West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-14 - Inspections; Right of Entry; Sampling; Reports and Analyses; Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
Inspections and other monitoring activities are required to
				  be conducted according to the provisions of
W. Va. Code
§§ 22-18-13 and 20-51-7 which are outlined in this section.
14.1. Upon the presentation of proper
				credentials and at reasonable times, the Secretary has the authority to enter
				any building, property, premises, place, vehicle or permitted facility where
				infectious medical waste is or has been generated, handled, treated, stored,
				transported or disposed of for the purpose of promptly investigating any
				person's compliance with the provisions of relevant State law, this rule or
				permits issued under this rule.
14.2. The Secretary is required to make
				periodic inspections of every permitted facility as necessary to effectively
				implement and enforce the requirements of relevant State law, this rule or
				permits issued in accordance with this rule. After an inspection is made, a
				report is to be prepared and filed with the Secretary. A copy of the inspection
				report is required to be promptly furnished to the person in charge of the
				building, property, premises, place, vehicle or facility. All inspection
				reports are available to the public in accordance with the provisions of
W. Va. Code
§ 29B-1-1
et seq.
14.3. Whenever the Secretary has cause to
				believe that any person is in violation of any provision of relevant State law,
				this rule, any condition of a permit issued by the Secretary, or any order
				issued under this rule, he or she is required to immediately order an
				inspection of the building, property, premises, place, vehicle or permitted
				facility at which the alleged violation is occurring.
14.4. Upon presentation of proper credentials
				and at reasonable times, the Secretary has the authority to enter any
				establishment, building, property, premises, vehicle or other place maintained
				by any person where infectious medical waste is being or has been generated,
				transported, stored, treated or disposed of to inspect and take samples of
				wastes and the contents of any containers or labeling for such wastes. A
				receipt describing such samples, and, if requested, a portion of such sample
				equal in volume or weight to the portion retained is to be given to the owner,
				operator or agent in charge prior to the sample being taken from the premises.
				The Secretary is required to provide a copy of any analysis to the owner,
				operator or agent in charge promptly.
14.5. Upon presentation of proper credentials
				and at reasonable times, the Secretary is to be given access to all records
				relating to the generation, transportation, storage, treatment or disposal of
				infectious medical waste in the possession of any person who generates, stores,
				treats, transports, disposes of, or otherwise handles or has handled such
				waste. The Secretary is to be furnished with copies of all such records or
				given the records for the purpose of making copies. If the Secretary, upon
				inspection, investigation or through other means, observes or learns of a
				violation or probable violation of relevant State law or this rule, he or she
				is authorized to issue subpoenas and subpoenas
duces tecum
and
				to order the attendance and testimony of witnesses and to compel the production
				of any books, papers, documents, manifests and other physical evidence
				pertinent to such investigation or inspection.