A. The Department is authorized to conduct inspections of generators, transporters, medical waste treatment, storage and/or disposal (TSD) facilities, and mobile treatment systems where commercial medical waste is generated, transported, stored, treated, destroyed, disposed, transferred or otherwise managed.

B. The inspections may be announced or unannounced. The inspection may include the taking of photographs, samples, and copies of records and/or any other information relevant to the management of medical waste. Biological monitoring may be conducted. Inspections shall be conducted during the facility's normal business hours unless the Department determines an immediate inspection is necessary to protect the public health.

C. A written report of the inspection findings, recommendations and required corrective action including any proposed time frames will be provided to an authorized representative of the facility within forty-five (45) working days of the conclusion of the inspection. The inspection reports are subject to the Freedom of Information Act.

D. If, in the opinion of the Medical Waste Program, apparent violations of other applicable regulations (OSHA, DOT, EPA, ADEQ, etc.) are of a serious nature, the appropriate agency will be contacted and notified of the inspection results.

E. The facility will have fifteen (15) working days from receipt of the inspection report in which to file a “Notice of Contest” of all or any portion of the inspection results. This notice shall be sent to the Medical Waste Program. The notice shall state which part(s) of the inspection results are in contention and provide supporting documentation for any reasoning contrary to the inspection results.

F. If a “Notice of Contest” is filed, the Medical Waste Program shall schedule a conference with an authorized representative of the facility to review the facts and discuss any further recommendations or requirements.

G. Final appeal of a ruling by the Medical Waste Program may be made to the Arkansas Board of Health. Notice of the appeal must be made within fifteen (15) working days after the conclusion of the conference as outlined in F above.

H. Failure to correct violations of this regulation or regulations of other agencies (OSHA, DOT, EPA, ADEQ, etc.) shall be grounds for review of the facility/company's permit. This may result in additional permit requirements, bonding as outlined in Section VII.U, monetary penalties, or revocation of the permit.

I. The length of time responsible parties shall keep records required is automatically extended in the event a regulatory agency initiates an enforcement action, for which those are relevant. For the purpose of these regulations, relevant records are those which reference or refer to the matter subject to the enforcement action. In such cases, the parties shall keep relevant records until the conclusion of the enforcement action.