W. Va. Code R. § 64-56-12

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-56-12 - Requirements Related to Manifests or Shipping Documents

12.1. Except as specified in Section 12.10. of this rule, the generator of infectious medical waste that is to be transported off-site for storage or treatment shall initiate a multi-part manifest or shipping document which is available from or approved by the Secretary.

12.1.a. If a multi-part written manifest or shipping document is utilized, copy three (3) shall be retained by the generator after acceptance by the transporter. Copy two (2) shall be retained by the transporter after acceptance by the treatment facility. Copy one (1) shall be retained by the treatment facility. The treatment facility shall forward the original to the generator as required by Section 12.8 of this rule.

12.1.b. If an electronic manifest or shipping document is utilized, the transporter shall provide the generator with a printed service receipt acknowledging that the transporter has accepted the waste from the generator and the date of acceptance. The transporter shall retain an identical printed service receipt throughout transport. Within fifty (50) days after the date the medical waste was accepted by the transporter, an electronic service receipt shall be made available to the generator. If the generator does not obtain access to an electronic service receipt within fifty (50) days after the date the medical waste was accepted by the transporter, the generator shall report this fact to the Secretary.

12.2. If the generator does not receive the completed manifest or shipping document from the treatment facility within fifty (50) days after the date the medical waste was accepted by the transporter, the generator shall report this fact to the Secretary.

12.3. A transporter who commingles loads shall initiate a new manifest or shipping document.

12.4. A transporter shall not accept infectious medical waste from a generator unless the waste is accompanied by a manifest or shipping document with the generator portion signed by the generator.

12.5. A transporter shall in the presence of the generator or, in the event of multiple transporters, in the presence of the previous transporter, sign the transporter portion of the manifest or shipping document and provide the generator or previous transporter with a signed copy of the manifest or shipping document.

12.6. An infectious medical waste management facility shall not accept more than fifty (50) pounds of infectious medical waste from a generator per month or any quantity of infectious medical waste from a transporter unless it is accompanied by a properly completed manifest or shipping document.

12.7. If a multi-part written manifest or shipping document is utilized, an infectious medical waste management facility shall, in the presence of the generator or transporter, complete the appropriate transport or storage, treatment or disposal facility portion of the manifest or shipping document, including a handwritten acceptance signature and date of acceptance, and immediately give a signed copy to the generator or transporter, with any discrepancies in information noted on the manifest or shipping document copy.

12.8. If a multi-part written manifest or shipping document is utilized, the infectious medical waste treatment facility shall record on the manifest or shipping document the date on which the shipment was received and accepted by the facility.

12.9. The infectious medical waste treatment facility shall keep one (1) copy of the completed manifest or shipping document as part of the facility operating record and, if a multi-part written manifest or shipping document is utilized, shall forward the original to the generator within seven (7) days after treatment.

12.10. Small quantity generators who elect to transport their own infectious medical waste are not required to use a manifest or shipping document, but shall meet the requirements in section 12.11 of this rule.

12.11. In instances when an infectious medical waste management facility accepts less than fifty (50) pounds of infectious medical waste from a small quantity generator, the facility shall maintain a log of such receipts which includes, at a minimum, the following:

12.11.a. The name and address of the generator;

12.11.b. The weight of the waste received;

12.11.c. The date of receipt of the waste; and

12.11.d. The signature of the person receiving the waste.

12.12. Manifests or shipping documents and logs shall be retained by all parties for a period of not less than three (3) years. The period of retention of records is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary. These records shall be available for inspection by the Secretary upon request.

12.13. Nothing in this rule shall prevent any hospital or other facility which receives infectious medical waste from any small quantity generator, including any ambulance company, from requiring a completed manifest or shipping document as more fully described in Sections 12.1 through 12.6 of this rule.

W. Va. Code R. § 64-56-12