BACKGROUND

A comprehensive, cradle-to-grave, regulated medical waste (RMW) management program was developed by the New Jersey Department of Environmental Protection (NJDEP) under New Jersey's Comprehensive Regulated Medical Waste Management Act (N.J.S.A. 13:1E-48 et seq.), with the assistance of the Department of Health and Senior Services (DHSS). Procedures for the proper processing, transportation and ultimate disposal of RMW are listed in the New Jersey Administrative Code, Title 7, Chapter 26, Subchapter 3A, (N.J.A.C. 7:26-3A). Guidelines for general procedures in other medical situations may be found in the DHSS Hospital Licensure Manual, Section 306, and; in the Occupational Safety and Health Administration Instruction (CPL 2-2.44).

The Regulated Medical Waste Fact sheets are a publication of the Division of Solid and Hazardous Waste (DSHW), Bureau of Resource Recovery and Technical Programs. These fact sheets are designed only as an information guide, to be read in conjunction with the New Jersey RMW regulations. All persons are responsible for compliance with the RMW Regulations at N.J.A.C. 7:26-3A et seq.

COPIES OF
REGULATIONS &
FORMS

Copies of the New Jersey Comprehensive Regulated Medical Waste Management Act (N.J.S.A. 13:1E-48.1 et seq.), the New Jersey medical waste regulations (N.J.A.C. 7:26-3A) are available from the publishing firm West Group, 610 Opperman Drive, PO Box 64526, St. Paul, MN 55164-0526, Telephone - 1-800-808-9378, Fax - 1-800-562-2329. The RMW regulations are found at pages 26-121 through 26-152. As an alternative to purchasing the regulations from the publishing firm, access to an unofficial version of the regulations is made available from the Department's web site at http://www.state.nj.us/dep/dshw/resource/rules. New Jersey RMW tracking forms, reporting forms and technical assistance with regulatory interpretations may be obtained from the NJDEP, DSHW, Bureau of Resource Recovery and Technical Programs, PO Box 414, Trenton, NJ 08625-0414 or by calling (609) 984-6620 during normal business hours.

WHAT IS
REGULATED
MEDICAL WASTE?
(N.J.A.C. 7:26-3A.6)

RMW is defined as any solid waste, generated in the diagnosis, treatment (e.g., provision of medical services), or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, that is not excluded or exempted under N.J.A.C. 7:26-3A.6(b) and that is listed or meets any waste characterization criteria described in the table at N.J.A.C. 7:26-3A.6(a). Refer to the rule for excluded wastes (N.J.A.C. 7:26-3A.6(b))."Treated RMW" means RMW that has been treated to substantially reduce or eliminate its potential for causing disease, but has not yet been destroyed (N.J.A.C. 7:26-3A.5).

"Destroyed RMW" means RMW that is no longer generally recognizable as RMW because all components of the waste have been ruined, torn apart, or mutilated to produce unrecognizable and unusable pieces smaller than three-quarters of an inch, except that all sharps must be smaller than one-half inch. It does not mean compaction or encapsulation except through:

1. Processes such as thermal treatment or melting, during which treatment and destruction occur;
2. Processes such as shredding, grinding, tearing, or breaking, during which only destruction takes place; or
3. Processes that melt plastics and fully encapsulate metallic or other sharps in the melted plastic and, in addition, the resulting melted plastic mass must be completely sealed in a secondary puncture-proof container that will not be opened or penetrated by undestroyed sharps in any circumstance of handling.

"Collection facility" means a facility where individual shipments of packaged, tracked regulated medical waste are assembled and/or consolidated, or transferred between vehicles, but are not opened or unpackaged prior to transport off-site for disposal.
"Destination facility" means the disposal facility , the incineration facility, or the facility that both treats and destroys regulated medical waste, to which a consignment of such is intended to be shipped, specified in Box 8 of the Medical Waste Tracking Form. The term "destination facility" also means any generator or facility that treats and destroys its own medical waste.

WHAT IS A
REGULATED
MEDICAL WASTE
TRANSPORTER?
(N.J.A.C. 7:26-3A.5)

"Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of RMW are held (come to rest), during the course of transportation for a period not to exceed 24 hours and are not transferred to other vehicles during the course of transportation. A transfer facility is a "transporter". A location at which RMW is transferred directly between two vehicles is not a transfer facility but is considered a transfer station and must be permitted as such pursuant to N.J.A.C. 7:26-2.4. (N.J.A.C. 7:26-3A.5)

REGISTRATION
AND FEES
(N.J.A.C. 7:26-3A.27)

To legally transport RMW in New Jersey a transporter must: (N.J.A.C. 7:26-3A.8) *

1. Register as a RMW transporter N.J.A.C. 7:26-3A.8;
2. Register as a solid waste transporter in accordance with N.J.A.C. 7:26-3.2, pay fees in accordance with N.J.A.C. 7:26-4, and comply with the requirements of N.J.A.C. 7:26-3.1,3.4,3.7 and 16; and
3. Obtain a Certificate of Public Convenience and Necessity as required by N.J.S.A. 48:13A-6.

