Every person who collects, stores, transports, treats, or disposes of regulated infectious waste shall comply with these standards of performance.

1. At the point of origin, regulated infectious waste must be separated from other wastes and placed in distinctive containers which do not leak and which are impervious, puncture resistant, and tear resistant and which contain obvious markings (for example, red or orange plastic bags or the biohazard label). Bags and containers holding regulated infectious waste must be tied, closed, or sealed securely to prevent leakage. Prior to shipment offsite, all containers must comply with all appropriate federal and state department of transportation packaging and labeling requirements.

2. At the point of origin, sharps must be: a. Separated from other regulated infectious waste, disinfected onsite, rendered nonsharp onsite, and then disposed; or b. Placed in containers that are: (1) Closable; (2) Puncture resistant; (3) Leak-proof on sides and bottom; and (4) Labeled or color-coded in accordance with 29 CFR 1910.1030 and handled as required by subsection 5.

3. The handling and storage of regulated infectious waste, before the treatment of subsection 7, must be conducted in a manner which minimizes exposure to employees of the waste generator, the waste transporter, and the public.

4. Areas used for the storage of regulated infectious waste must be enclosed and meet the following requirements: a. Storage rooms, buildings, or areas must be of rodentproof construction which is readily cleanable with proper drainage.

1. b. Storage rooms or buildings, if not refrigerated, must be adequately vented and all openings must be screened.5. Containers and enclosed storage areas used for regulated infectious waste must be maintained according to the following requirements:- a. All containers and enclosed areas for storage of solid waste must be maintained in good repair and in a manner as necessary to prevent litter, nuisances, odors, insect breeding, and rodents.
2. b. Containers that are broken or otherwise fail to meet requirements of this section must be replaced with complying containers.6. Recycled containers or devices such as carts used for the handling of wastes must be disinfected after each use. The disinfectant must be either an United States environmental protection agency registered disinfectant that is also tuberculocidal, for a contact time as specified by the manufacturer, an unexpired dated stabilized bleach product that is an United States environmental protection agency registered disinfectant that is also tuberculocidal, for a contact time and as specified by the manufacturer or materials necessary to prepare a minimum ten percent sodium hypochlorite solution prepared immediately prior to use with a minimum thirty minutes of contact time with the container.7. All regulated infectious waste must be incinerated or disinfected and sharps that are not incinerated must be rendered nonsharp before disposal. Incineration and disinfection equipment and facilities shall meet the requirements of article 33.1-15 and this article.8. Blood and blood products can be discarded without incineration or disinfection through municipal sewage disposal systems that meet the requirements of article 33.1-16.9. The disposal of nonviable human fetuses shall meet the requirements of section 33.1-03-02-05.10. An infectious waste which is not regulated by this chapter may be disposed at a permitted municipal waste landfill.11. Household waste containing regulated infectious waste in amounts normally found in household waste may be disposed of at a permitted municipal waste landfill.12. Every person who treats or transports regulated infectious waste or operates a regulated infectious waste management unit or facility shall have a valid permit issued by the department.13. Vehicles used for the commercial collection and transportation of regulated infectious waste must be fully leakproof and fully enclosed or covered to prevent scattering of material.- a. Regulated infectious waste may not be subject to mechanical stress or compaction during loading, unloading, and transit.
3. b. Regulated infectious waste must not be allowed to become putrescent during transportation.
4. c. Any spilled material must be immediately returned to the transport vehicle or container and, if necessary, the area must be cleaned and decontaminated.14. The owner or operator of a permitted regulated infectious waste treatment facility shall comply with these standards:

a. Regulated infectious waste must be confined to storage containers and areas specifically designed to store waste. Waste handling and storage systems must provide sufficient excess capacity to prevent nuisances, environmental impacts, or health hazards in the event of mechanical failure or unusual waste flows.

b. All residues must be controlled and stored in a manner that does not constitute a fire or safety hazard or a sanitary nuisance.

c. The regulated infectious waste management facility may not cause a violation of the ambient air quality standard or odor rules, article 33.1-15, at the facility boundary.

d. All incinerators used for regulated infectious waste must be constructed and operated in compliance with article 33.1-15.

e. The owner or operator shall demonstrate that the treatment unit renders infectious waste noninfectious. The operator shall follow a written operational manual or documented quality assurance procedures for operating the treatment unit. The treatment unit must be tested at a frequency specified by the manufacturer's instructions or after every forty hours of operation to verify disinfection. Acceptable test methods may be physical, chemical, or microbiological in nature, as appropriate for the treatment method.

History: Effective January 1, 2019; amended effective July 1, 2020.

General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23