Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-121-80 - Relationship to other bodies of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Solid
				  Waste Management Regulations (9VAC20-81) address other requirements for solid
				  waste management. If there is a conflict between the provisions of this chapter
				  and the solid waste management regulations, this chapter is
				  controlling.
B. Regulated medical
				  waste management facilities must also comply with any applicable sections of
				  the Hazardous Waste Management Regulations (9VAC20-60). If there is a conflict
				  between the provisions of this chapter and the hazardous waste management
				  regulations, 9VAC20-60 is controlling.
C. Intrastate shipment of hazardous materials
				  is subject to the Regulations Governing the Transportation of Hazardous
				  Materials (9VAC20-110). If there is a conflict between the provisions of this
				  chapter and the hazardous materials transportation regulations, 9VAC20-110 is
				  controlling.
D. Generators of
				  regulated medical waste and regulated medical waste management facilities may
				  be subject to the general industry standard for occupational exposure to
				  bloodborne pathogens in
				  16VAC25-90-1910.1030
				  (29 CFR
				  1910.1030).
E. Persons transporting regulated medical
				  waste are subject to the federal requirements in the U.S. Department of
				  Transportation Hazardous Material Regulations at
				  49 CFR Parts
				  171 through
				  180.
F. Facilities managing select agents or
				  toxins are subject to the Regulations for Disease Reporting and Control
				  (12VAC5-90) as administered by the Virginia Department of Health. Facilities
				  that possess, use, or transfer select agents or toxins are also subject to
				  registration, reporting, inactivation, destruction, and compliance with the
				  U.S. Department of Health and Human Services and U.S. Department of
				  Agriculture's Federal Select Agent Program and the federal select agent
				  regulations at 7 CFR Part
				  331, 9 CFR Part 121, and 42 CFR Part
				  73.
G. If there is a conflict
				  between provisions of this chapter and adopted regulations of another agency of
				  the Commonwealth, the provisions of these regulations are set aside to the
				  extent necessary to allow compliance with the regulations of the other agency.
				  If neither regulation controls, the more stringent standard applies.
H. Nothing in this chapter either precludes
				  or enables a local governing body to adopt ordinances. Compliance with one body
				  of regulation does not ensure compliance with the other, and normally, both
				  bodies of regulation must be fully complied with.
I. The Financial Assurance Regulations for
				  Solid Waste Disposal, Transfer, and Treatment Facilities (9VAC20-70) shall be
				  applicable in all parts to regulated medical waste management facilities.
				  Nothing in this chapter governing regulated medical waste management shall be
				  considered to delete or alter any requirements of the department as set out in
				  Financial Assurance Regulations for Solid Waste Facilities.
J. The U.S. Nuclear Regulatory Commission, 10
				  CFR, regulates management of radioactive materials. The Virginia Department of
				  Health has established other requirements in accordance with Title 32.1 of the
				  Code of Virginia. No regulated medical waste containing radioactive materials,
				  regardless of amount or origin, shall be treated unless its management and
				  treatment are in full compliance with these two bodies of regulations and are
				  deemed by both regulations to represent no threat to public health and the
				  environment.
Statutory Authority: § 10.1-1402 of the Code of
						Virginia; 42 USC §
													6941 et seq.;
						40 CFR Part
						257.