* Exemptions (N.J.A.C. 7:26-3A.17(a))
Generators of less than 3 cubic feet (50 pounds) of RMW per month that transport only their own RMW to another generator for storage or disposal are exempt from N.J.A.C. 7:26-3a.16(d) and N.J.A.C. 7:26-3A.27(c). The generator shall meet the following conditions:

1. The RMW is transported by the generator or authorized employee in a vehicle with a gross weight of less than 8,000 pounds, owned by the generator, the same operator as the generator at that site or the same operator's or generator's authorized employee;
2. The original generation point and the storage point or disposal facility are located in New Jersey; and
3. The generator completes the New Jersey Medical Waste Tracking Form in accordance with (N.J.A.C. 7:26-3A.19).

TRACKING FORM

Transporters may only accept shipments of RMW accompanied by a properly completed New Jersey Tracking Form from registered generators (N.J.A.C. 7:26-3A.28(b)). See N.J.A.C. 7:26-3A.19 for generator tracking form completion and N.J.A.C. 7:26-3A.31 for transporter completion.

Each New Jersey RMW Tracking Form contains 6 copies to be distributed as follows:

Copy 6 - Generator Copy - retained by generator
Copy 3,4 & 5 - Transporter Copy - retained by transporter
Copy 2 - Destination Facility Copy - retained by destination facility owner/operator
Copy 1 - Generator Copy - mailed by destination facility back to generator

A transporter may choose to consolidate to a single tracking form shipments of RMW (N.J.A.C. 7:26-3A.33(a)). The transporter must maintain a consolidation log indicating all shipments consolidated on that tracking form (N.J.A.C. 7:26-3A.33(b)4). The transporter's consolidation log must accompany the tracking form and include all required information (N.J.A.C. 7:26-3A.33).

RECORD-KEEPING

A transporter must retain the RMW tracking form for a period of three years from the date the waste was accepted by the transporter unless the department specifically requires an additional retention period (N.J.A.C. 7:26-3A.34).

LABELING AND
MARKING

Transporters shall not accept any shipment of RMW from a generator unless the outer surface of the container is properly labeled and marked in accordance with N.J.A.C. 7:26-3A.14 and 3A.15 (N.J.A.C. 7:26-3A.28(a)).

Labeling means each generator must, prior to offering waste for transport off-site, label each container of untreated RMW with a water-resistant label affixed to or printed on the outside of the container. The label shall include the words "Medical Waste" or "Infectious Waste" or display the universal biohazard symbol. Treated RMW or red plastic bags used as an inner container are not required to be labeled (N.J.A.C. 7:260-3A.14(a)1).
Marking means the generator (including intermediate handlers) must mark the outermost surface of the outer container of RMW prepared for shipment with a water-resistant identification tag containing the generator's or intermediate handler's name and address, the transporter's name and NJDEP solid waste registration number, date of shipment, and identification of the contents as RMW (N.J.A.C. 7:26-3A.15(a)1). Inner containers have separate marking requirements. See N.J.A.C. 7:26-3A.15(A)2.

Note: Transporters, if consolidating loads, are responsible for labeling and marking all packaging (inner and outer) used to meet pretransport performance standards. (N.J.A.C. 7:26-3A.27)

VEHICLE REQUIREMENTS

Transporters of RMW must use vehicles that meet the following requirements (N.J.A.C. 7:26-3A.30):

1. The vehicle must have a fully enclosed, leak resistant cargo carrying body;
2. The transporter must ensure that the RMW does not become putrescent and is not subject to mechanical stress or compaction during loading, unloading or during transit;
3. The transporter must maintain the cargo-carrying body in good sanitary condition;
4. The cargo-carrying body must be securely locked if left unattended; and
5. Vehicles used to transport RMW must have on two sides and the back, written in letters of at least 3 inches, the transporters name, NJDEP solid waste transporter registration number, and an imprinted sign or the words "Medical Waste" or "Infectious Waste".

Note: Solid waste transported with RMW in the same container must be handled as RMW (N.J.A.C. 7:26-3A.30(c) in compliance with N.J.A.C. 7:26-3A.27-3A.36).

SPILL PLAN

N.J.A.C. 7:26- 3A.37 requires that transporters develop and implement a Spill Management Plan to govern the management and decontamination of regulated medical waste spills and to equip all vehicles transporting RMW with a Spill Kit to contain the items listed at N.J.A.C. 7:26-3A.37(b)1. In certain cases the Department may allow a modified Spill Kit to be used if it deems such kit is adequate to contain RMW spills that may occur specific to the transporter applying for the modification. If such a modified Spill Kit is warranted, a letter stating so shall be issued by the Department.

REPORTING

A transporter accepting RMW which is generated, stored, transferred, treated, destroyed, disposed of, or otherwise managed in New Jersey, must submit a RMW transporter report to the NJDEP describing the source and disposition of the waste (N.J.A.C. 7:26-3A.35).

The transporter reports must be submitted on forms available from the NJDEP and sent to the NJDEP, DSHW, Bureau of Resource Recovery and Technical Programs, PO 414, Trenton, NJ 08625-0414.

Transporters must submit annual RMW transporter reports on or before July 30 of each calendar year covering the period of July 1 through June 30 (N.J.A.C. 7:26-3A.35(f)) unless the Department specifically requires a different date.

RAIL TRANSPORT

See N.J.A.C. 7:26-3A.45 for regulatory requirements.

INTERNATIONAL TRANSPORT

See N.J.A.C. 7:26-3A.31(e) and 3A.32 for regulatory requirements for exportation to a foreign country