West Virginia Code
Article 5J. Medical Waste Act
§20-5J-10. Regulation of Infectious Medical Waste Collectors and Haulers by the Public Service Commission; Limitation of Regulation

(a) On and after July 1, 1991, collectors, haulers and transporters of infectious medical waste who are "common carriers by motor vehicle," as defined in section two, article one, chapter twenty-four-a of this code, shall be regulated by the Public Service Commission in accordance with the provisions of chapter twenty-four-a and rules promulgated thereunder. The rules of the Public Service Commission shall not conflict nor take precedence over the rules promulgated by the secretary.
(b) The commission shall provide a separate and distinct category of special certificates of convenience and necessity for infectious medical waste collectors, haulers and transporters regulated by this section: Provided, That within six months of the effective date of this article, the commission may issue such special certificates to existing common carriers of solid waste who are presently transporting infectious medical waste and who demonstrate that they are in compliance with the provisions of this article: Provided, however, That such common carriers need not make any additional demonstration of public convenience and necessity. Regulation of collectors, haulers and transporters of medical waste shall be separate and distinct from the regulation of solid waste collectors, haulers and transporters provided for in section twenty-three, article three, chapter twenty-two-c of this code.
(c) At any hearing conducted by the Public Service Commission pertaining to infectious medical waste collectors, haulers and transporters, the secretary may appear before the commission and present evidence.

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