(a) "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 the facility in any calendar year is generated off-site.
(b) "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 and with sufficient virulence to transmit disease. For the purposes of this article, infectious medical waste includes the following:
(1) Cultures and stocks of microorganisms and biologicals;
(2) Blood and blood products;
(3) Pathological wastes;
(5) Animal carcasses, body parts, bedding and related wastes;
(6) Isolation wastes;
(7) Any residue or contaminated soil, water or other debrisresulting from the cleanup of a spill of any infectious medical waste; and
(8) Any waste contaminated by or mixed with infectious medical waste.
(c) "Off-site" means a facility or area for the collection, storage, transfer, processing, treatment or disposal of infectious medical waste 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.
(d) "Secretary" means the secretary of the department of health and human resources or his or her designee.
Note: WV Code updated with legislation passed through the 2012 1st Special Session