Section 526.02. Applicability.

 

(1)  Except as otherwise provided, the infectious waste management rules apply to all persons generating, handling, storing, transporting, shipping, treating and disposing of infectious waste.

(2)  Except as otherwise provided, the medical waste reduction rules in this chapter apply only to medical facilities.

(3)  Except as otherwise provided, this chapter governs all solid waste facilities as defined in s. 289.01 (35) , Stats., except hazardous waste facilities as defined in s. 291.01 (8) , Stats., and regulated under chs. NR 660 to 679 ; metallic mining operations for nonferrous minerals as defined in s. 293.01 (9) , Stats., and regulated under ch. NR 182 ; and metallic mining operations for ferrous minerals as defined in s. 295.41 (26) , Stats., including mining wastes and mining waste sites as defined in s. 295.41 (30) and (31) , Stats., and regulated under subch. III of ch. 295 , Stats.

(4)  This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41 , Stats., or permitted under ch. 283 , Stats. , nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41 , Stats., or permitted under ch. 283 , Stats. , except for facilities used for the disposal of solid waste.

(5)  Except as otherwise provided, this chapter does not apply to the handling, transportation, treatment or disposal of animal carcasses, animal tissue, blood and body fluids from animals, or animal excreta. In cases where the requirements of this chapter conflict with the requirements of s. 95.50 , Stats., concerning the disposition of animal carcasses, the provisions of s. 95.50 , Stats., shall take precedence.

(6)  This chapter does not apply to medical waste mixed with radioactive material which is managed and disposed in a manner that does not violate the provisions of 10 CFR parts 20 , 35 , 60 and 61 , and ch. DHS 157 . Except as otherwise provided, this chapter shall apply after the radioactive component has decayed in storage as provided in 10 CFR 35.92 and ch. DHS 157 or is otherwise not regulated as radioactive material.

(7)  Any provision of this chapter which deals with occupational health and safety does not apply to a person who is subject to a federal standard for the same activity which is in effect under the federal occupational safety and health act of 1970 and standards promulgated thereunder by OSHA.

(8)  Any requirement of subch. II which deals with transportation of infectious waste does not apply to a person who is subject to a federal standard for the same activity established by the United States department of transportation in 49 CFR Parts 171 , 172 , 173 , 177 and 178 .

History: Cr. Register, October, 1994, No. 466 , eff. 11-1-94; corrections in (6) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567 ; CR 05-020 : cr. (8) Register January 2006 No. 601 , eff. 2-1-06; corrections in (3) and (6) made under s. 13.92 (4) (b) 7., Stats., Register April 2012 No. 688 ; CR 13-057 : am. (3) Register July 2015 No. 715 , eff. 8-1-15.