§ 284.701. Scope.

 (a)  Except as provided in subsections (b) and (c), this subchapter applies to a person or municipality that generates, transports, disposes or processes infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable.

 (b)  This subchapter does not apply to a person or municipality for the following activities:

   (1)  Onsite movement of infectious or chemotherapeutic waste by generators.

   (2)  Onsite movement of infectious or chemotherapeutic waste by owners or operators of permitted infectious or chemotherapeutic waste management facilities.

   (3)  Transportation by a generator who generates less than 220 pounds per month of infectious and chemotherapeutic waste if the following are met:

     (i)   The generator only transports his own waste.

     (ii)   The generator records on a log or shipping paper the following information for each shipment:

       (A)   The name, address and telephone number of the generator of the waste.

       (B)   The quantity of the waste transported and accepted by the processing or disposal facility.

       (C)   The date the waste is transported and accepted by the processing or disposal facility.

     (iii)   The generator carries and delivers a copy of this record with the waste shipment to the offsite processing or disposal facility.

   (4)  The transportation of used sharps from generators who generate less than 220 pounds per month of infectious and chemotherapeutic waste if the following are met:

     (i)   The package is sent to a permitted processing or disposal facility in this Commonwealth or to an out-of-State facility by certified mail, return receipt requested, indicating the name and address of the sender, the name of the addressee, the signature of the addressee, the date of delivery and the address where delivered or by utilizing an alternate tracking system approved in writing by the Department if applicable.

     (ii)   The packaging meets the requirements of the United States Postal Service or other mail carriers.

     (iii)   The generator maintains a log containing the following information:

       (A)   The weight of the waste transported.

       (B)   The date of shipment.

       (C)   The name and address of each processing or disposal facility to which the generator is shipping the waste by the United States Postal Service or other mail carrier.

   (5)  The transportation by a generator of less than 220 pounds per month of infectious or chemotherapeutic waste that he generates and processes onsite, but which is recognizable waste, if the following are met:

     (i)   The generator records on a log or shipping paper the following information for each shipment:

       (A)   The name, address and telephone number of the generator of the waste.

       (B)   The quantity of the waste transported and accepted by the disposal facility.

       (C)   The name, address and telephone number of the transporter for each shipment of waste. If applicable, the log or shipping paper shall include the identification number of a licensed transporter.

       (D)   The date the waste is transported and accepted by the processing or disposal facility.

     (ii)   A copy of the log or record shall be carried and delivered to the disposal facility by the transporter for each shipment of waste.

   (6)  The transportation through this Commonwealth of infectious or chemotherapeutic waste generated outside this Commonwealth and which is destined for processing or disposal outside this Commonwealth.

   (7)  The transportation of processed infectious or chemotherapeutic waste to a disposal facility if the waste has been rendered unrecognizable.

 (c)  This subchapter does not apply to a person or municipality which receives infectious or chemotherapeutic waste generated in this Commonwealth and which processes or disposes of the waste outside this Commonwealth in a state that provides a manifest or tracking form if the following are met:

   (1)  The state requires a manifest or tracking form for infectious or chemotherapeutic waste, regardless of whether the state requires a manifest or tracking form for infectious or chemotherapeutic waste as defined in this article.

   (2)  The generator obtains a manifest or tracking form for infectious or chemotherapeutic waste from that state.

   (3)  The generator, transporter and owner or operator of a processing or disposal facility comply with the requirements on the manifest or tracking form and applicable state or Federal law, managing the infectious or chemotherapeutic waste as if it were regulated waste under applicable law. For purposes of this subsection, applicable law includes the provisions of this subchapter that are expressly applicable to waste that will be transported outside this Commonwealth for processing or disposal.

   This section cited in 25 Pa. Code §  284.2 (relating to permit-by-rule for infectious or chemotherapeutic waste processing facilities; qualifying facilities; general requirements); 25 Pa. Code §  284.602 (relating to license requirement); 25 Pa. Code §  284.721 (relating to basic requirements); and 25 Pa. Code §  284.732 (relating to use of manifest).