Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 526 - Medical Waste Management › Subchapter I - General Provisions › Section NR 526.04 - Exemptions

Current through June 24, 2024
(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.
(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.
(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).
(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.
(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.
(6) RESEARCH EXEMPTIONS.
				  Human tissue or animal tissue carrying an infectious agent which is used in
				  research is exempt from the requirements of this chapter until it is no longer
				  being used for research.
(7) ANIMAL
				  PRODUCT EXEMPTIONS. Animal tissue which is processed by a rendering plant or
				  incorporated into a consumer product is exempt from the requirements of this
				  chapter.
(8) WASTEWATER TREATMENT
				  PLANT EXEMPTIONS. Any mixture of domestic sewage and other wastes that passes
				  through a sewer system to a publicly-owned treatment works for treatment is
				  exempt from the requirements of this chapter.
Note: Persons who generate or manage small quantities of
					 infectious waste must follow all safety-related requirements found in this
					 rule, but may be exempt from administrative requirements such as licensing and
					 paperwork. Safety requirements are found in the following sections:
Section
					 NR 526.06 for
					 separating waste.
Section
					 NR
					 526.07 for containing infectious waste.
Section
					 NR
					 526.08 for handling infectious waste.
Section
					 NR
					 526.09(4) for storing and
					 transferring infectious waste.
Section
					 NR
					 526.10(3) for transporting and
					 shipping infectious waste.
Sections
					 NR 526.11 and
					 526.12(4) for
					 treating infectious waste.
Section
					 NR
					 526.13 for disposing of infectious waste.
Exemptions from administrative requirements are found in
					 the following sections:
Section
					 NR
					 526.09(2) for storage and transfer
					 licenses.
Section
					 NR
					 526.10(2) for transportation
					 licenses.
Section
					 NR
					 526.12(2) for treatment
					 licenses.
Section
					 NR
					 526.14(2) for infectious waste
					 manifests and keeping records of amounts generated.
Section
					 NR
					 526.15(2) for infectious waste annual
					 reports.
(9) BLOOD
				  COLLECTION VEHICLE EXEMPTIONS. Persons, including but not limited to the
				  American Red Cross, who are transporting whole blood or blood components from
				  temporary locations where blood is collected back to the collector's permanent
				  location 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.
(10) MASS VACCINATION WASTE EXEMPTIONS.
				  Persons who are transporting infectious waste from emergency mass vaccinations,
				  including but not limited to smallpox and excluding routine vaccinations, 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),
				  526.11,
				  526.12(4),
				  526.13 and
				  526.14(1) (a).
				  Persons transporting waste from emergency mass vaccinations may be required to
				  file annual reports under s.
				  NR
				  526.15.
USDOT requirements may apply to hazardous materials
						transported by researchers, emergency response personnel and blood collection
						vehicles. For more information, contact the USDOT helpline at 1-800-467-4922.