[44 Pa.B. 7021]
[Saturday, November 8, 2014]
[Continued from previous Web Page]
Subchapter E. SEGREGATION AND STORAGE § 284.401. Scope.
This subchapter sets forth operating requirements for a person or municipality that stores regulated medical or chemotherapeutic waste, ash residue from regulated medical or chemotherapeutic waste incineration and processing residue from a regulated medical or chemotherapeutic waste processing facility. The requirements in this chapter are in addition to the applicable requirements in Chapter 271 (relating to municipal waste management—general provisions) and the requirements in §§ 285.111—285.115 and 285.121.
§ 284.411. Segregation.
(a) Regulated medical waste and chemotherapeutic waste shall be segregated at the point of origin at the generating facility into the following three categories:
(1) Regulated medical waste, excluding pathological waste.
(2) Pathological waste.
(3) Chemotherapeutic waste.
(b) Each category of waste segregated under subsection (a) shall be placed in a separate container, except used sharps that qualify as regulated medical waste may be placed in a chemotherapeutic waste used sharps container.
(c) When bags are used as containers to segregate the waste, the bags must be fluorescent orange, orange-red or red in color for regulated medical waste or pathological waste.
(d) When bags are used as containers to segregate the waste, the bags must be yellow in color for chemotherapeutic waste, unless the chemotherapeutic waste is processed onsite in an incinerator that operates in accordance with § 284.2 (relating to permits-by-rule for regulated medical or chemotherapeutic waste processing facilities; qualifying facilities; general requirements) or in accordance with a permit authorized by the Department.
(e) When bags are used to segregate and store the waste, the requirements of § 284.413 (relating to storage containers) must be satisfied.
§ 284.412. Basic storage requirements.
(a) After regulated medical and chemotherapeutic waste has been segregated and collected for transportation to an onsite or offsite processing facility, the waste shall be stored and contained in a manner that:
(1) Maintains the integrity of the containers, prevents the leakage or release of waste from the containers, and provides protection from water, rain and wind.
(2) Prevents the spread of regulated medical waste or chemotherapeutic agents.
(3) Affords protection from animals and does not provide a breeding place or a food source for insects or rodents.
(4) Maintains the waste in a nonputrescent state, using refrigeration (<= 7°C or <= 45°F) or freezing (<= -18°C or <= 0°F) when necessary.
(5) Prevents odors from emanating from the container.
(6) Prevents unauthorized access to the waste. As part of this requirement, the following shall be met:
(i) Enclosures and containers used for storage of regulated medical or chemotherapeutic waste shall be secured to deny access to unauthorized persons.
(ii) Enclosures and containers shall be marked with prominent warning signs indicating the storage of regulated medical or chemotherapeutic waste.
(b) Enclosures at a waste generating or processing facility that are used for the storage of regulated medical or chemotherapeutic waste must be constructed of finish materials that are impermeable and capable of being readily maintained in a sanitary condition. Containers located in enclosures used for the storage of regulated medical or chemotherapeutic waste must be maintained in compliance with § 284.413 (relating to storage containers) and in a manner that minimizes human exposure and vectors. Exhaust air from storage areas must be ventilated to minimize human exposure.
(c) Regulated medical and chemotherapeutic waste may not be commingled with other waste in the same container.
(d) The generator may store regulated medical waste, chemotherapeutic waste or municipal waste that has been sorted and separately containerized in the same location, including on a cart.
§ 284.413. Storage containers.
(a) Regulated medical or chemotherapeutic waste shall be placed in containers that are:
(1) Leakproof on the sides and bottom and maintained in an upright position.
(2) Impervious to moisture.
(3) Sufficient in strength to prevent puncturing, tearing or bursting during storage.
(b) In addition to the requirements of subsection (a), used sharps shall be placed in containers that are:
(1) Rigid.
(2) Tightly lidded.
(3) Puncture resistant.
(c) In addition to the requirements of subsection (a), regulated medical waste fluids in quantities greater than 20 cubic centimeters and chemotherapeutic waste fluids shall be placed in containers that are:
(1) Break resistant.
(2) Tightly lidded or tightly stoppered.
(d) When bags are used as the only container, double or multiple bagging shall be employed and the following requirements shall be met:
(1) Upon packaging, the bags shall be securely tied.
(2) The bags must be constructed of material of sufficient single thickness strength to meet the following:
(i) The ASTM Standard D1709, Test Method for Impact Resistance of Polyethylene Film by the Free Falling Dart Method, with an impact resistance of 165 grams or greater (Method A).
(ii) The ASTM Standard D1922, Propagation Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method, with a tearing resistance, parallel and perpendicular to the length of the bag of 480 grams.
(iii) If the standards in subparagraphs (i) and (ii) are modified by ASTM, the standard that is in effect on the date of manufacture of the bags shall be applied.
(3) Bags must include one of the following certifications indicating that the ASTM standards have been met:
(i) Each bag must contain a printed certification by the manufacturer.
(ii) The manufacturer may issue a certification letter to the regulated medical or chemotherapeutic waste generator and print a certification on each packaged lot of the bags.
(4) Bags must have sufficient seam strength that is at least equal in resistance to tearing and equally impermeable as the other portions of the bag.
(5) Bags must be fluorescent orange, orange-red or red in color for regulated medical waste and yellow in color for chemotherapeutic waste and contain colorants that are organic pigments with no heavy metal content.
§ 284.414. Marking of containers.
(a) For onsite or offsite transportation of regulated medical or chemotherapeutic waste, the outermost containers of regulated medical or chemotherapeutic waste must be labeled with the following:
(1) The words ''chemotherapeutic waste'' if chemotherapeutic waste is placed in the container.
(2) Until November 8, 2016, the words ''infectious waste'' or ''regulated medical waste'' if regulated medical waste is placed in the container.
(3) After November 8, 2016, the words ''regulated medical waste'' if regulated medical waste is placed in the container.
(4) The universal biohazard symbol that conforms to the design in 29 CFR 1910.1030(g)(1)(i)(B) (relating to bloodborne pathogens) and the word ''BIOHAZARD.''
(5) The date the container was full or the date that the generator sealed the container, whichever occurs earlier.
