Current through August 26, 2024
(1) LICENSES. Except as provided in sub. (2),
no person may operate or maintain an infectious waste treatment facility unless
the person has obtained an operating license from the department under s.
NR 502.08 as a solid waste processing facility and the
facility meets all the requirements in this chapter for containing, handling,
storing and treating infectious waste. To apply for an operating license, the
applicant shall do all of the following:
(a)
Contact the department's district or area office as appropriate to arrange an
initial site inspection for the purpose of evaluating compliance with the
requirements of s.
NR 502.08(3).
(b) Prepare a plan of operation as described
in sub. (3).
(c) Submit the plan of
operation to the department for approval, according to the requirements in s.
NR 500.05. Upon receipt of the plan of operation, the
department shall send an invoice for the plan review fee for solid waste
processing facilities, as specified in s.
NR 520.04,
Table 2.
(d) After obtaining a plan
of operation approval from the department, submit an application form for the
operating license and the license fee for a solid waste processing facility,
according to ss.
NR 500.06
and 520.04, Table 2.
(2) EXEMPTIONS. Persons who operate the
following infectious waste treatment facilities are exempt from the
requirements for obtaining an operating license and submitting a plan of
operation for a solid waste processing facility, but shall comply with the
following specified requirements:
(a)
Individual infectious waste treatment facilities which are located on the
property where the infectious waste was generated and which treat less than 500
pounds of infectious waste per day. These treatment facilities may accept
infectious waste from other infectious waste generators if the waste is
accepted on a not-for-profit and cost-only basis. Persons operating these
infectious waste treatment facilities shall follow all the requirements in sub.
(4) for operating and testing the treatment unit and for keeping
records.
(b) Incinerators and
municipal solid waste combustors, which are regulated under s.
NR 502.09 or 502.13. In addition to what is
required under those sections, persons operating incinerators and municipal
solid waste combustors shall follow the requirements in sub. (4) (a) and (c)
for operating an infectious waste treatment unit and for keeping
records.
(3) PLAN OF
OPERATION. Except as provided in sub. (2), no person may establish or construct
an infectious waste treatment facility or expand an existing facility unless
the person has met the applicable requirements of s.
NR 502.08 for solid waste processing facilities and has
obtained from the department a plan of operation approval and applied for an
operating license as a solid waste processing facility. The plan of operation
shall specify the intent and objectives of the proposal and indicate methods
and procedures to prevent and minimize adverse environmental and health
impacts. Unless otherwise approved by the department in writing, the plan shall
be submitted in accordance with s.
NR 500.05 and shall contain, at a minimum, the
information listed in s.
NR 502.08(3) to
(5) and any other details necessary to
address the requirements in this chapter, including but not limited to
requirements for handling, containment and storage and the requirements in
subs. (4) and (5).
(4) MINIMUM
REQUIREMENTS FOR ALL TREATMENT FACILITIES. No person may operate or maintain an
infectious waste treatment facility unless all of the following requirements
are met:
(a)
Operating. The
person shall demonstrate that the treatment unit renders infectious waste
non-infectious. The operator shall follow a written operational manual or
documented quality assurance procedures for operating the treatment unit. The
operational procedures shall be available to the operator at all times the
treatment unit is in operation.
(b)
Testing. At a minimum, the person shall ensure that a
qualified person tests the treatment unit at the frequency specified by the
manufacturer's instructions or after every 100 hours of operation, whichever is
more frequent. Test methods shall be appropriate for the treatment method and
shall be based on medically-accepted procedures and the manufacturer's
instructions. Acceptable test methods may be physical, chemical or
microbiological in nature, as appropriate for the treatment method.
(c)
Keeping records. The
person shall maintain an operating log for each treatment unit in the treatment
facility and retain the operating log for at least 3 years. If the 3-year
period expires during an unresolved enforcement action, the period is
automatically extended until resolution of the pending enforcement action. For
treatment units treating 50 pounds or more of infectious waste per month, the
operating log shall be kept for all test cycles and treatment cycles. For
treatment units treating less than 50 pounds of infectious waste per month, the
operating log shall be kept for test cycles only. The operating log shall
contain all of the following information for all test cycles and, if required,
treatment cycles:
1. Date.
2. Clock time of start of cycle.
3. Operating parameters, including any of the
following that apply to the treatment method being used: temperature, pressure,
type of disinfectant, concentration of disinfectant, duration of treatment
cycle and contact time.
4.
Approximate amount of waste treated by weight, unless this information has
already been recorded on an infectious waste manifest or USDOT shipping
paper.
5. Generator of waste
treated, if other than the owner or operator of the treatment facility, unless
the waste is accompanied by an infectious waste manifest or USDOT shipping
paper.
6. Results of any tests run
to verify disinfection.
(d)
Using manifests. Unless
USDOT regulations apply, when treating infectious waste which is accompanied by
an infectious waste manifest, the operator of an infectious waste treatment
facility shall certify that the infectious waste has been treated according to
s.
NR 526.11 by
doing all of the following:
1. The operator
shall sign the infectious waste manifest according to s.
NR 526.14(1) (b).
2. The operator shall send a copy of the
signed infectious waste manifest form along with the treated infectious waste
to the solid waste disposal facility where the waste is disposed. The
department may approve alternative procedures for certifying that waste has
undergone infectious waste treatment before being disposed.
3. Within 30 days of when the infectious
waste was treated, the operator shall return to the generator the signed
original infectious waste manifest form which certifies to the infectious waste
generator that the infectious waste has been treated according to s.
NR 526.11. The
department may approve alternative procedures for certifying that waste has
undergone infectious waste treatment.
(5) OPERATING REQUIREMENTS FOR LICENSED
TREATMENT FACILITIES. In addition to the requirements in sub. (4), persons who
operate infectious waste treatment facilities which are required to be licensed
as solid waste processing facilities under sub. (1) shall meet the requirements
in ss.
NR 502.08(6) to
(8), 502.04 and 502.05.
