Chapter NR 526

NR 526.055(3)(b) (b) An incinerator regulated by the department under chs. NR 664 and 665 or regulated by another state as an incinerator that burns hazardous waste.

NR 526.055 Note Note: The NIOSH “Hazardous Drug Alert” lists hazardous drugs, including chemotherapy drugs, by name and gives guidance on containment, labeling, handling, storage and disposal.

NR 526.055 History History: CR 05-020: cr. Register January 2006 No. 601, eff. 2-1-05; correction in (1) (c), (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register April 2013 No. 688.

NR 526.06 NR 526.06 Source separation.

NR 526.06(1) (1) No person may mix infectious waste in the same bag or waste receptacle with solid waste which is not infectious waste, unless mixing the wastes is necessary to protect the health or safety of patients, employees or other persons.

NR 526.06(2) (2) No person may separate infectious waste from solid waste which is not infectious waste unless adequate measures are taken to protect waste handlers and other persons from exposure. After separation, solid waste previously mixed in the same bag or waste receptacle with infectious waste shall be managed as infectious waste.

NR 526.06(3) (3) No person may remove solid waste or infectious waste that has been placed in a bag or waste container labeled with the biohazard symbol or fail to manage the waste as infectious waste from the time of generation until the waste has been treated according to s. NR 526.11, unless the person follows waste management procedures which will protect waste handlers and other persons from exposure.

NR 526.06(4) (4) No person may transport solid waste and infectious waste on the same cart or vehicle unless the wastes are in separate and identifiable bags or waste containers. If the wastes are transported on any roads, the requirements of ss. NR 502.06 and 526.10 shall also be met.

NR 526.06 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94.

NR 526.07 NR 526.07 Containment. No person may transport infectious waste from the property where the waste was generated unless the person puts the waste in a container which protects waste handlers and other persons from exposure to the infectious waste and the person meets all of the following requirements:

NR 526.07(1) (1) Sharps shall be contained in rigid, puncture-resistant labeled containers made of materials including but not limited to metal or rigid plastic, designed to prevent the loss of the contents and labeled with a visible bio- hazard emblem or with the visible words “bio-hazard”, “sharps” or “infectious waste”.

NR 526.07(2) (2) Infectious waste other than sharps shall be contained according to all of the following:

NR 526.07(2)(a) (a) The waste shall be placed in a single plastic bag that meets or exceeds 165 grams resistance by the ASTM method D1709-04 and is tear resistant using method ASTM method D1922-03a, or, if necessary, a double bag that meets the same standards, or a rigid reusable container.

NR 526.07 Note Note: These testing methods are entitled “Standard Test Methods for Impact Resistance of Plastic Film by the Free-Falling Dart Method” and “Standard Test Method for Propagation Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method” respectively. Copies are available for inspection at the central office of the department of natural resources and the offices of the secretary of state and the legislative reference bureau. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959 USA, www.astm.org, phone number 610-832-9585.

NR 526.07(2)(b) (b) The bag or rigid reusable container shall be securely sealed to prevent leakage or expulsion of the contents under normal handling.

NR 526.07(2)(c) (c) Any bag containing infectious waste shall be placed in a rigid container, including but not limited to a corrugated cardboard container, a covered reusable container or a covered cart. The rigid container shall be labeled with a visible bio-hazard emblem and the word “bio-hazard”. Bulk containers shall be small enough to be handled by a single person.

NR 526.07(3) (3) No person may open a secured container of infectious waste which is ready for transportation until immediately before treating the waste, unless repacking is necessary to prevent spills or leakage, or the person is conducting a waste audit or training session.

NR 526.07(4) (4) All reusable containers shall be disinfected after being emptied. No person may open, empty or clean a reusable sharps container by hand.

NR 526.07 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; am. (intro.), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (2) (a) and (c), r. (2) (d), cr. (4) Register January 2006 No. 601, eff. 2-1-06.

NR 526.08 NR 526.08 Handling. No person may handle, load, unload, process or treat infectious wastes unless adequate measures are taken to protect waste handlers and other persons from exposure to the infectious wastes and unless all of the following requirements are met:

NR 526.08(1) (1) All containers shall be handled and transported to prevent the loss or spilling of the contents.

NR 526.08(2) (2) Nuisance conditions shall be prevented from developing. Appropriate measures shall be taken to prevent odors, including but not limited to refrigerating the infectious waste below 42° Fahrenheit until treated.