(6) The name, address and telephone number of the generator if the waste is transported offsite.
(b) The requirements of subsection (a) do not apply if the outermost container is a vehicle or conveyance, including a roll-off, and all of the following are satisfied:
(1) The waste in the vehicle or conveyance is from a single generator.
(2) The vehicle or conveyance is transported offsite for processing or disposal every 30 days.
(3) The vehicle or conveyance complies with the requirements of § 284.513 (relating to transportation of regulated medical and chemotherapeutic waste; additional provisions).
(4) The outside of the vehicle or conveyance displays the information required in subsection (a)(5), except when a record of the date the vehicle or conveyance is full or sealed, whichever occurs earlier, is maintained by the generator and available for inspection by the transporter or Department for 1 year.
(5) The outside of the vehicle or conveyance displays the information required in subsection (a)(6).
(c) Nonwall-mounted used sharps containers storing regulated medical waste must have fluorescent orange, orange-red or red markings and chemotherapeutic waste must have yellow markings. The markings must sufficiently identify the waste as regulated medical or chemotherapeutic waste.
(d) The information required under this section must be clearly legible and produced with indelible ink in a color that contrasts with the color of the container, such as black. If a label is used to provide the information, the label must be securely attached to the container.
§ 284.415. Duration of storage of regulated medical and chemotherapeutic waste for generators.
(a) Regulated medical or chemotherapeutic waste may not be stored for longer than 30 days from the date that the storage container is full or sealed by the generator, whichever occurs earlier.
(b) If the regulated medical or chemotherapeutic waste becomes putrescent during the storage period identified in subsection (a), the waste shall be moved offsite within 3 business days for processing or disposal.
§ 284.416. Duration of storage of regulated medical and chemotherapeutic waste for processors.
If the waste processing facility is separate from the waste generating facility, regulated medical or chemotherapeutic waste shall be immediately moved offsite if the waste becomes putrescent or attracts vectors during the storage period and may not be stored at the waste processing facility for more than the following periods unless other periods are approved in the facility's permit:
(1) Seventy-two hours at ambient temperature, unless the waste becomes putrescent or attracts vectors.
(2) Seven days in a refrigerator at <= 7°C or <= 45°F, unless the waste becomes putrescent or attracts vectors.
(3) Thirty days in a freezer at <= -18°C or <= 0°F, unless the waste becomes putrescent or attracts vectors.
§ 284.417. Reuse of containers.
(a) Nonrigid containers shall be managed as either regulated medical or chemotherapeutic waste based upon the contents of the container. These containers may not be reused.
(b) Corrugated fiberboard containers used for storage of regulated medical or chemotherapeutic waste may be reused if the surface of the container has been protected from direct contact with the waste.
(c) A rigid, nonfiberboard container used for the storage of regulated medical waste or chemotherapeutic waste may be reused if one of the following applies:
(1) The container has been decontaminated utilizing a Department-approved decontamination procedure.
(2) The surface of the container has been protected from direct contact with regulated medical and chemotherapeutic waste, as applicable.
§ 284.418. Storage and containment of ash residue from regulated medical or chemotherapeutic waste incineration.
(a) Ash residue from regulated medical or chemotherapeutic waste incineration shall be stored in accordance with the following:
(1) In an enclosed container, which may include a properly tarped container, or in an enclosed area, which may include an adequately ventilated building.
(2) On a pad for collecting a spill or release of ash that is no more permeable than 1 x 10-7 cm./sec.
(3) In a manner to prevent the release, dispersal or discharge of ash residue into the air, water or onto land.
(b) Ash residue may be commingled with other municipal waste if the commingled waste is from one generator and if storage of the commingled waste is in accordance with subsection (a).
§ 284.419. Storage and containment of processing residue from a regulated medical or chemotherapeutic waste processing facility.
(a) Processing residue from regulated medical or chemotherapeutic waste processing facilities shall be stored in an enclosed container, which may include a properly tarped container, or in an enclosed area, which may include an adequately ventilated building, to:
(1) Prevent the release, dispersal or discharge of processing residue into the air, water or onto land.
(2) Afford protection from animals, rain and wind.
(3) Prevent the development of a breeding place or food source for insects or rodents.
(4) Prevent the leakage of waste from the storage container.
(b) Processing residue from a regulated medical or chemotherapeutic waste processing facility may be commingled with other municipal waste if the commingled waste is from one generator and if storage of the commingled waste is in accordance with subsection (a).
Subchapter F. COLLECTION AND TRANSPORTATION
GENERAL § 284.501. Scope.
This subchapter sets forth the requirements for a person or municipality that collects and transports regulated medical or chemotherapeutic waste, ash residue from regulated medical or chemotherapeutic waste incineration and processing residue from a regulated medical or chemotherapeutic waste processing facility. The requirements in this chapter are in addition to the applicable requirements in Chapter 271 (relating to municipal waste management—general provisions) and the requirements in §§ 285.211—285.219 (relating to general provisions).
TYPES OF WASTE § 284.511. Transportation of ash residue from regulated medical or chemotherapeutic waste incineration.
(a) Ash residue from regulated medical or chemotherapeutic waste incineration shall be wetted immediately prior to loading, and shall remain wetted during transportation and unloading at a municipal waste landfill to prevent the dispersal of ash residue.
(b) Ash residue from regulated medical or chemotherapeutic waste incineration shall be transported in an enclosed or covered vehicle to prevent dispersal of the residue.
(c) A generator's ash residue from regulated medical or chemotherapeutic waste incineration shall be transported separately from the ash residue of other generators.
(d) Municipal waste from a generator may be commingled and transported with the generator's ash residue from regulated medical and chemotherapeutic waste incineration if the municipal waste and ash residue are being transported separately from the waste of other generators.
§ 284.512. Transportation of regulated medical and chemotherapeutic waste; general provisions.
(a) General. This section sets forth general requirements for a person or municipality that transports regulated medical or chemotherapeutic waste. Section 284.513 (relating to transportation of regulated medical and chemotherapeutic waste; additional provisions) sets forth additional provisions relating to the transportation of the waste.
(b) Manner of transportation. Regulated medical and chemotherapeutic waste shall be transported in a manner that:
(1) Maintains the integrity of the containers, prevents the leakage or release of waste from the containers and provides protection from water, rain and wind.
