(a)

1. (1) Before any substantial changes can be made at a commercial nonincineration medical waste treatment, storage, and/or disposal (TSD) facility or a commercial mobile treatment system, a modification permit application must be issued.

2. (2)

   1. (A) Substantial changes include, but are not limited to:

(i) Change in the treatment/disposal method;

1. (ii) Major changes to the process rates and equipment;

   1. (iii) Change of ownership; or

      1. (iv) Change of location.
   2. (B) Change of treatment location for mobile systems is not considered a substantial change.

(b) Permits are nontransferable.

1. (c) To apply for a permit modification, the commercial nonincineration medical waste treatment, storage, and/or disposal (TSD) facility or mobile treatment system owner shall submit each of the following to the Department of Health’s Medical Waste Program:
2. (1) A notice of intent, signed by an authorized representative of the company, on forms provided by the department;

3. (2)

   1. (A) Detailed engineering and architectural construction documents and specifications of all substantial changes to the facility and/or equipment.
   2. (B) Documents and specifications must be reviewed and bear the seal of an Arkansas-registered architect or engineer;
4. (3) Cases of location change, with the exception of commercial mobile units, will require 20 CAR § 53-502 and 20 CAR § 503(1) and (2) to be met;
5. (4) Cases where the treatment or disposal techniques change will require 20 CAR § 53-515(a)(9) – (12) to be met; and

6. (5) Other documentation or information as requested by the department.

   1. (d) The department may levy up to one hundred dollars ($100) per hour not to exceed five thousand dollars ($5,000) for permit modification application processing costs incurred by the department.