W. Va. Code R. § 64-56-9

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

Section 64-56-9 - Transportation

9.1. This section applies to all transportation of infectious medical waste over roads or highways within West Virginia, regardless of point of origin or intended disposal, except as specified in Sections 9.2 and 9.3 of this rule.

9.2. A small quantity generator may transport his or her infectious medical waste to a permitted infectious medical waste management facility, or may arrange for transport by his or her employee as follows:

9.2.a. An employee who transports the infectious medical waste shall be trained in the proper handling of infectious medical waste as required by this rule; and

9.2.b. The infectious medical waste shall be delivered within forty-five (45) days of its generation, or

9.2.c. Via the U.S. postal service or other commercial delivery services, if the requirements set by that agency are met.

9.3. A generator that transfers infectious medical waste on- site shall be exempt from Sections 9.9, 9.10, 9.11 and 9.12 of this rule: Provided, that:

9.3.a. On-site transfer of infectious medical waste is covered in the infectious medical waste management plan; and

9.3.b. No off-site infectious medical waste is knowingly and routinely accepted for on-site transfer.

9.4. No person shall knowingly receive for transportation any infectious medical waste that is not packaged and labeled in accordance with Section 6 of this rule.

9.5. A transporter shall deliver infectious medical waste in West Virginia only to a permitted in-fectious medical waste management facility. Transporters of infectious medical waste out of state shall transport it to a facility permitted by the receiving jurisdiction.

9.6. All vehicles transporting infectious medical waste shall be prominently identified while transporting the infectious medical waste with the following, except for vehicles used as specified in Sections 9.2 and 9.3 of this rule:

9.6.a. The international biohazard symbol;

9.6.b. The words "infectious medical waste", or "biomedical waste", or "biohazard" or "regulated medical waste";

9.6.c. The number of the transporter's permit issued by the Secretary; and

9.6.d. If applicable, a placard in accordance with United States Department of Transportation requirements. Removable signs are acceptable.

9.7. Vehicles that transport infectious medical waste:

9.7.a. Shall include a cargo-carrying portion that shall be closed and secured except when loading or unloading infectious medical waste to prevent unauthorized access and exposure to wind and precipitation;

9.7.b. Shall be designed and constructed so as to minimize any spillage;

9.7.c. Shall be cleaned and disinfected following leakage or spills as provided in Section 6.2.g.3 of this rule;

9.7.d. Shall be cleaned and disinfected prior to using the conveyance for any other purpose as provided in Section 6.2.g.3 of this rule; and

9.7.e. Shall not be used to transport food, foodstuffs, food additives, food containers or any substances to be ingested by people or animals or applied to food or feed simultaneously with the transport of infectious medical waste.

9.7.f. Separate, removable cargo-carrying containers are acceptable and if used, Sections 9.7.a through 9.7.e of this rule shall apply to the containers in lieu of the entire vehicle.

9.8. All vehicles transporting infectious medical waste shall carry a spill containment and cleanup kit as required by Section 7 of this rule in the vehicle whenever infectious medical waste is conveyed. Spills of infectious medical waste during transportation shall be managed as required by Sections 7.5 and 7.6 of this rule. Any spill of fifty (50) pounds or more shall be reported as soon as possible to the employer and the Secretary. Direct physical contact of the transport vehicle or equipment with infectious medical waste shall be considered and managed as a spill.

9.9. No person shall transport infectious medical waste in West Virginia for another who does not possess a permit issued by the Secretary, and, if applicable, valid authority issued by the public service commission. Permits issued by the Secretary shall not be transferable or assignable and shall automatically become invalid upon a change of ownership or upon suspension or revocation.

9.10. An application for a permit to transport infectious medical waste shall be made in writing to the Secretary on a form prescribed by the Secretary. The application form shall be signed by the applicant or his or her authorized representative. The application shall contain at a minimum the following:

9.10.a. The applicant's name;

9.10.b. The business and email addresses and telephone numbers of the applicant, including both headquarters and local office;

9.10.c. The number of vehicles being permitted to transport infectious medical waste within West Virginia;

9.10.d. A description of the vehicles being permitted;

9.10.e. The name of any person or firm other than reported in Section 9.10. of this rule that is associated with the applicant or any other name under which that person or firm does business;

9.10.f. The name of any other person or firm using any of the same vehicles and operators;

9.10.g. The name and telephone numbers of a person who may be contacted in the event of an accident or spill;

9.10.h. Verification that the applicant has established a program of and is providing training for employees involved in the transportation of infectious medical waste as required by this rule; and

9.10.i. Designation of the treatment facilities to be used.

9.11. The application shall be accompanied by a fee per transport vehicle according to the fee schedule shown in Table 64-56 A found at the end of this rule. An application for renewal shall be submitted with the fee thirty (30) days prior to the expiration date of an existing permit.

9.12. Once the application has been approved by the Secretary, and upon verification that the applicant has been duly authorized by the public service commission, if applicable, a permit for the number of vehicles on the application shall be issued to the applicant. All transport vehicles shall display the decal provided by the public service commission as required by the commission. The original permit issued by the Secretary shall be kept in the transport vehicle at all times.

9.13. Permits for transport vehicles issued after the effective date of this rule will expire at midnight on the 31^st day of December following the date of issuance.

9.14. Upon request, the transporter shall provide the Secretary with information needed for the investigation of the handling of particular infectious medical waste including, but not limited to, the names, addresses and telephone numbers of transporters from or to whom the transporter has received or transferred infectious medical waste and infectious medical waste management facilities and generators with which the transporter has a contract or agreement for services.

9.15. All infectious medical waste transport vehicles shall be subject to inspection by the Secretary without prior notice to evaluate compliance with this rule.

W. Va. Code R. § 64-56-9