(2) Prevents the spread of infectious or chemotherapeutic agents.
(3) Affords protection from animals and does not provide a breeding place or a food source for insects or rodents.
(4) Maintains the waste in a nonputrescent state, using refrigeration (<= 7°C or <= 45°F) or freezing (<= -18°C or <= 0°F) when necessary.
(5) Prevents odors from emanating from the container.
(6) Prevents unauthorized access to the waste.
(c) Containers.
(1) Regulated medical and chemotherapeutic waste shall be transported in containers that are:
(i) Rigid.
(ii) Leakproof.
(iii) Impervious to moisture.
(iv) Sufficient in strength to prevent puncturing, tearing or bursting during transportation.
(v) Labeled in accordance with the requirements in § 284.414 (relating to marking of containers), except as provided in § 284.414(b).
(2) In addition to the requirements of paragraph (1), used sharps shall be transported in containers that are tightly lidded.
(3) In addition to the requirements of paragraph (1), regulated medical waste fluids—quantities greater than 20 cubic centimeters—and chemotherapeutic waste fluids shall be transported in containers that are:
(i) Break resistant.
(ii) Tightly lidded or tightly stoppered.
(4) Bags meeting the requirements of § 284.413 (relating to storage containers) may be used to meet the requirements of this subsection that containers be leakproof and impervious to moisture.
(d) Types of vehicles. Vehicles for transporting regulated medical or chemotherapeutic waste shall be noncompaction type vehicles.
(e) Commingling of waste. Separately containerized regulated medical or chemotherapeutic waste may be transported in the same vehicle with containerized municipal waste.
(f) Cleaning of vehicles. Load compartments of vehicles holding regulated medical or chemotherapeutic waste for transportation shall be constructed of materials that are impermeable and easily cleaned. Surfaces of vehicles that have been in direct physical contact with regulated medical or chemotherapeutic waste, because of a leak in a bag or container or because of another reason, shall be decontaminated as soon as possible after unloading.
(g) Refrigeration. Regulated medical or chemotherapeutic waste may be kept in an unrefrigerated transport vehicle for up to 72 hours provided the waste is not putrescent and does not attract vectors. If the vehicle is refrigerated (<= 7°C or <= 45°F) or maintained at freezing temperatures (<= -18°C or <= 0°F), the in-transit storage period may not exceed 5 days.
(h) Chutes. Chutes may not be used by generators, processors or transporters to transfer regulated medical or chemotherapeutic waste at onsite or offsite locations.
§ 284.513. Transportation of regulated medical and chemotherapeutic waste; additional provisions.
(a) This section sets forth additional requirements for the transportation of regulated medical and chemotherapeutic waste. This section does not apply to vehicles used by a generator of less than 220 pounds of regulated medical and chemotherapeutic waste per month for transporting the generator's own waste.
(b) Vehicles or conveyances for transporting regulated medical or chemotherapeutic waste shall be identified on the two sides and back of the cargo compartment with the following:
(1) The transporter's Department-issued regulated medical and chemotherapeutic waste license number, if applicable.
(2) A placard or decal containing the phrase ''regulated medical waste'' or ''chemotherapeutic waste,'' or both, as applicable, and the universal biohazard symbol that conforms to the design shown in the United States Occupational Safety and Health Administration's regulations at 29 CFR 1910.1030(g)(1)(i)(B) (relating to bloodborne pathogens).
(3) Until November 8, 2016, the words ''infectious waste'' or ''regulated medical waste'' if regulated medical waste is being transported.
(4) After November 8, 2016, the words ''regulated medical waste'' if regulated medical waste is being transported.
(c) A vehicle used for transporting regulated medical or chemotherapeutic waste shall contain, in a readily accessible place, a portable decontamination and spill containment unit, including at a minimum the following:
(1) An adequate amount of absorbent material.
(2) One gallon of EPA-approved disinfectant in an appropriate applicator.
(3) Fifty fluorescent orange, orange-red, or red or yellow, or both, plastic bags that meet the requirements of § 284.413 (relating to storage containers). The bags shall be accompanied by seals and appropriate labels, and shall be large enough to overpack any container normally transported in the vehicle.
(4) Two sets of protective overalls, gloves, boots, caps, goggles and masks. The protective garments shall be oversized or fitted for the vehicle operators.
(5) A first aid kit, boundary marking tape and other appropriate safety equipment.
(d) The cargo area of vehicles used for transporting regulated medical or chemotherapeutic waste that has not been in direct physical contact with regulated medical or chemotherapeutic waste shall be cleaned weekly. Drainage from the cleaning shall be discharged directly or through a holding tank to a sanitary sewer system or treatment facility.
§ 284.514. Transportation of processing residue from a regulated medical or chemotherapeutic waste facility.
(a) Processing residue from a regulated medical or chemotherapeutic waste facility shall be transported in an enclosed or covered vehicle to prevent dispersal of the residue.
(b) A transporter shall transport processing residue from regulated medical or chemotherapeutic waste for each generator separately from other generators.
(c) A transporter may transport processing residue from regulated medical or chemotherapeutic waste that is commingled with other municipal waste if the commingled waste is from one generator and the waste is transported separately from another generator's waste.
Subchapter G. TRANSPORTER LICENSING FOR REGULATED MEDICAL AND CHEMOTHERAPEUTIC WASTE
GENERAL PROVISIONS § 284.601. Scope.
This subchapter sets forth the Department's requirements for licensing of persons and municipalities that transport regulated medical or chemotherapeutic waste.
§ 284.602. License requirement.
(a) Except as provided in subsection (b), a person or municipality may not transport regulated medical or chemotherapeutic waste unless the person has first obtained a license from the Department in accordance with this subchapter.
(b) This subchapter does not apply to the following:
(1) Onsite movement of regulated medical or chemotherapeutic waste by generators.
(2) Onsite movement of regulated medical or chemotherapeutic waste by operators of permitted regulated medical or chemotherapeutic waste management facilities.
(3) Transportation by a generator of less than 220 pounds per month of regulated medical or chemotherapeutic waste when transporting only the generator's own regulated medical or chemotherapeutic waste if the log and shipping paper requirements under § 284.701(b)(3) (relating to scope) are met.
