NR 526.01NR 526.01 Purpose. The purpose of this chapter is to provide definitions, submittal requirements, exemptions and other general requirements relating to infectious waste management and medical waste reduction. This chapter is adopted pursuant to ss. 227.11 (2) (a), 287.03 (1) (a), 287.07 (7) and (8), 289.05 (1), 289.06 and 299.51 (3), Stats.

NR 526.02(1)(1) Except as otherwise provided, the infectious waste management rules apply to all persons generating, handling, storing, transporting, shipping, treating and disposing of infectious waste.

NR 526.02(2)(2) Except as otherwise provided, the medical waste reduction rules in this chapter apply only to medical facilities.

NR 526.02(3)(3) Except as otherwise provided, this chapter governs all solid waste facilities as defined in s. 289.01 (35), Stats., except hazardous waste facilities as defined in s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679; metallic mining operations for nonferrous minerals as defined in s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic mining operations for ferrous minerals as defined in s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats.

NR 526.02(4)(4) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste.

NR 526.02(5)(5) Except as otherwise provided, this chapter does not apply to the handling, transportation, treatment or disposal of animal carcasses, animal tissue, blood and body fluids from animals, or animal excreta. In cases where the requirements of this chapter conflict with the requirements of s. 95.50, Stats., concerning the disposition of animal carcasses, the provisions of s. 95.50, Stats., shall take precedence.

NR 526.02(6)(6) This chapter does not apply to medical waste mixed with radioactive material which is managed and disposed in a manner that does not violate the provisions of 10 CFR parts 20, 35, 60 and 61, and ch. DHS 157. Except as otherwise provided, this chapter shall apply after the radioactive component has decayed in storage as provided in 10 CFR 35.92 and ch. DHS 157 or is otherwise not regulated as radioactive material.

NR 526.02(7)(7) Any provision of this chapter which deals with occupational health and safety does not apply to a person who is subject to a federal standard for the same activity which is in effect under the federal occupational safety and health act of 1970 and standards promulgated thereunder by OSHA.

NR 526.02(8)(8) Any requirement of subch. II which deals with transportation of infectious waste does not apply to a person who is subject to a federal standard for the same activity established by the United States department of transportation in 49 CFR Parts 171, 172, 173, 177 and 178.

NR 526.02 HistoryHistory: Cr. Register, October, 1994, No. 466, eff. 11-1-94; corrections in (6) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 05-020: cr. (8) Register January 2006 No. 601, eff. 2-1-06; corrections in (3) and (6) made under s. 13.92 (4) (b) 7., Stats., Register April 2012 No. 688; CR 13-057: am. (3) Register July 2015 No. 715, eff. 8-1-15.

NR 526.04(1)(1) General exemptions. In special cases, the department may grant exemptions in writing from non-statutory requirements of this chapter. A person may apply for an exemption under this section by providing the department with a written request along with appropriate documentation which demonstrates to the satisfaction of the department that the proposal will not cause environmental pollution as defined in s. 299.01 (4), Stats., and will protect waste handlers and other persons from exposure to infectious waste. The department will send an invoice for the exemption request fee specified in s. NR 520.04, Table 2, upon receipt of the exemption request. In making its decision, the department shall take into account factors such as the population of the area being served, the amount of waste being generated, the design of the facility, the operational history of the facility, the physical and chemical characteristics of the waste and any other information which may be appropriate. The department may grant exemptions under this section if the department finds that granting the exemption will not cause environmental pollution as defined in s. 299.01 (4), Stats., and that the exemption will protect waste handlers and other persons from exposure to infectious waste.

NR 526.04(2)(2) Home generator exemptions. Home generators of infectious waste are exempt from the requirements of this chapter except the safety requirements applying to sharps under ss. NR 526.06, 526.07 (1), 526.08, 526.10 (3) and 526.13.

NR 526.04(3)(3) Sharps collection station exemptions. Persons who operate sharps collection stations are exempt from the requirements of this chapter except the requirements under s. NR 526.09 (5).

NR 526.04(4)(4) Emergency response exemptions. Persons, including but not limited to law enforcement personnel, emergency medical personnel and fire fighters, who are responding to an emergency not occurring at a medical facility, including but not limited to vehicle accidents, fires and natural disasters, are exempt from the requirements of this chapter except the requirements under ss. NR 526.06 to 526.08, 526.09 (4), 526.10 (3) and 526.13.

NR 526.04(5)(5) Funeral director exemptions. Human tissue which is to be interred or cremated under the direction of a funeral director licensed under ch. 445, Stats., the university of Wisconsin medical school or the medical school of Wisconsin, is exempt from the requirements of this chapter.