approval from the Department for the types of waste approved for
treatment and disposal methods. The Department may grant approval in writing
for treatment methods not approved below. For addition information, contact the
Medical Waste Program at (501) 661-2621.
METHODS FOR
TREATMENT
Type of Regulated
Medical Waste
|
Incineration
|
Sterilization
|
Disinfection
Thermal or
Chemical
|
Discharge To POTW
|
Encapsulation
|
Other
|
(1) PATHOLOGICAL
WASTES
|
(a) Material from surgical, obstetric, dental, autopsy
and laboratory procedures
|
(i) Body parts, bones
|
A
|
C
|
(ii) Teeth
|
A
|
A
|
C
|
(iii) Tissues, fetuses, organs
|
A
|
C
|
(b) Laboratory specimens -blood and tissues
|
A
|
A, B
|
A, B
|
B
|
B
|
(c) Spontaneous human abortion products
|
A
|
C
|
(d) Anatomical human remains
|
C
|
C
|
(2) LIQUID/DRIED
BLOOD
|
Blood, blood components and products; regulated body
fluids
|
A
|
A, B
|
B
|
B
|
B
|
(3) CONTAMINATED
ITEMS
|
Sponges, cotton rolls, gloves, dressings, wraps
|
A
|
A
|
A
|
(4) MICROBIOLOGICAL
WAS
|
TES
|
Cells and tissue cultures, stocks of infectious
agents
|
A
|
A
|
A
|
(5) CONTAMINATED
SHARPS
|
Needles, scalpels, broken glass, breakable
containers
|
A
|
A
|
A
|
A
|
(6) VETERINARY
WASTE
|
A
|
A
|
A
|
A
|
(7) TRACE CHEMO
WASTE
|
Masks, empty drug vials, gloves, gowns, IV tubing,
empty IV bags/ bottles
|
A
|
A
|
A
|
A
|
(8) SPILL/CLEAN-UP
WASTE
|
A
|
A
|
A
|
A
|
(9) TRAUMA SCENE
WASTE
|
A
|
A
|
A
|
A
|
METHODS FOR DISPOSAL
A. Managed in such a manner that final
disposition shall be a sanitary landfill in accordance with the most current
ADEQ Solid Waste Management Codes. Liquids are prohibited in solid waste
landfills.
B. Discharge at the
health care related facility into a POTW.
C. Interment in accordance with mortuary
regulations and may involve cremation service.
MEDICAL WASTE RELEASE AND ACCIDENT REPORT
All incidents involving the release of medical waste to the
environment or other incidents/accidents involving commercial medical waste
shall be reported verbally as soon as possible but within twelve (12) hours to
the Department with a follow-up written report on this form in five (5) working
days from the incident as required by the Rules and Regulations Pertaining to
the Management of Medical Waste from Generators and Health Care Related
Facilities. The Department shall be notified at (501) 661-2621 or (501)
661-2000 during working hours and (501) 661-2136 after normal working
hours.
I.
Information relating
to the transporter, handler, treatment storage and/or disposal (TSD) facility
or mobile treatment system:
1. Company
Name: _______________________________________________________
2. Mailing Address:
_______________________________________________________
3. Company Owner:
_______________________________________________________
4. Contact Person on Matters Related to
Regulatory Compliance:
Name:
__________________________________________________________________
Telephone #:
_____________________________________________________________
5. Contact Person for Emergencies:
Name:
__________________________________________________________________
Telephone Number:
_______________________________________________________
II.
Information Related to
the Release or Accident:
6. Date of
the Release/Accident: _____________________________________________
7. Time of the Release/Accident:
_____________________________________________
8. Amount and Type of Medical Waste Involved:
_________________________________________
_________________________________________
9. Location of the Release/Accident:
________________________________________________________________________
____________________________________________
10. Description of the
Release/Accident:
11. Description
of Clean-up & Decontamination:
12. Name and Address of Employees (and any
other persons) involved in the Cleanup Efforts:
13. Company Official Completing this
Release/Accident Report:
Name & Title:
___________________________________________________________
Signature:
_______________________________________________________________
Date:
___________________________________________________________________
Mail or Fax Completed Report To:
Arkansas Department of Health
Medical Waste Program
4815 W. Markham, Slot 32
Little Rock, AR 72205-3867
Phone (501) 661-2621 Fax (501) 280-4090
This is to certify that the foregoing Rules and Regulations
Pertaining to the Management of Medical Waste from Generators and Health Care
Related Facilities were adopted by the Arkansas State Board of Health at a
regular session of said Board in Little Rock, Arkansas on the
25th day of July, 2013.
____________________________________________
Nathaniel Smith, MD, MPH
Interim Director and State Health Officer
Arkansas Department of Health