(4) The transportation of regulated medical or chemotherapeutic waste generated outside this Commonwealth destined for processing or disposal outside this Commonwealth.
§ 284.603. Identification number.
A person or municipality subject to this chapter may not transport regulated medical or chemotherapeutic waste without first receiving an identification number. The number shall be one of the following:
(1) An EPA identification number obtained under section 3010 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. § 6930).
(2) An identification number obtained from the Department if the identification number under paragraph (1) is not available.
LICENSE APPLICATION REQUIREMENTS § 284.611. General application requirements.
(a) An application for a license to transport regulated medical or chemotherapeutic waste shall be submitted to the Department, in writing, on forms provided by the Department. An application for a license shall be accompanied by information, specifications and other data required by the Department to determine compliance with this subchapter.
(b) The application shall contain the following:
(1) The applicant's identification number, as required under § 284.603 (relating to identification number).
(2) The name, mailing address, place of business, business telephone number and 24-hour emergency telephone number of the applicant.
(3) The average yearly total tonnage of regulated medical and chemotherapeutic waste picked up or delivered in this Commonwealth.
(4) A nonrefundable application fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $500.
(5) Information concerning terminal locations that will store regulated medical and chemotherapeutic waste in-transit.
(6) An identification of interests and compliance history, as provided in §§ 271.124 and 271.125 (relating to identification of interests; and compliance information).
(7) Collateral bond, as required under § 284.641 (relating to bond requirement).
(8) Certificate of insurance, as required under § 284.612 (relating to vehicular liability insurance).
(9) A contingency plan consistent with § 284.632 (relating to regulated medical or chemotherapeutic waste discharges or spills).
(c) An application for a license shall be certified by a responsible official of the applicant with a statement that the information contained in the application is true and correct to the best of the official's information and belief.
§ 284.612. Vehicular liability insurance.
(a) The application shall include a certificate of insurance issued by an insurance company authorized to do business in this Commonwealth, certifying that the applicant has comprehensive vehicular liability insurance in force covering the operation of vehicles and associated regulated medical and chemotherapeutic waste transportation activities.
(b) The certificate of insurance shall expressly document coverage for property damage and bodily injury to third parties. The insurance coverage shall include coverage for the cost of cleaning up a regulated medical or chemotherapeutic waste spill, and damages arising from the spill. Minimum insurance coverage shall be $500,000 annual aggregate, exclusive of claims administration and legal defense costs.
(c) Insurance coverage provided under this section shall comply with the following:
(1) The insurance policy shall follow the standard commercial or comprehensive vehicular liability policy forms approved by the Insurance Department, and shall include coverage as specified in subsections (a) and (b).
(2) The insurance policy shall be issued by an insurer having a certificate of authority and a licensed agent authorized to transact the business of insurance in this Commonwealth by the Insurance Department. Insurance may be provided by an excess or surplus lines insurer approved by the Insurance Department.
(3) The full policy amount shall be applicable to each driver and vehicle authorized to operate under the license. There may be no proration of the policy amount of coverage among vehicles.
(4) The insurance policy shall provide that the insurer shall notify the Department by certified mail within 30 days whenever a substantive change is made in the policy, including policy amounts, scope of coverage, tail period, claims procedures, definitions of occurrences or claims, or other provisions related to the requirements of this subchapter.
(d) The licensee shall maintain the insurance required by this section in full force and effect during the term of the license and renewals thereof.
(e) An applicant for a transporter license to transport regulated medical or chemotherapeutic waste which is a department or an agency of the United States or of the Commonwealth may fulfill the requirements under this section by means of one or more of the following:
(1) Commercial insurance as specified in this section.
(2) Self-insurance allowed by Federal or State law.
(3) Additional means approved by the Department.
(f) The amount of liability coverage for departments or agencies of the Commonwealth may not exceed the liability limits of 42 Pa.C.S. Chapter 85 (relating to matters affecting government units).
LICENSE APPLICATION REVIEW § 284.623. Conditions of licenses.
(a) The Department may place terms and conditions upon a license it deems necessary to protect public health, public safety and the environment, and to ensure compliance with the act, the environmental protection acts and this title.
(b) Except to the extent that the license states otherwise, the licensee shall conduct transportation activities as described in the approved application.
(c) A license to transport regulated medical and chemotherapeutic waste is nontransferable and nonassignable. A license applies to the licensee and its employees. Leased or subcontracted haulers, and haulers who provide equipment, have no authority to operate under the licensee's license without prior written approval from the Department.
§ 284.624. License renewal.
A licensee that plans to transport regulated medical or chemotherapeutic waste after expiration of the current license term under § 284.622 (relating to term of license) shall file a complete application for license renewal on forms provided by the Department at least 90 days before the expiration date of the license. The application shall include a nonrefundable application fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $500. The license renewal application will be reviewed by the Department in the same manner as a new application for a license under this subchapter.
OPERATIONAL REQUIREMENTS § 284.631. Basic limitations.
(a) A person or municipality subject to this subchapter that transports regulated medical or chemotherapeutic waste shall comply with the following:
(1) The act, this article and other applicable regulations promulgated under the act, including Subchapter F (relating to collection and transportation).
(2) The terms and conditions of the license, the environmental protection acts, this title and orders issued by the Department.
(b) A transporter shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which operations will be, are being or have been conducted.
§ 284.632. Regulated medical or chemotherapeutic waste discharges or spills.
(a) A copy of the most recently approved Transporter Contingency Plan (TCP) shall be carried on each transport vehicle at all times. Information in the TCP shall be kept current.
(b) In the event of a discharge or spill of regulated medical or chemotherapeutic waste during transportation, the transporter shall take appropriate immediate action to protect the health and safety of the public and the environment, in accordance with its approved TCP. The transporter shall also immediately telephone the Department and the affected municipality, and provide the following information:
(1) The name of the person reporting the spill or discharge.
(2) The transporter's name, address, the Department-issued regulated medical and chemotherapeutic waste transporter license number and identification number.
(3) The telephone number where the person reporting the spill or discharge can be reached.
(4) The date, time and location of the spill or discharge.