NR 526.08(3) (3) All infectious waste shall be loaded and unloaded by hand or by a safe mechanical method which does not damage containers or spill their contents.

NR 526.08(4) (4) Untreated infectious waste may not be compacted.

NR 526.08 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; am. (2), Register, June, 1996, No. 486, eff. 7-1-96.

NR 526.09 NR 526.09 Storage and transfer. No person may store infectious wastes unless the person protects waste handlers and other persons from exposure to the infectious waste and unless the requirements of this section are met. For the purposes of this chapter, storage also includes, but is not limited to the transfer of infectious waste. Infectious waste generators may temporarily accumulate infectious waste in individual containers near the place where the waste was generated, prior to moving the waste to an on-site infectious waste storage facility.

NR 526.09(1) (1) Licensing. Except as provided in sub. (2), no person may operate or maintain an infectious waste storage facility unless the person has obtained an operating license for storing solid waste under s. NR 502.05 and the storage facility meets all the requirements for handling infectious waste under s. NR 526.08 and storing infectious waste under this section. The department may require that the owner or operator provide proof of financial responsibility for the removal, transportation, treatment and ultimate disposal of the stored material. To apply for an operating license for an infectious waste storage facility, the applicant shall take all of the following actions:

NR 526.09(1)(a) (a) Contact the department to arrange an initial inspection.

NR 526.09(1)(b) (b) Prepare a plan of operation according to sub. (3).

NR 526.09(1)(c) (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 will send an invoice for the plan review fee for infectious waste storage facilities, as specified in s. NR 520.04, Table 2.

NR 526.09(1)(d) (d) After obtaining a plan of operation approval from the department, submit an application form for the operating license and the license fee, according to ss. NR 500.06 and 520.04, Table 2.

NR 526.09(2) (2) Exemptions. Infectious waste storage facilities which meet any of the following conditions are exempt from the requirement to obtain an operating license under sub. (1) and preparing a plan of operation under sub. (3) for storing infectious waste, but shall meet the minimum operating requirements for storing infectious waste under sub. (4).

NR 526.09(2)(a) (a) Storage facilities which are located on the property where the infectious waste is generated.

NR 526.09(2)(b) (b) Storage facilities which are located on the property where the infectious waste is generated and which accept infectious waste from off-site generators, if the total quantity of infectious waste, including items mixed with infectious waste, accepted from off-site is less than the quantity generated on- site or less than 500 pounds per month, whichever is less and if the waste is accepted on a not-for-profit and cost-only basis.

NR 526.09(2)(c) (c) Sharps collection stations which comply with all of the requirements under sub. (5).

NR 526.09(2)(d) (d) Storage facilities for infectious waste which also is hazardous waste under s. 291.01 (7), Stats., provided that the storage facility is regulated under ch. NR 664.

NR 526.09(3) (3) Plan of operation. No person may establish or construct an infectious waste storage facility or expand an existing facility unless the person has obtained a plan of operation approval from the department or unless the facility is exempt from licensing under sub. (2). 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 502.05 (8), except s. NR 502.05 (8) (e), and any other details necessary to address the requirements in this chapter, including but not limited to requirements for handling and containment and the requirements of sub. (4).

NR 526.09(4) (4) Minimum requirements for all persons storing infectious waste. No person may operate or maintain an infectious waste storage facility unless the storage area meets all of the following requirements:

NR 526.09(4)(a) (a) The storage area shall be kept clean and be impermeable to liquids. Carpeted areas or wooden floors may not be used in storage areas.

NR 526.09(4)(b) (b) The storage area designated for infectious waste may contain only infectious wastes and their containers. The storage area may be an area designated within a room.

NR 526.09(4)(c) (c) The storage area shall be in an enclosed building, container or vehicle so that the infectious waste is not exposed to weather.

NR 526.09(4)(d) (d) Access to the storage area shall be limited to authorized personnel.

NR 526.09(4)(e) (e) Nuisance conditions shall be prevented from developing. Appropriate measures shall be taken to prevent odors, including but not limited to refrigerating the infectious waste below 42° Fahrenheit until treated.

NR 526.09(4)(f) (f) If the infectious waste is to be treated off-site, the operator of the infectious waste storage facility shall relinquish the infectious waste only to an infectious waste transporter licensed by the department or to a person exempt from licensing under s. NR 526.10 (2).

