N.J. Admin. Code § 7:26-3A.27

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26-3A.27 - Transporters

(a) The requirements of N.J.A.C. 7:26-3A.27 through 3A.37 apply to transporters and collection facilities, including generators that transport their own waste, and owners and operators of transfer facilities engaged in transporting regulated medical waste that is generated, stored, transferred, treated, destroyed, disposed of, or otherwise managed in New Jersey.

(b) The requirements of (a) above shall not apply to on-site transportation of regulated medical waste.

(c) No person shall engage or continue to engage in transportation of regulated medical waste in New Jersey unless:

1. They register as a regulated medical waste transporter in accordance with N.J.A.C. 7:26-3A.8;

2. They register as a solid waste transporter in accordance with N.J.A.C. 7:26-3.2, pay fees in accordance with N.J.A.C. 7:26-4, and comply with the requirements of N.J.A.C. 7:26-3.1, 3.4, 3.7, and 16; and

3. They obtain a certificate of public convenience and necessity as required by N.J.S.A. 48:13A-6;

(d) Generators of less than three cubic feet (50 pounds) of regulated medical waste per month that meet the requirements of N.J.A.C. 7:26-3A.17(a) are exempt from the requirements of (c) above.

(e) Generators, such as a hospitals or doctors, that generates regulated medical waste in the ordinary course of business and transports such regulated medical waste only among facilities that such generators wholly owns and operates are exempt from the requirements of (c) above, provided:

1. The generator files an affidavit with the Bureau of Registration in the Department verifying its limited transporter status;

2. The generator transports the regulated medical waste to a registered noncommercial treatment and destruction facility or a collection facility, wholly owned and operated by the generator; and

3. Pays the annual generator's noncommercial transporter fee pursuant to N.J.A.C. 7:26-3A.8.

(f) A transporter of regulated medical waste shall also comply with applicable requirements of N.J.A.C. 7:26-3A.16, 3A.18, 3A.20, 3A.21, 3A.22, 3A.23 and 3A.39, when it consolidates two or more shipments of regulated medical waste onto a single regulated medical waste tracking form.

(g) Transporters shall also comply with the pre-transport requirements of N.J.A.C. 7:26-3A.10 through 3A.15 if they:

1. Store regulated medical waste in the course of transport; or

2. Remove regulated medical waste from a reusable container; or

3. Modify packaging of regulated medical waste.

(h) Persons transporting regulated medical waste through New Jersey, when roadways and highways in New Jersey constitute a segment of such vehicle's route, are exempt from the requirements of (c) above, provided:

1. Transportation is completed in less than 24 hours, unless mechanical breakdown occurs and repair is necessitated;

2. Regulated medical waste is not collected, treated, transferred, or destroyed or disposed of in New Jersey;

3. Regulated medical waste is packaged, stored, labeled and marked in accordance with any applicable Federal law and regulations and with the requirements at N.J.A.C. 7:26-3A.11, 12, 15, and 16;

4. Containers of regulated medical waste are securely locked at all times during transit through New Jersey; and

5. The owner and/or operator of the vehicle transporting such waste is licensed in accordance with all applicable Federal law and regulations and all applicable law and regulations of the state of licensing of the owner and/or operator.

(i) Regulated medical waste transporters registered with the Department pursuant to N.J.A.C. 7:26-3, 3A, 16 and 16A that transport regulated medical waste of New Jersey origin may retain regulated medical waste in a transportation vehicle for up to 14 consecutive calendar days provided the waste does not become putrescent or emit any odors. If the regulated medical waste becomes putrescent, or emits any odors, the transporter shall dispose of the waste immediately.

(j) Regulated medical waste shall not be removed from or be transferred between vehicles by transporters or other persons unless the site of transfer is authorized as a solid waste transfer station for regulated medical waste pursuant to this chapter, or is registered and operating as a regulated medical waste collection facility pursuant to N.J.A.C. 7:26-3A.39.

(k) Regulated medical waste transported in New Jersey shall be transported in accordance with all applicable Federal regulations including, but not limited to, 49 C.F.R. Parts 171 - 180 as amended and supplemented.

N.J. Admin. Code § 7:26-3A.27

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), inserted reference to collection facilities; deleted (c)4, requiring EPA notification; inserted new (e); recodified former (e) and (f) as (f) and (g); in (f), amended N.J.A.C. references; and added (h) 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).
Added (k).