(5) The mode of transportation and type of transport vehicle.
(6) A brief description of the accident.
(7) For each waste involved in the spill:
(i) The name and identification number of the generators of the waste.
(ii) The estimated quantity of the waste spilled.
(c) If a discharge or spill of regulated medical or chemotherapeutic waste occurs during transportation, and if the immediate removal of the waste is necessary to protect public health and safety or the environment, the Department may authorize the removal of the waste to a selected receiving facility by transporters who do not have identification numbers, licenses, logs or shipping papers under this subchapter.
(d) A transporter shall:
(1) Clean up a regulated medical or chemotherapeutic waste discharge or spill that occurs during transportation or take action that may be required or approved by the Department so that the discharge or spill no longer presents a hazard to public health, public safety or the environment.
(2) File a complete report in writing concerning the incident with the Department's Central Office. The report shall include, at a minimum, a detailed description of the clean-up operation and the disposition of the waste, and the information required by subsection (a).
§ 284.633. Safety.
A transporter of regulated medical or chemotherapeutic waste shall provide adequate personnel training to ensure transport activities are conducted safely, in compliance with applicable laws and regulations, and according to the contingency plan approved under § 284.632 (relating to regulated medical or chemotherapeutic waste discharges or spills).
§ 284.634. Annual report.
(a) A transporter shall submit to the Department's Central Office an annual report. The report shall be submitted by the end of March of each calendar year. The report shall be submitted on forms supplied by the Department.
(b) The annual report shall be based on the shipments of regulated medical or chemotherapeutic waste during the previous calendar year, and shall include the following:
(1) The name, location, telephone number and permit identification number of each processing or disposal facility to which the transporter delivered regulated medical or chemotherapeutic waste.
(2) The weight or volume of each type of regulated medical or chemotherapeutic waste transported.
(3) When more than one transporter is used to transport a single shipment of regulated medical or chemotherapeutic waste from the generator to the processing or disposal facility, only the first transporter is required to submit information for that shipment on the annual report.
BOND § 284.641. Bond requirement.
(a) General. The applicant shall provide the Department a bond, secured by collateral as specified by this section and which bond is conditional upon compliance by the licensee with the requirements of the act, the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§ 6019.1—6019.6), known as the Infectious and Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of the license and Department orders issued to the licensee. The bond shall be consistent with, and subject to, the requirements of this section. The amount, duration, form, conditions and terms of the bond will be specified by the Department. An additional bond amount will not be required of applicants that are also licensed hazardous waste transporters during the term of license or renewal thereof under this subchapter if the applicant or licensee submits a bond endorsement, including an increase in the amount of the bond of a minimum of $10,000, to the Department that includes liability for regulated medical and chemotherapeutic waste transportation on the hazardous waste transporter bond.
(b) Approval by Department. A license to transport regulated medical or chemotherapeutic waste will not be issued by the Department before the applicant for the license has filed a collateral bond payable to the Department on a form provided by the Department, and the bond has been approved by the Department.
(c) Amount of bond.
(1) The bond shall be in an amount sufficient to assure that the licensee faithfully performs the requirements of the act, the Infectious and Chemotherapeutic Waste Law and regulations thereunder, the terms and conditions of the license, and Department orders issued to the licensee. The minimum amount of the bond is $10,000.
(2) The Department may require additional bond amounts if the mode of transporting waste changes, or the Department determines additional bond amounts are necessary to meet the requirements described in paragraph (1).
(d) Term of bond. Liability under the bond shall contain at a minimum for the duration of the license, any renewals thereof and for 1 year after expiration, termination, revocation or surrender of the license. The 1-year extended period of liability includes, and shall be automatically extended for, an additional time period during which administrative or legal proceedings are pending involving a violation by the transporter of the act, the Infectious and Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of the license or Department orders issued to the licensee.
(e) Collateral for transporter bonds.
(1) The Department will accept the types of collateral for transporter bonds that are provided in § 271.322 (relating to general terms and conditions for collateral bonds).
(2) The terms and conditions for the bonds shall be as provided in §§ 271.322—271.325.
(3) A department or agency of the United States or the Commonwealth applying for a transporter license to transport regulated medical or chemotherapeutic waste shall satisfy the requirements of this section by filing a bond with the Department under this section, or by another means of financial assurance approved by the Department which satisfies the terms and conditions for bonds under § 271.313(b) (relating to forms, terms and conditions of the bond or trust). The Department may accept a bond executed by a transporter who is not the licensee, instead of a bond executed by the licensee, if the liability on the bond meets the requirements of this subchapter. The transporter may not accept waste or initiate operation prior to the approval by the Department of the financial assurances required by this section.
(f) Review of bonds. Bonds will be reviewed for legality and form according to established Department procedures.
§ 284.642. Release of bond.
(a) Except as provided in subsection (b), the Department will release a transporter bond 1 year after the expiration or termination of a license upon written request of the licensee.
(b) The Department will not release a bond if the transporter is in violation of the act, the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§ 6019.1—6019.6), known as the Infectious and Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of the license or Department orders issued to the licensee, whether or not the violation results from regulated medical or chemotherapeutic waste transportation.
(c) The release of a bond by the Department does not constitute a waiver or release of other liability provided in law, nor does it abridge or alter rights of action or remedies of a person or municipality presently or prospectively existing in equity or under criminal and civil common or statutory law.
§ 284.643. Bond forfeiture.
(a) The Department will declare a bond forfeit if the transporter is in violation of the act, the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§ 6019.1—6019.6), known as the Infectious and Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of the bond, the terms and conditions of the license or Department orders issued to the licensee, whether or not the violation results from regulated medical or chemotherapeutic waste transportation.
(b) If the Department declares a bond forfeit, it will:
(1) Send written notification to the transporter of the Department's determination to declare the bond forfeit and the reasons for the forfeiture.
(2) Advise the transporter and surety of the right to appeal to the EHB under the Environmental Hearing Board Act (35 P. S. §§ 7511—7516).
(3) Proceed to collect on the bond as provided by applicable laws for the collection of defaulted bonds or other debts.