NR 526.09(4)(g) (g) The containers of infectious waste shall be removed and emptied as necessary, but at least every 90 days.

NR 526.09(4)(h) (h) The operator of the infectious waste storage facility shall keep records of how much and where the infectious waste has been sent off-site. Records may consist of any of the following: copies of infectious waste manifests, invoices, logs or other written documentation of the amount of infectious waste sent off-site for treatment.

NR 526.09(5) (5) Operating requirements for sharps collection stations. No person may operate or maintain a sharps collection station unless the person complies with all of the following requirements:

NR 526.09(5)(a) (a) The person accepts only sharps and sharps containers from infectious waste generators, each of which generates less than 50 pounds of sharps per month, including items which may be mixed with the sharps.

NR 526.09(5)(b) (b) The person provides the service on a not-for-profit and cost-only basis.

NR 526.09(5)(c) (c) The person stores no more than 500 pounds of infectious waste in the sharps collection station at any one time.

NR 526.09(5)(d) (d) The person complies with the requirements in ss. NR 526.06 to 526.08, 526.09 (4) (a) to (g), 526.10 (3) and 526.13.

NR 526.09(5)(e) (e) The person registers the sharps collection station with the department by mailing or delivering a letter of registration to the chief of the solid waste management section, bureau of solid and hazardous waste management, department of natural resources, P.O. Box 7921, 101 S. Webster Street, Madison, Wisconsin 53707-7921. The person shall also send copies of the letter to the appropriate department district and area offices. The letter of registration shall state all of the following:

NR 526.09(5)(e)1. 1. Name, street address, county and phone number, if any, of the place where the sharps collection station is located.

NR 526.09(5)(e)2. 2. Name, mailing address and phone number of person responsible for operating the sharps collection station.

NR 526.09(5)(e)3. 3. Name, mailing address and phone number of the owner of the sharps collection station, if different than the operator.

NR 526.09(5)(e)4. 4. Fees charged for use of the sharps collection station and what costs the fees cover.

NR 526.09(5)(f) (f) The person notifies the department immediately in writing if the sharps collection station moves or ceases to operate.

NR 526.09 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; am. (1) (c), (d), (3), (4) (e), (5) (e) 1., r. (5) (e) 4., renum. (5) (e) 5. to be (5) (e) 4., Register, June, 1996, No. 486, eff. 7-1-96; correction in (5) (d) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; correction in (2) (d) made under s. 13.93 (2m) (b) 7., Stats., Register April 2013 No. 688.

NR 526.10 NR 526.10 Transportation and shipping. No person may transport or ship infectious waste in Wisconsin unless adequate measures are taken to protect waste handlers, the public and the environment from exposure to the infectious waste, and all of the following requirements are met:

NR 526.10(1) (1) Licenses. Except as provided in sub. (2), no person may transport infectious waste or operate or maintain an infectious waste transportation service unless the person has obtained an infectious waste transportation license from the department for each vehicle and complies with both the minimum transportation requirements in sub. (3) and the operating requirements for licensed infectious waste transporters in sub. (4). To apply for an operating license, the applicant shall submit an application form and the infectious waste transportation license fee according to s. NR 520.04, Table 2.

NR 526.10(2) (2) Exemptions. Persons who meet any of the following conditions are exempt from licensing under this section, but shall meet the minimum requirements for transporting infectious waste in sub. (3):

NR 526.10(2)(a) (a) Persons transporting infectious waste only on private roads on the same property where the infectious waste was generated and using vehicles or covered carts owned or leased by the infectious waste generator.

NR 526.10(2)(am) (am) Persons transporting infectious waste only on private roads between the property where the infectious waste was generated and a contiguous property, and using vehicles or covered carts owned or leased by either the infectious waste generator and the owner of the contiguous property.

NR 526.10(2)(b) (b) Persons transporting less than 50 pounds of infectious waste per calendar month.

NR 526.10(2)(c) (c) Persons operating vehicles owned or leased by the United States postal service and handling infectious waste sent through the mail.

NR 526.10(2)(d) (d) Persons operating vehicles owned by a parcel carrier service for which infectious waste constitutes an incidental portion of the carrier’s business, if the infectious waste is handled in accordance with all applicable state and federal regulations.

