West Virginia Code § 20-5J-3

Definitions
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As used in this article:
(1) "Commercial infectious medical waste facility" means any infectious medical waste
management facility at which thirty-five percent or more by weight of the total infectious
medical waste stored, treated, or disposed of by said facility in any calendar year is
generated off-site.
(2) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing
of any infectious medical waste into or on any land or water so thuat such waste, or any
constituent thereof, may be emitted into the air, discharged into any waters, including
groundwater, or otherwise enter into the environment.
(3) "Generator" means any person, by site location, whaose act or process produces medical
waste.
(4) "Hospital" means an institution which is primarily engaged in providing to inpatients, by
or under the supervision of physicians, diagnostic and therapeutic services for medical
diagnosis, treatment and care of injured, diisabled or sick persons or services for the
rehabilitation of injured, disabled or sick persons. This term also includes psychiatric and
tuberculosis hospitals.
(5) "Infectious medical waste" means medical waste identified as capable of producing an
infectious disease. Medical waste shall be considered capable of producing an infectious
disease if it has been, or is likely to have been, contaminated by an organism likely to be
pathogenic to healthy humans, if such organism is not routinely and freely available in the
community, and such organism has a significant probability of being present in sufficient
quantities andV with sufficient virulence to transmit disease. For the purposes of this article,
infectious medical waste shall include the following:
(A) Cultures and stocks of microorganisms and biologicals;
(B) Blood and blood products;
(C) Pathological wastes;
(D) Sharps;
(E) Animal carcasses, body parts, bedding and related wastes;
(F) Isolation wastes;
(G) Any residue or contaminated soil, water or other debris resulting from the cleanup of a
spill of any infectious medical waste; and
(H) Any waste contaminated by or mixed with infectious medical waste.
(6) "Medical waste" means infectious and noninfectious solid waste generated in the course
of the diagnosis, treatment or immunization of human beings or animals, or in research
pertaining thereto, or in the production or testing of biologicals. Such term does not include
low-level radioactive waste, any hazardous waste identified or listed under Subtitle C, or any
household waste as defined in the regulations promulgated pursuant to Subetitle C.
(7) "Noncommercial infectious medical waste facility" means any infectious medical waste
facility at which less than thirty-five percent by weight of the total infectious medical waste
stored, treated or disposed of by said facility in any calendar yeaur is generated off-site.
(8) "Noninfectious medical waste" means any medical waste not capable of producing an
infectious disease or infectious medical waste which has been rendered noninfectious.
Noninfectious medical waste is considered solid wastea for purposes of this code.
(9) "Off-site" means a facility or area for the collectlion, storage, transfer, processing,
treatment or disposal of infectious medical wasste that is not on the generator's site, or a
facility or area that received infectious medical waste for storage or treatment that has not
been generated on-site. i
(10) "On-site" means the same or geographically contiguous property which may be divided
by a public or private right-of-way, provided the entrance and exit between the properties is
at a crossroads intersection, and access is by crossing, as opposed to going along, the right-
of-way. Noncontiguous properties owned by the same person but connected by a right-of-
way controlled by said person and to which the public does not have access is also
considered on-site property. Hospitals with more than one facility located in the same county
shall be considered one site.
(11) "Secretary" means the secretary of the Department of Health or his or her designee.
(12) "Small quantity generator" means any generator of infectious medical waste who
generates fifty pounds or less during a one-month period.
(13) "Storage" means the containment of infectious medical waste on a temporary basis.
Storage shall not constitute disposal of the waste.
(14) "Subtitle C" means Subtitle C of the federal Resource Conservation and Recovery Act of
1976, 90 Stat. 2806, as amended.
(15) "Treatment" means any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character or composition of any
infectious medical waste so as to render such waste noninfectious.

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