(c) If the Department declares a transporter bond forfeited, it will pay, or direct the State Treasurer to pay, the collateral funds into the Solid Waste Abatement Fund. If upon proper demand and presentation, the banking institution or other person or municipality which issued the collateral refuses to pay the Department the proceeds of a collateral undertaking, the Department will take appropriate steps to collect the proceeds.
Subchapter H. TRACKING OF REGULATED MEDICAL AND CHEMOTHERAPEUTIC WASTE
GENERAL § 284.701. Scope.
(a) Except as provided in subsection (b), this subchapter applies to a person or municipality that generates, transports, disposes or processes regulated medical or chemotherapeutic waste or processed regulated medical or chemotherapeutic waste that is recognizable.
(b) This subchapter does not apply to a person or municipality for the following activities:
(1) Onsite movement of regulated medical or chemotherapeutic waste by generators.
(2) Onsite movement of regulated medical or chemotherapeutic waste by operators of permitted regulated medical or chemotherapeutic waste management facilities.
(3) Transportation by a generator who generates less than 220 pounds per month of regulated medical and chemotherapeutic waste if the following are met:
(i) The generator only transports his own waste.
(ii) The generator records on a log or shipping paper the following information for each shipment:
(A) The name, address and telephone number of the generator of the waste.
(B) The quantity of the waste transported and accepted by the processing or disposal facility.
(C) The date the waste is transported and accepted by the processing or disposal facility.
(iii) The generator carries and delivers a copy of this log or shipping paper with the waste shipment to the offsite processing or disposal facility.
(4) The transportation of regulated medical waste if the following are met:
(i) The package is sent to a permitted processing or disposal facility in this Commonwealth or to an out-of-State facility by certified mail, return receipt requested, indicating the name and address of the sender, the name of the addressee, the signature of the addressee, the date of delivery and the address where delivered or by utilizing an alternate tracking system approved in writing by the Department if applicable.
(ii) The mailing standards of the United States Postal Service in 39 CFR 211.2 (relating to regulations of the Postal Service) and incorporated by reference into this chapter authorize the package to be mailed.
(iii) The package is mailed in compliance with United States Postal Service regulations.
(iv) The generator maintains a log or shipping paper containing the following information:
(A) The weight of the waste transported.
(B) The date of shipment.
(C) The name and address of each processing or disposal facility to which the generator is shipping the waste by the United States Postal Service or other mail carrier.
(5) The transportation by a generator who generates and processes onsite less than 220 pounds per month of regulated medical or chemotherapeutic waste, which is recognizable waste, if the following are met:
(i) The generator only transports its own waste.
(ii) The generator records on a log or shipping paper the following information for each shipment:
(A) The name, address and telephone number of the generator of the waste.
(B) The quantity of the waste transported and accepted by the disposal facility.
(C) The name, address and telephone number of the transporter for each shipment of waste. If applicable, the log or shipping paper shall include the identification number of a licensed transporter.
(D) The date the waste is transported and accepted by the processing or disposal facility.
(iii) A copy of the log or shipping paper shall be provided to the disposal facility by the transporter for each shipment of waste.
(6) The transportation through this Commonwealth of regulated medical or chemotherapeutic waste generated outside this Commonwealth that is destined for processing or disposal outside this Commonwealth.
(7) The transportation of processed regulated medical or chemotherapeutic waste to a disposal facility if the waste has been rendered unrecognizable.
§ 284.702. Transfer facilities.
Regulated medical waste, chemotherapeutic waste or processed regulated medical or chemotherapeutic waste that is recognizable may be transported to or from a transfer facility in accordance with the following:
(1) The transfer facility is permitted by the Department.
(2) If transported to a transfer facility, the transfer facility shall be considered the designated facility for purposes of this subchapter.
(3) If transported from the transfer facility to a processing or disposal facility, the transfer facility shall be considered the generator and the processing or disposal facility shall be considered the designated facility for purposes of this subchapter.
§ 284.703. Recordkeeping.
The records required under this subchapter shall be retained for at least 2 years from the date on which the record was prepared. Records shall be submitted to the Department upon request. The retention period will be extended automatically during the course of an enforcement action or as requested by the Department.
GENERATOR RESPONSIBILITIES § 284.711. Use of logs or shipping papers.
A generator who transports, or offers for transportation, regulated medical or chemotherapeutic waste for offsite processing or disposal shall ensure proper segregation of regulated medical and chemotherapeutic waste from other types of waste and prepare a log or shipping paper as required under this subchapter. A processor who transports, or offers for transportation, processed regulated medical or chemotherapeutic waste that is recognizable for offsite disposal shall be considered a generator for purposes of this subchapter.
§ 284.712. Preparation of logs or shipping papers.
(a) The generator shall create a log or shipping paper of the following information and provide it to the transporter before the offsite transportation of the waste occurs:
(1) The name, mailing address and telephone number of the generator.
(2) Each transporter's company name, identification number, Pennsylvania regulated medical and chemotherapeutic waste transporter license number and telephone number.
(3) The number of containers, types of containers and the total quantity of the waste by weight or volume.
(4) One of the following regulated medical or chemotherapeutic waste code numbers for each waste type, as appropriate:
(i) A100 for regulated medical waste.
(ii) A200 for processed regulated medical waste that is recognizable.
(iii) A300 for chemotherapeutic waste.
(5) The United States Department of Transportation proper shipping name, hazard class and identification number (UN or NA) for each waste identified by 49 CFR Subtitle B, Chapter I, Subchapter C (relating to hazardous materials regulations), if applicable.
(6) Special instructions and information necessary for proper handling of the waste during transportation, processing, storage or disposal, if any.
(7) The printed or typed name and handwritten signature of the generator's authorized representative, and the date of shipment.
(8) The printed or typed name and handwritten signature of the initial transporter's authorized representative, and the date of receipt.
(b) An authorized representative of the generator shall ensure that a legible log or shipping paper has been completed.
(c) After the offsite transportation of the waste, the generator shall receive from the transporter and maintain as a record the log or shipping paper prepared by the transporter in accordance with § 284.722(f) (relating to preparation and use of logs or shipping papers).
§ 284.713. (Reserved).
§ 284.714. Exception reporting.
