Current through all regulations passed and filed through March 18, 2024
(A) Applicability.
(1) The owner or operator of an infectious
waste treatment facility that is exempt from the permit and licensing
requirements as detailed in sections
3734.02 and
3734.05 of the Revised Code
shall comply with paragraphs (B) and (E) of this rule.
(2) The owner or operator of an infectious
waste treatment facility that is required to obtain an annual operating license
in accordance with section
3734.05 of the Revised Code
shall comply with paragraphs (C), (D) and (E) of this rule.
(3) The owner or operator of an infectious
waste treatment facility that maintains a solid waste license with an
infectious waste notation in accordance with section
3734.05 of the Revised Code,
shall comply with paragraphs (C), (D) and (E) of this rule. Closure
requirements shall pertain only to infectious waste operations.
[Comment: The owner or operator of an infectious waste
treatment facility that has a solid waste license with an infectious waste
notation and no longer wishes to treat infectious wastes will be required to
perform closure. The facility will be able to continue to manage solid wastes
and the infectious waste notation will be removed from the license on the next
renewal date.]
(4) The
owner or operator of an infectious waste treatment facility that has multiple
infectious waste treatment units and ceases treating infectious wastes by any
treatment unit and still maintains infectious waste treatment by the remaining
infectious waste treatment units shall not be subject to this rule.
(B) The owner or operator of any
infectious waste treatment facility described in paragraph (A)(1) of this rule
that permanently ceases treating infectious wastes or physically removes the
infectious waste treatment unit shall comply with the following:
(1) Within seven calendar days of the date
that the facility ceased to treat infectious wastes, a notification shall be
sent to Ohio EPA by submitting an "Amended Infectious Waste Generator
Registration Certificate Application Form" pursuant to rule
3745-27-36
of the Administrative Code.
(2) Not
later than thirty days after the facility has ceased to treat infectious waste,
thoroughly clean all waste handling facilities, equipment, and areas on the
premises where infectious waste was handled, managed or stored. Thorough
cleaning of an infectious waste treatment facility shall include, at a minimum,
the following actions:
(a) All areas of the
facility including, but not limited to, all containers, equipment, machines,
floors and facility surfaces that were in contact with untreated infectious
wastes at any time during the operation of the facility shall be washed or
otherwise subjected to procedures that substantially reduce or eliminate any
remaining constituents or contaminants derived from contact with infectious
wastes using one of the following approved disinfectants:
(i) A U.S. EPA registered hospital
disinfectant that is also tuberculocidal, for a contact time as specified by
the manufacturer.
(ii) An unexpired
dated stabilized bleach product that is a U.S. EPA registered hospital
disinfectant that is also tuberculocidal, for a contact time as specified by
the manufacturer.
(iii) A minimum
ten per cent sodium/potassium hypochlorite solution prepared immediately prior
to use with a minimum of thirty minutes of contact time.
(b) Remove and properly dispose of any quench
pit or water tank residue and liquids remaining at the facility.
(c) Maintain the facility management plan, as
required by paragraph (I) of rule
3745-27-32
of the Administrative Code at the closed treatment facility for three years. An
alternative location may be approved by Ohio EPA.
(C) Closure is mandatory for all
infectious waste treatment facilities described in paragraphs (A)(2) and (A)(3)
of this rule when:
(1) The facility owner or
operator notifies Ohio EPA in writing that the facility will permanently cease
treating infectious waste.
(2) The
infectious waste treatment facility ceases to treat infectious wastes. However,
closure is not mandatory for a period of one year after ceasing to treat
infectious wastes if there is a reasonable likelihood that normal operations
will resume at the infectious waste treatment facility during the year.
(3) The infectious waste treatment
facility license has expired, and the owner or operator has not applied for a
renewal license in the manner prescribed in Chapter 3745-37 of the
Administrative Code.
(4) The
infectious waste treatment facility license has expired and a renewal license
has been applied for and denied as a final action.
(5) The infectious waste treatment facility
license has been revoked as a final action.
