N.J. Admin. Code § 7:26-3A.16

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:26-3A.16 - General requirements for regulated medical waste generators, transporters, collection facilities, intermediate handlers and destination facilities

(a) A generator, transporter, collection facility, intermediate handler or destination facility that generates a medical waste, as defined in 7:26-3A.5 and who is located in New Jersey, or that stores, transfers, transports, treats, destroys or disposes of, or otherwise manages medical waste in New Jersey shall determine if that waste is a regulated medical waste.

(b) A generator, transporter, collection facility, intermediate handler or destination facility that either treats and/or destroys and disposes of regulated medical waste on-site (for example, incineration, burial or sewer disposal covered by Section 307(b)-(d) of the Clean Water Act,) or any generator, transporter, collection facility, intermediate handler or destination facility that neither treats nor destroys regulated medical waste on site but disposes of regulated medical waste via sewer disposal in compliance with all applicable Federal, State, county and local statutes, rules and ordinances is not subject to tracking requirements for that waste but is subject to all other applicable requirements, including, but not limited to, the generator reporting, registration, all fee requirements of this subchapter and the following conditions:

1. Bulk blood, body fluids and small amounts of pathological wastes that are liquefied or suspended in liquids, or have passed through the filters in alternative or innovative technologies may be disposed of in sanitary sewer, septic or municipal sewer system in accordance with Section 307(b) through (d) of the Clean Water Act.

2. Nonbiological regulated medical waste (for example, plastic blood bags, gauze bandages and similar substances) shall not be disposed of in a sanitary sewer, septic or municipal sewer system except for very minute amounts of such wastes that may escape retention on filters in alternative or innovative technologies designed to capture the insoluble waste particles in order to prevent their disposal into the sewer system.

(c) Vessels at port in New Jersey are subject to the requirements of this subchapter for those regulated medical wastes that are transported ashore in New Jersey. The owner or operator of the vessel and the person(s) removing or accepting waste from the vessel are considered co-generators of the waste.

(d) Any person offering regulated medical waste for transport shall use transporters that meet the requirements of 7:26-3A.27(c), unless the transporter is a generator meeting the requirements of 7:26-3A.17(a) or unless the transporter is the U.S. Postal Service and the requirements of 7:26-3A.17(b) are met.

(e) Persons shall dispose of regulated medical waste only with a registered intermediate handler, at a registered destination facility, a regulated medical waste sanitary landfill permitted in accordance with 7:26-3A.18, a resource recovery facility authorized to accept such waste and permitted in accordance with N.J.A.C. 7:26-2, or a facility in another state authorized to accept such wastes by such state. Shipments to out-of-State facilities shall be made in accordance with 7:26-3A.28, 3A.46 and 3A.48.

(f) A generator receiving regulated medical waste from other generators for transfer to a facility for treatment, destruction or disposal is considered a collection facility for the purposes of this section, except:

1. Any generator generating regulated medical wastes in the ordinary course of business and receiving home self-care medical waste for management in accordance with 7:26-3A.16(h).

(g) Any generator generating regulated medical waste in the ordinary course of business and operating a noncommercial collection facility, an intermediate handler facility or a destination facility registered pursuant to this chapter, is not subject to the requirements at N.J.A.C. 7:26-16 or 16A.

(h) A generator generating regulated medical waste in the ordinary course of business, transporters, collection facilities, intermediate handlers or destination facilities may accept home self-care medical waste for management in accordance with the following requirements:

1. The generator, transporter, collection facility, intermediate handler or destination facility receiving the home self-care medical waste shall maintain a list of all persons delivering the home self-care medical waste, including such person's name, address, and telephone number, and the dates and the number of the medical waste containers received.

2. Containers shall meet the packaging requirements for regulated medical waste at 7:26-3A.11. Coffee cans, glass or soft thin-walled plastic bottles are not acceptable containers for collection and transportation of used or unused syringes. All containers shall be clearly labeled with the universal biohazard symbol or the words, "Home Self-Care Medical Waste."

3. The home self-care medical waste, after receipt, shall be managed in compliance with the requirements for regulated medical waste in this subchapter in addition to the following specific requirements:

i. For reporting purposes, home self-care medical waste shall be considered regulated medical waste by the person accepting it for disposal;

ii. Collected home self-care medical waste shall be transported in compliance with this subchapter;

iii. A person that offers home self-care medical waste for off-site treatment, destruction, or disposal shall use the tracking form required by 7:26-3A.19;

iv. Packaged cardboard shipping boxes in which containers of home self-care medical waste is transported shall be labeled with the universal biohazard symbol or the words, "Home Self-Care Medical Waste";

v. The tracking form shall be prepared in accordance with all State standards, except that Box 14 on the tracking form shall contain the words "Home Self-Care Medical Waste." Box 14 shall be used to identify the total number of containers shipped and total quantity (in net or gross mass, capacity, or as otherwise appropriate), including the unit of measurement (for example, lbs., gal., Kg., or L) of the shipment;

vi. Treatment and destruction shall be in accordance with this subchapter. A separate log shall be maintained to record the total number of containers and total quantity (in net or gross mass, capacity, or as otherwise appropriate), including the unit of measurement (for example, lbs., gal., Kg., or L) of home self-care medical waste treated and destroyed.

(i) No person shall install or use any alternative or innovative technology, or any modification thereof, for the treatment and/or destruction of regulated medical waste unless such technology or modification has been approved and authorized by the Department and DOH for such purpose pursuant to 7:26-3A.47.

(j) No person shall abandon regulated medical waste on any public or private property or cause regulated medical waste to be abandoned. For the purpose of this section, "abandoned" means the intentional or unintentional placement, discard or loss of regulated medical waste in any area outside of the direct control of the person generating, transporting, managing, or disposing of the waste.

N.J. Admin. Code § 7:26-3A.16

Amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
In (a), (b), and (d), specified the applicable medical waste generators; added (b)1 and (b)2; and added (e) through (j).
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
In (b), substituted "any generator, transporter, collection facility, intermediate handler or destination facility" for "person" following the reference to the Clean Water Act and inserted "neither treats nor destroys regulated medical waste on site but" preceding "disposes of regulated medical waste via sewer disposal"; in (h)3v and vi, substituted "quantity (in net or gross mass, capacity, or as otherwise appropriate), including the unit of measurement (for example, lbs., gal., Kg., or L)" for "weight".
Amended by R.2005 d.223, effective 7/5/2005.
See: 36 New Jersey Register 4602(a), 37 New Jersey Register 2497(a).
In (e), updated the N.J.A.C. reference.