(a) A generator that does not receive a log or shipping paper indicating the designated facility that received its waste within 30 days of the date the generator's waste was accepted by the initial transporter shall:
(1) Contact the transporter or the operator of the designated facility, or both, to determine the status of the shipment.
(2) Notify the Department's appropriate regional office by telephone within 1 business day of the status of the shipment.
(b) If the generator has not received a log or shipping paper indicating the designated facility that received its waste from the transporter within 35 days of the date the generator's waste was accepted by the initial transporter, the generator shall notify the Department's appropriate regional office by telephone and submit an exception report to the Department's Central Office.
(c) The exception report shall include the following:
(1) A record of the waste for which the generator does not have confirmation of delivery.
(2) A cover letter signed by the generator or an authorized representative explaining the efforts taken to locate the waste shipment and the results of those efforts.
TRANSPORTER RESPONSIBILITIES § 284.721. (Reserved).
§ 284.722. Preparation and use of logs or shipping papers.
(a) Before transporting regulated medical or chemotherapeutic waste or processed regulated medical or chemotherapeutic waste that is recognizable, the transporter shall provide the generator with a dated signature, including, but not limited to, handwritten, electronic or stamped signatures, from an authorized representative of the transporter acknowledging that the transporter has accepted the waste from the generator on the date of acceptance.
(b) The transporter shall ensure that the log or shipping paper required under subsections (c) and (d) accompanies the waste shipment.
(c) A transporter who delivers regulated medical or chemotherapeutic waste or processed recognizable waste to the designated processing or disposal facility shall create a log or shipping paper containing the following information:
(1) The date that each container of waste was delivered to a designated facility.
(2) The name and address of the designated facility for each container of waste.
(d) The transporter who delivers regulated medical or chemotherapeutic waste to another transporter shall create a log or shipping paper containing the following information:
(1) The date that each container of waste was delivered to the subsequent transporter.
(2) The name and address of the subsequent transporter that received each container of waste.
(e) At the time the waste is delivered to the designated facility or subsequent transporter, the transporter shall provide the operator of the designated facility or subsequent transporter with a log or shipping paper containing the following information:
(1) The name, mailing address and telephone number of the generator for each container of waste.
(2) The number of containers, types of containers and the total quantity of the waste by weight or volume for each generator.
(f) After the waste has been transported to the designated facility, the transporter shall provide the generator with a log or shipping paper containing the following information:
(1) The name, mailing address and telephone number of each designated facility that received each container of the generator's waste.
(2) The number of containers, types of containers and the total quantity of the waste by weight or volume received by each designated facility.
(3) The date that each designated facility received each container of the generator's waste.
(4) Acknowledgment from the designated facility that it accepted each container of the generator's waste.
§ 284.723. (Reserved).
§ 284.724. Transportation limitations.
(a) A transporter may not accept or transport a shipment of regulated medical or chemotherapeutic waste or processed regulated medical or chemotherapeutic waste that is recognizable if:
(1) The waste is in containers or packaging which appear to be leaking, damaged or otherwise in violation of § 284.413 or § 284.512 (relating to storage containers; and transportation of regulated medical and chemotherapeutic waste; general provisions).
(2) The waste is not labeled or identified as required under § 284.414 (relating to marking of containers).
(3) The number and type of containers and quantity of waste to be transported do not appear to correspond with the number and type of containers and quantity of waste stated in the generator's log or shipping paper at the time of acceptance by the transporter.
(b) A transporter shall ensure that the waste shipment complies with applicable United States Department of Transportation regulations and 67 Pa. Code Part I (relating to Department of Transportation).
FACILITY RESPONSIBILITIES § 284.731. Scope.
Sections 284.732 and 284.734 (relating to use of logs or shipping papers; and significant discrepancies) apply to operators of waste processing or disposal facilities that receive regulated medical or chemotherapeutic waste or processed regulated medical or chemotherapeutic waste that is recognizable from offsite sources.
§ 284.732. Use of logs or shipping papers.
(a) Except for waste managed in accordance with § 284.701 (relating to scope), an operator of a designated facility may not accept shipments of regulated medical or chemotherapeutic waste or processed regulated medical or chemotherapeutic waste that is recognizable from offsite sources unless the shipment is accompanied by a log or shipping paper as required under this subchapter.
(b) The operator of the designated facility shall:
(1) Examine the records of the transporter.
(2) Note significant discrepancies in the log or shipping paper of the generator and transporter, as defined in § 284.734 (relating to significant discrepancies).
(3) Provide the transporter with a dated signature, including, but not limited to, handwritten, electronic or stamped signatures, from an authorized representative of the facility, acknowledging that it has accepted the waste from the transporter on that date.
§ 284.733. (Reserved).
§ 284.734. Significant discrepancies.
(a) This section applies if there is a significant discrepancy in the logs or shipping papers of the generator and transporter. A discrepancy is a difference between the quantity or type of waste designated in the log or shipping paper, and the quantity or type of waste a facility actually receives. A significant discrepancy occurs if one or more of the following apply:
(1) There is a variation greater than 5% in weight, for bulk waste.
(2) There is a variation in piece count, for batch waste, excluding 1% variation for generator-loaded trailers.
(3) There is a difference in waste type which can be discovered by inspection or waste analysis.
(b) If there is a significant discrepancy in the logs or shipping papers, the operator shall attempt to reconcile the discrepancy before the waste is processed or disposed of at the facility or before the waste is accepted at a transfer facility. If the discrepancy is not resolved within 3 business days of receipt of the waste, the operator shall immediately notify the appropriate regional office of the Department by telephone. Within 7 business days of receipt of the waste, the operator shall also send a letter to the regional office describing the discrepancy and attempts to reconcile it.
CHAPTER 285. STORAGE, COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
Subchapter A. STORAGE OF MUNICIPAL WASTE
ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF WASTE § 285.131. Storage and containment of ash residue from municipal waste incineration, including from regulated medical or chemotherapeutic waste incineration.
(a) Ash residue from municipal waste incineration, including from regulated medical or chemotherapeutic waste incineration, shall be stored in accordance with the following:
(1) In an enclosed container, which may include a properly tarped container, or in an enclosed area, which may include an adequately ventilated building.
(2) On a pad that is no more permeable than 1 x 10-7 cm./sec.
