3745-27-36 Registration requirements for generators and transporters of infectious waste.

(A) Generator registration requirements.

(1) All persons who generate fifty pounds or more of infectious waste in any one month at any one location shall register with the director of Ohio EPA as follows:

(a) No later than thirty days after the last day of the month in which fifty pounds or more of infectious waste were generated, the generator must submit to Ohio EPA an application for a registration certificate accompanied by an application fee of three hundred dollars. The application fee is non-refundable and the check for the application fee shall be made payable to the “Treasurer-State of Ohio.” A certificate is valid for three years.

(b) A registration certificate shall include all premises operated by the generator which either generate or treat infectious waste.

(2) Amendments. Any generator who holds a valid registration certificate under this paragraph shall ensure that all information that is contained on the registration certificate is correct and up to date by submitting an amended registration application form and obtaining an amended registration certificate that reflects any changes to current registrant information, premises information, or treatment method. No additional fee shall be charged to amend a registration certificate. An amended registration shall not alter the expiration date of the original registration certificate.

(3) Renewals. All generators who hold a valid registration certificate under this paragraph shall, at least thirty days prior to the expiration of the valid registration certificate, do one of the following:

(a) Submit an application to renew the registration.

(b) Submit to the director a reversion to small generator application which states that fifty pounds or more of infectious waste in any one month is no longer generated by the generator at any premises operated by the generator.

The generator shall provide verification that no more than fifty pounds of infectious waste were generated in any one month during the six months prior to expiration, at a minimum. Verification may consist of either photocopies of the shipping papers or certifications of treatment, which legibly state the amount of infectious waste shipped. In addition, if untreated liquid infectious waste is disposed of on the premises, the generator shall include a monthly log of the amount produced.

(4) Upon written notification that an application is incomplete the applicant shall, within fifteen days of receipt of the notification, correct noted deficiencies and resubmit the form or application. A registration cycle shall not be considered to be extended in the event of a deficiency notification or late submittal of an application.

(5) Registered generators who wish to transport infectious waste generated at premises operated by the generator and listed on the infectious waste generator registration certificate shall also register as a transporter of infectious waste under paragraph (B) of this rule, but are exempt from the registration fee as a transporter.

(6) The applicant, owner, or operator signing a document in accordance with this rule shall be one of the following:

(a) A person as defined in sections 3734.01 and 1.59 of the Revised Code.

(b) In the case of a corporation, by a principal executive officer of at least the level of vice-president or his duly authorized representative, who is responsible for the overall operation of a facility where infectious waste is generated.

(d) In the case of sole proprietorship, by the owner.

(e) In the case of a municipal, state, federal, or other governmental facility, by the principal executive officer, the ranking elected official, or other duly authorized employee.

(f) In the case of a limited liability company, a manager, member, or other duly authorized representative of the limited liability company, if such representative is responsible for the overall operation of the facility.

(7) Persons, who as part of their business activities engage in the designation and packaging of infectious wastes at places, including but not limited to, crime or accident scenes, and who generate fifty pounds or more of infectious wastes per month are subject to the requirements of this rule.

(B) Transporter registration requirements.

(1) All persons transporting untreated infectious wastes, in shipments originating or terminating in the state of Ohio, shall register the motor vehicles used for transport with the director of Ohio EPA. All transporters shall maintain a minimum of one vehicle on a registration certificate and do the following:

(a) Submit to Ohio EPA an application for a registration certificate accompanied by an application fee equal to the product of three hundred dollars multiplied by the number of motor vehicles the transporter has listed to transport untreated infectious wastes, unless payment is excepted under paragraph (A)(5) of this rule. The application fee is non-refundable and the check for the fee shall be made payable to the “Treasurer-State of Ohio.” A certificate is valid for three years except where stated in paragraph (B)(2)(c) of this rule.

(b) Disclose on the registration certificate application any location in Ohio where untreated infectious wastes are stored after receipt from the generator and prior to delivery to a licensed treatment facility or to a treatment facility in another state, or to another registered transporter. Such locations may include any building, enclosure, or locations where vehicles and trailers are stored.

(2) Amendments.

(a) A registered transporter shall obtain an amended registration certificate from the director whenever motor vehicles listed under the current registration certificate are either removed from service, replaced, or added for use by the transporter to transport infectious wastes.

(b) The transporter shall apply for an amended registration certificate application at least thirty days before proposed utilization of an unregistered vehicle for transport of infectious wastes.

(c) The transporter shall ensure that if the number of motor vehicles in the transporter’s fleet increases, the application for the amended registration certificate shall be accompanied by a fee prorated on an annual basis according to the time remaining in the registration cycle. If the number of motor vehicles in the fleet decreases, the director shall not refund to the transporter any portion of a registration or renewal fee applicable to a motor vehicle removed from use for transporting infectious wastes.

(d) A transporter shall submit a transporter amendment application form to disclose or note any change to storage location.

(3) Renewals. All persons who hold a valid registration certificate under this paragraph shall, at least thirty days prior to the expiration of the current registration certificate, do one of the following:

(a) Submit an application to renew their registration.

(b) Submit a letter to the director stating that the transporter is no longer transporting infectious waste, accompanied by all decals previously issued.

(4) Upon written notification that the application or letter is incomplete, the applicant shall, within fifteen days of receipt of the notification, correct noted deficiencies and resubmit the application or letter. A registration cycle shall not be considered to be extended in the event of a deficiency notification or late submittal of the application.

(5) Upon issuance of a registration certificate, a decal specific to each vehicle listed on the registration certificate shall be provided by the director of Ohio EPA. The decal shall be permanently affixed on the outside of the door located on the driver’s side of the motor vehicle identified on the registration certificate.

(6) Emergency registration certificate procedure.

(a) An emergency registration certificate is a temporary registration of an additional vehicle and shall be obtained only by a registered transporter. A facsimile transmission of the application is acceptable. The director shall retain the ability to request additional information or documentation of the nature of an event leading to an emergency registration application.

(b) An emergency registration certificate is vehicle specific and shall be valid for thirty consecutive calendar days from the date of issuance.

(c) The application fee for an emergency registration certificate shall be three hundred dollars per vehicle. The check shall be made payable to “Treasurer-State of Ohio,” and is non-refundable.

(d) The check for the fee and the original application containing the original signature shall be received by the director within three days of receipt of the facsimile.

(e) The emergency registration certificate shall be displayed within the motor vehicle at all times. The emergency registration certificate shall be accessible and shall be presented upon request by the Ohio EPA or local health department. The director may transmit a facsimile copy of the emergency registration certificate that shall be used until the receipt of the original emergency registration certificate.

(7) The applicant, owner, or operator signing a document in accordance with this rule shall be one of the following:

(a) A person as defined in sections 3734.01 and 1.59 of the Revised Code.

(d) In the case of sole proprietorship, by the owner.

(e) In the case of a municipal, state, federal, or other governmental facility, by the principal executive officer, the ranking elected official, or other duly authorized employee.

(8) The registration certificate and all decals issued to a transporter that are revoked by the director shall be returned within fourteen days to Ohio EPA .

(9) A motor vehicle not identified by the correct vehicle identification number (VIN) and correct decal number on a valid registration certificate shall not be used for transportation of infectious wastes.

Replaces: 3745-27-36

Effective: 07/05/2007

R.C. 119.032 review dates: 07/05/2012

Promulgated Under: 119.03

Statutory Authority: 3734.021, 3734.022

Rule Amplifies: 3734.021, 3734.022

Prior Effective Dates: 04/06/90, 05/08/92, 12/01/97, 03/01/01