(D) The owner or operator of an infectious
waste treatment facility described in paragraph (A)(2) or (A)(3) of this rule
shall perform the following actions:
(1) If
the facility is closing for reasons outlined in paragraph (C)(1) or (C)(2) of
this rule:
(a) Provide written notice, by
certified mail or any other form of mail accompanied by a receipt, thirty days
prior to the date that the facility will cease treating waste, to the approved
local health district and the appropriate Ohio EPA district office.
(b) Concurrently, send written notice by
certified mail or any other form of mail accompanied by a receipt, thirty days
prior to the date that the facility will cease treating waste, to all
registered infectious waste transporters who have utilized the facility in the
past six months.
(2) If
the facility is closing for reasons outlined in paragraphs (C)(3), (C)(4), and
(C)(5) of this rule, not later than seven days after the final action, the
owner or operator shall send written notice by certified mail, or any other
form of mail accompanied by a receipt, to all registered infectious waste
transporters who have utilized the facility in the past six months.
(3) Not later than fourteen days after the
facility has ceased to accept infectious waste, all untreated infectious wastes
shall be removed from the facility and transported to an authorized treatment
facility.
(4) Not later than thirty
days after the facility has ceased to accept infectious waste for treatment,
thoroughly clean all waste handling facilities, equipment, and areas on the
premises where infectious waste was handled, managed, or stored. For purposes
of this rule, thorough cleaning of an infectious waste treatment facility, at a
minimum, shall include the following actions:
(a) All areas of the facility including, but
not limited to, all containers, equipment, machines, floors, and facility
surfaces that were in contact with untreated infectious wastes at any time
during the operation of the facility shall be washed or otherwise subjected to
procedures that substantially reduce or eliminate any remaining constituents or
contaminants derived from contact with infectious wastes using one of the
following approved disinfectants:
(i) A U.S.
EPA registered hospital disinfectant that is also tuberculocidal, for a contact
time as specified by the manufacturer.
(ii) An unexpired dated stabilized bleach
product that is a U.S.EPA registered hospital disinfectant that is also
tuberculocidal, for a contact time as specified by the manufacturer.
(iii) A minimum ten per cent sodium/potassium
hypochlorite solution prepared immediately prior to use with a minimum of
thirty minutes of contact time.
(b) Remove and properly dispose of any quench
pit or water tank residue liquids remaining at the facility;
(c) Maintain the facility management plan, as
required by paragraph (I) of rule
3745-27-32
of the Administrative Code at the closed treatment facility for three years. An
alternative site may be approved by Ohio EPA.
(d) Post signs so they are easily visible at
all points of access leading into the facility, stating that the facility is
closed for all infectious waste treatment activities. The signs shall be
maintained in legible condition for not less than six months after closing the
facility. The text of the signs, in letters not less than three inches high,
required by this paragraph shall state as follows:
"This facility is closed for infectious waste treatment."
The following text shall be included on the signs, in letters
not less than one inch high, as required by this paragraph:
"The unauthorized disposal of infectious wastes at this
facility constitutes open dumping which is a violation of Chapter 3734. of the
Revised Code. Whoever recklessly violates Chapter 3734. of the Revised Code may
be guilty of a felony, punishable by a fine of at least ten thousand dollars
but not more than twenty-five thousand dollars or imprisoned for at least two
years but not more than four years, or both."
(E) Closure certification. Not
later than thirty days after completing the requirements as specified in this
rule or before the closed facility may be converted to other uses, whichever
occurs first, the owner or operator shall submit to the appropriate Ohio EPA
district office and to the board of the approved local health district, written
certification that the facility has been closed in accordance with this rule.
The final closure certification shall be signed and notarized by the owner or
operator. The signature on the document shall constitute personal affirmation
that all statements and all assertions of fact made in the document are true,
accurate, include all required information, and comply fully with applicable
rules.
Effective:
07/05/2007
R.C. 119.032 review dates: 03/05/2007 and 07/05/2012
Promulgated Under: 119.03
Statutory Authority:
3734.021
Rule Amplifies: 3734.021, 3734.05
Prior
Effective Dates: 12/25/98