NR 526.10(2)(e) (e) Persons transporting infectious waste through Wisconsin who are not stopping to collect, drop off or transfer the infectious waste, and who handle the infectious waste in accordance with all applicable state and federal regulations.

NR 526.10(2)(f) (f) Persons transporting infectious waste which is also a hazardous waste under s. 291.01 (7), Stats., provided that the transportation is regulated under s. 291.23, Stats., and ch. NR 663.

NR 526.10(3) (3) Minimum requirements for all persons transporting infectious waste. No person may transport infectious waste unless the person complies with all of the following minimum requirements:

NR 526.10(3)(a) (a) The infectious waste shall be contained according to the requirements of s. NR 526.07.

NR 526.10(3)(b) (b) The infectious waste shall be handled according to the requirements of s. NR 526.08.

NR 526.10(3)(c) (c) The vehicle used to transport the infectious waste shall meet all of the following requirements:

NR 526.10(3)(c)1. 1. The portion of the vehicle where the infectious waste is contained shall be completely enclosed to prevent littering, spillage or leakage. The enclosed portion shall be leak-resistant, if necessary, considering the type of waste and its moisture content. Roll-off boxes or dumpsters may not be used to transport infectious waste.

NR 526.10(3)(c)2. 2. The vehicle shall be maintained in good repair.

NR 526.10(3)(c)3. 3. The vehicle shall be cleaned as frequently as necessary to prevent nuisances.

NR 526.10(3)(c)4. 4. Nuisance conditions shall be prevented from developing. Appropriate measures shall be taken to prevent odors, including but not limited to refrigerating the infectious waste below 42° Fahrenheit until treated.

NR 526.10(3)(d) (d) The person shall transport the infectious waste only to solid waste facilities which are one of the following:

NR 526.10(3)(d)1. 1. Licensed by the department to store or treat infectious waste.

NR 526.10(3)(d)2. 2. Exempt from licensing by the department under the storage requirements in s. NR 526.09 (2) or under the treatment facility requirements in s. NR 526.12 (2) or are exempt from manifesting requirements under s. NR 526.14 (2), such as a registered sharps collection station.

NR 526.10 Note Note: Other transportation regulations, such as USDOT standards, may also apply. For more information, contact USDOT helpline at 1-800-467-4922.

NR 526.10(3)(d)3. 3. Facilities licensed or exempt by another state to store, incinerate or treat infectious waste.

NR 526.10(4) (4) Operating requirements for licensed infectious waste transporters. Infectious waste transporters which are required to be licensed by the department shall comply with all the following requirements in addition to those in sub. (3):

NR 526.10(4)(a) (a) Each vehicle shall have “WDNR” followed by the infectious waste transportation license number lettered on the driver’s and passenger’s doors. The letters shall be at least 2 inches high with a minimum of 1/2 inch brush stroke. The lettering shall contrast with the background so it is easy to read.

NR 526.10(4)(b) (b) Vehicles or containers used for the collection or transportation of infectious waste shall be durable and easy to clean.

NR 526.10(4)(c) (c) Each vehicle hauling infectious waste shall carry a written contingency plan for spills and accidents and shall carry tools and materials sufficient to implement the contingency plan. In case of spill or accident, the driver shall implement the contingency plan immediately after spillage occurs and follow the provisions of s. 292.11, Stats.

NR 526.10(4)(d) (d) The portion of the vehicle where the infectious waste is placed shall be cleaned and disinfected before hauling materials other than infectious waste, solid waste or supplies related to managing waste.

NR 526.10(4)(e) (e) The person transporting the infectious waste shall sign all manifests which accompany the infectious waste, even if the waste is exempt from manifesting under s. NR 526.14 (2), and deliver the manifests to the next person who handles the waste.

NR 526.10(4)(f) (f) If infectious waste is not accompanied by an infectious waste manifest, the person transporting the waste shall initiate an infectious waste manifest for that waste, unless the person transporting the waste hauls less than 50 pounds of unmanifested infectious waste per month.

NR 526.10(5) (5) Changes in service. Licensed infectious waste transporters shall notify the department in writing of all significant changes in service. The written notice shall be given to the department’s area or district office at least 30 days prior to the effective date of the change. If the change was not anticipated, the written notice shall be sent within 30 days after the change first occurred. Changes in service to individual clients or in the routes driven are not significant changes in service. All of the following actions are “significant changes in service”: