Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Management plan application.
Persons required by part
7035.9130 to have an approved
management plan shall comply with items A to E.
A. A management plan submitted to the
commissioner for approval must provide the information listed in part
7035.9130 and be signed.
B. An existing facility owner or operator or
a commercial transporter shall submit a management plan within 45 days of the
adoption of parts
7035.9100 to
7035.9150.
C. A facility owner or operator or commercial
transporter that begins the transport, storage, decontamination, or disposal of
infectious waste after adoption of parts
7035.9120 to
7035.9150 shall submit to the
commissioner a copy of the management plan before initiating the handling of
the infectious waste.
D. A
generator that also incinerates infectious waste shall submit a management plan
for incineration activities in addition to any plan required by the Minnesota
Department of Health.
E. A facility
owner or operator that has an approved management plan shall update and
resubmit a plan every two years. The updated plan must be submitted at least 30
days before the expiration date of the plan.
Subp. 2.
Certification fees.
Management plans prepared by facility owners or operators
that store, decontaminate, or dispose of infectious waste, other than at the
facility that generates the infectious waste, or a management plan prepared by
a facility owner or operator that incinerates onsite at a hospital must be
submitted to the commissioner with the certification fee required under
Minnesota Statutes, section
116.79,
subdivision 4.
Subp. 3.
Commercial transporter registration.
Commercial transporters must register with the commissioner.
To obtain registration, the commercial transporter must comply with the
requirements of subpart
1. Registered transporters
shall receive registration cards to be kept in each single unit vehicle or
trailer and at the address identified as the principal place of business. The
vehicle identification number must be displayed as required in part
7035.9120, subpart
4, item D, subitem
(1).
Subp. 4.
Exemption from commercial transporter registration.
Exemption from registration does not include exemption from
the packaging and labeling requirements of part
7035.9120, subpart
1. The following are exempt
from commercial transporter registration requirements:
A. generators that transport their own
infectious waste to an approved facility;
B. a generator that provides
not-for-compensation or at cost infectious waste collection and transport
services for other generators;
C.
groups of generators that provide not-for-compensation infectious waste
collection and transport services for the group; and
D. persons who provide collection and
transportation of sharps for households as part of the feasibility study
required by Laws 1989, chapter 337, section 10.
Subp. 5.
Transporter registration
fees.
Management plans prepared by commercial transporters of
infectious waste must be submitted to the commissioner with the registration
fee required under Minnesota Statutes, section
116.80,
subdivision 3.
Subp. 6.
Signatories to management plans.
All management plans must be signed by the following
persons:
A. for corporations, by an
executive officer, or an agent or representative of the executive officer if
the agent or representative is responsible for the implementation and
evaluation of the management plan; and
B. for a municipality, or state, federal, or
other public agency, either an executive officer or a ranking elected official
and the individual responsible for the implementation and evaluation of the
management plan.
Subp.
7.
Duration of management plan.
A management plan is effective for two years after the date
of plan approval unless enforcement actions result in the revocation of the
plan.
Subp. 8.
Review
and approval or denial of management plans.
A. All management plans shall be reviewed for
completeness by the commissioner. If the management plan is incomplete, the
commissioner shall promptly advise the signatory of the incompleteness. Further
processing of the management plan may be suspended until the necessary
information is supplied.
B. A
management plan shall be approved if the plan is determined to be complete and
consistent with these parts. A letter of approval signed by the commissioner
shall be sent to the applicant upon approval of the plan. Part
7001.0100, subparts
4 and
5; and 7001.0110 do not apply
to these approvals. Approval under this part is not a permit under chapter
7001. Nothing in this part exempts facilities or generators from applicable
agency permit requirements and compliance with agency rules.
C. Approval shall be denied if the plan does
not comply with these parts and other applicable state or federal laws or
rules.
Statutory Authority: MS s
116.07;
116.75
