(1) "Commercial medical waste" means any medical waste transported from a generator to an off-site disposal facility when the off-site disposal facility is engaged in medical waste disposal for profit;

(2) "Department" means the Department of Health;

(3) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land, used for treating, destroying, storing, or disposing of infectious waste. A facility may consist of several treatment, destruction, storage, or disposal operational units;

(4) "Generator" means any person producing medical waste;

(5) "Medical waste" means a waste from healthcare-related facilities, which, if improperly treated, handled, or disposed of may serve to transmit an infectious disease and which includes the following:

(A) Pathological wastes -- all human unfixed tissues, organs, and anatomical parts, other than intact skin, which emanate from surgeries, obstetrical procedures, dental procedures, autopsies, and laboratories. Such waste shall be exclusive of bulk formaldehyde and other preservative agents;

(B) Liquid or semiliquid blood such as human blood, human blood components and products made from human blood, for example, serum and plasma, and other potentially infectious materials, to include regulated human body fluids such as semen, vaginal secretions, cerebrospinal fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids when it is difficult or impossible to differentiate between body fluids, not to include urine or feces, which cannot be discharged into the collection system of a publicly owned treatment works within the generating facility;

(C) Contaminated items, to include dressings, bandages, packings, gauze, sponges, wipes, cotton rolls and balls, etc., which cannot be laundered and from which blood, blood components, or regulated body fluids drip freely, or that would release blood or regulated body fluids in a liquid or semiliquid state if compressed or that are caked with dried blood or regulated body fluids and are capable of releasing these materials during handling:

(i) Disposable, single-use gloves such as surgical or examination gloves shall not be washed or decontaminated for reuse and are handled as a contaminated item; and

(ii) Protective coverings such as plastic wrap and aluminum foil used to cover equipment and environmental surfaces when removed following their contamination are considered a contaminated item;

(D) Microbiological waste -- includes, but is not limited to, cells and tissue cultures, culture medium or other solution and stocks of infectious agents, organ cultures, culture dishes, devices used to transfer, inoculate, and mix cultures, paper and cloth which have come in contact with specimens or cultures, and discarded live vaccines; and

(E) Contaminated sharps, which includes, but is not limited to, hypodermic needles, intravenous tubing with needles attached, syringes with attached needles, razor blades used in surgery, scalpel blades, Pasteur pipettes, broken glass from laboratories, and dental wires;

(6) "Off-site" means any facility which is not on-site;

(7)

(A) "On-site" means a facility on the same or adjacent property.

(B) "Adjacent" as used in this subdivision (7) means real property within four hundred (400) yards from the property boundary of the existing facility;

(8) "Person" means an individual or any legal entity;

(9) "Transport" means the movement of medical waste from the generator to any intermediate point and finally to the point of treatment or disposal; and

(10) "Treater or disposer" means any facility as defined in subdivision (3) of this section or "commercial medical waste incineration facility" as defined in § 8-6-1302.