(3) To prevent the release, dispersal or discharge of ash residue into the air, water or onto land.
(b) Ash residue from a regulated medical or chemotherapeutic waste incinerator may be commingled with other municipal waste if the commingled waste is from one generator and if storage of the commingled waste is in accordance with subsection (a).
ADDITIONAL REQUIREMENTS FOR REGULATED MEDICAL AND CHEMOTHERAPEUTIC WASTE §§ 285.141—285.145. (Reserved).
Subchapter B. COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
GENERAL PROVISIONS § 285.218. Signs on vehicles.
A vehicle or conveyance that is ordinarily or primarily used for the transportation of solid waste shall bear a sign that meets the following:
(1) The sign shall include the name and business address of the person or municipality that owns the vehicle or conveyance.
(i) The name shall be the actually and commonly recognized name of the person or municipality. Abbreviations or acronyms are permissible if they do not obscure the meaning.
(ii) The address shall include the city, state and five digit zip code for the principal place of business for the person or municipality.
(2) The sign shall include the specific type of solid waste transported by the vehicle or conveyance.
(i) Regulated medical or chemotherapeutic waste shall be designated: Regulated Medical/Chemotherapeutic Waste.
(ii) Other municipal waste shall be designated: Municipal Waste.
(iii) Residual waste shall be designated: Residual Waste.
(iv) Mixed municipal and residual waste shall be designated: Municipal/Residual Waste.
(3) The sign shall have lettering that is 6 inches in height. The lettering shall be placed on the roll-off box or trailer. If available space for lettering on the trailer or roll-off box is so limited that all letters cannot be 6 inches in height, the lettering shall be as close to 6 inches as possible. The required information shall be clearly visible and easily readable.
(4) The sign may be permanent or detachable.
TYPES OF WASTE § 285.221. Transportation of ash residue from municipal waste incineration and from regulated medical or chemotherapeutic waste incineration.
(a) Ash residue from municipal waste incineration and from regulated medical or chemotherapeutic waste incineration shall be wetted immediately prior to loading, and shall remain wetted during transportation and unloading at a municipal waste landfill, to prevent the dispersal of ash residue.
(b) Ash residue from regulated medical or chemotherapeutic waste incineration shall be transported in an enclosed or covered vehicle to prevent dispersal of the residue.
(c) A transporter shall transport separately each generator's ash residue from regulated medical or chemotherapeutic waste.
(d) A transporter may transport ash residue from a regulated medical or chemotherapeutic waste incinerator that is commingled with other municipal waste if the commingled waste is from one generator and the waste is transported separately from another generator's waste.
ARTICLE IX. RESIDUAL WASTE MANAGEMENT
CHAPTER 287. RESIDUAL WASTE MANAGEMENT—GENERAL PROVISIONS
Subchapter A. GENERAL § 287.1. Definitions.
The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Special handling waste—Solid waste that requires the application of special storage, collection, transportation, processing or disposal techniques due to the quantity of material generated or its unique physical, chemical or biological characteristics. The term includes dredged material, sewage sludge, regulated medical waste, chemotherapeutic waste, ash residue from a solid waste incineration facility, friable asbestos-containing waste, PCB-containing waste, waste oil that is not hazardous waste, fuel contaminated soil, waste tires and water supply treatment plant sludges.
* * * * * § 287.2. Scope.
(a) This chapter specifies general procedures and rules for persons or municipalities who generate, manage or handle residual waste. This article specifies the Department's requirements for residual waste processing, disposal, transportation, collection and storage.
(b) Management of the following types of residual waste is subject to Article VIII (relating to municipal waste) instead of this article, and shall be regulated as if the waste is municipal waste regardless of whether the waste is a municipal waste or residual waste:
(1) Construction/demolition waste, as defined in § 271.1 (relating to definitions).
(2) Regulated medical and chemotherapeutic waste. The terms shall have the same meaning for residual waste as set forth in § 271.1.
* * * * *
CHAPTER 288. RESIDUAL WASTE LANDFILLS
Subchapter D. ADDITIONAL REQUIREMENTS FOR CLASS I RESIDUAL WASTE LANDFILLS
ADDITIONAL OPERATING REQUIREMENTS—
GENERAL§ 288.423. Minimum requirements for acceptable waste.
* * * * * (b) A person or municipality may not dispose of municipal waste or special handling waste at a Class I residual waste landfill, except that the Department may, in the permit, approve the storage or disposal of the following types of waste generated by the operator:
(1) Industrial lunchroom or office waste.
(2) Special handling waste, other than sewage sludge, regulated medical or chemotherapeutic waste, waste oil or ash residue from the incineration of municipal waste.
* * * * *
CHAPTER 299. STORAGE AND TRANSPORTATION OF RESIDUAL WASTE
Subchapter B. STANDARDS FOR COLLECTING AND TRANSPORTING OF RESIDUAL WASTE
GENERAL PROVISIONS § 299.220. Signs on vehicles.
A vehicle or conveyance that is ordinarily or primarily used for the transportation of solid waste shall bear a sign that meets the following:
(1) The sign shall include the name and business address of the person or municipality that owns the vehicle or conveyance.
(i) The name shall be the actually and commonly recognized name of the person or municipality. Abbreviations or acronyms are permissible if they do not obscure the meaning.
(ii) The address shall include the city, state and five digit zip code for the principal place of business for the person or municipality.
(2) The sign shall include the specific type of solid waste transported by the vehicle or conveyance.
(i) Regulated medical or chemotherapeutic waste shall be designated: Regulated Medical/Chemotherapeutic waste.
(ii) Other municipal waste shall be designated: Municipal Waste.
(iii) Residual waste shall be designated: Residual Waste.
(iv) Mixed municipal and residual waste shall be designated: Municipal/Residual Waste.
(3) The sign shall have lettering that is 6 inches in height. The lettering shall be placed on the roll-off box or trailer. If available space for lettering on the trailer or roll-off box is so limited that all letters cannot be 6 inches in height, the lettering shall be as close to 6 inches as possible. The required information shall be clearly visible and easily readable.
(4) The sign may be permanent or detachable.
[Pa.B. Doc. No. 14-2307. Filed for public inspection November 7, 2014, 9:00 a.m.]
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