N.J. Admin. Code § 7:26-3A.41

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26-3A.41 - Use of the tracking form for intermediate handlers and destination facilities

(a) The owner or operator of a destination facility when receiving a tracking form shall:

1. Sign and date each copy of the tracking form to certify that the regulated medical waste listed on the tracking form was received;

2. Note any discrepancies as defined in 7:26-3A.42(a) on the tracking form;

3. Immediately give the transporter "Copy 3--Transporter Copy" of the signed tracking form:

i. In the case of regulated medical waste transported in accordance with 7:26-3A.17(a) immediately give the generator "Copy 4--Generator Copy" of the signed tracking form.

ii. In the case of regulated medical waste transported in accordance with 7:26-3A.17(b) the disposal facility shall mail "Copy 4--Generator Copy" of the signed tracking form.

4. Send "Copy 4--Generator Copy" of the tracking form to the generator (or "Copy 3--Transporter Copy" to the transporter or intermediate handler that initiated the tracking form) within 15 days of the delivery; and

5. Retain "Copy 2--Destination Facility Copy" of each tracking form in accordance with 7:26-3A.43.

(b) When an intermediate handler receives regulated medical waste the owner or operator shall meet the following requirements:

1. The owner or operator shall meet all the requirements for generators under both 7:26-3A.10 through 3A.16 and 3A.18 through 3A.23, including signing the tracking form accepting the waste as specified in Box 20, noting any discrepancies on the tracking form in Box 23, and entering the new tracking form number in Box 21 when initiating a new tracking form for each shipment of regulated medical waste that has either been treated or destroyed.

2. The owner or operator shall maintain an intermediate handler log matching the original generator's tracking forms to the tracking form initiated. The intermediate handler log shall include:

i. The name(s) of generator(s);

ii. The generator's address. If the generator is not located in New Jersey, then use the generator's state permit or identification number. If the state does not issue permit or identification numbers, then use the generator's address;

iii. The date the regulated medical waste was originally shipped by the generator or the generator's unique tracking form number; and

iv. The new tracking form number to which the waste is assigned.

3. Within 15 days of receipt of the tracking form that the intermediate handler initiated and that was signed by the destination facility, the intermediate handler shall:

i. Attach a copy of the tracking form signed by the destination facility to the original tracking form initiated by the generator identified in (b)2i above;

ii. Send a copy of each tracking form to the generator who initiated the tracking form; and

iii. Retain a copy of each tracking form in accordance with the requirement of 7:26-3A.43.

(c) If a destination facility or intermediate handler receives from a rail transporter regulated medical waste that is accompanied by shipping papers containing the information required on the medical waste tracking form, with the exception of the generator's certification and chain of custody signatures, the owner or operator or an agent of the owner or operator shall:

1. Sign and date each copy of the tracking form or the shipping papers (if the tracking form has not been received);

2. Note any discrepancies as defined in 7:26-3A.42(a) on each copy of the tracking form or shipping papers (if the tracking form has not been received);

3. Immediately give the rail transporter at least one copy of the tracking form or shipping papers (if the tracking form has not been received);

4. If the facility is a destination facility, send a copy of the signed and dated tracking form to the generator within 15 days after the delivery. If the owner or operator has not received the tracking form within 15 days of delivery, he shall send a copy of the signed and dated shipping papers to the party initiating the tracking form;

5. If the facility is an intermediate handler, retain a copy of the tracking form (or the shipping papers if the tracking form has not been received), until receiving a copy of the tracking form signed by the owner or operator of the destination facility. The facility then shall:

i. Attach a copy of the tracking form signed by the destination facility to the original tracking form (or the shipping papers if the tracking form has not been received) initiated by another party;

ii. Send a copy of each tracking form (or each set of shipping papers) to the party who initiated the tracking form; and

iii. Retain a copy of each tracking form in accordance with the requirements of 7:26-3A.43.

(d) The destination facilities and intermediate handlers as set forth in (c) above shall retain a copy of the tracking form (or shipping papers if signed in lieu of the tracking form) for at least three years from the date of acceptance of the regulated medical waste unless the Department specifically requires an additional retention period.

(e) The destination facilities and intermediate handlers receiving shipments by rail should expect to receive the tracking form from the generator, or the preceding non-rail transporter who will have sent the tracking form to the facility by some other means (for example, by mail).

(f) In cases where the destination facility or intermediate handler is an out-of-State facility and will not comply with the tracking form requirements of this section as listed above, signed generator copies of the tracking form shall be returned to the generator by the transporter.

N.J. Admin. Code § 7:26-3A.41

Recodified from 7:26-3A.39 and amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
In (a)2, amended N.J.A.C. references; in (a)3 through (a)5, amended form references; in (b)1, inserted reference to discrepancies; in (b)3, inserted reference to intermediate handler; in (c)2, amended N.J.A.C. references. Former section, "Record keeping for intermediate handlers and destination facilities", was recodified to N.J.A.C. 7:26-3A.43.
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
Added (f).