N.Y. Environmental Conservation Law § 27-1511: Standards applicable to transporter of regulated medical waste

§ 27-1511. Standards applicable to transporter of regulated medical

waste.

1. The commissioner shall promulgate regulations establishing such

standards as shall be applicable to transporters of regulated medical

waste identified or listed under this title, as may be necessary to

protect human health and the environment. Such standards shall include,

but need not be limited to, requirements respecting:

a. Record keeping practices that accurately identify the regulated

medical wastes transported, their sources and delivery points, including

certification of compliance with the program to be promulgated under

section 27-1504 of this title;

b. Transportation of all such regulated medical waste only to the

facility or facilities approved by the department; and

c. Proof of ownership and inspection of vehicles used in transporting

regulated medical waste, proof of liability insurance or other form of

financial security deemed sufficient by the commissioner to meet all

responsibilities in case of release of such waste causing damage as a

condition to the issuance of a permit to a transporter as required by

this section.

2. Except as provided in paragraph a of this subdivision, no person

shall engage in the transportation of regulated medical wastes without

first complying with the requirements of standards promulgated by the

commissioner pursuant to subdivision one of this section and obtaining a

permit issued by the department. The commissioner shall assure that

permits authorizing regulated medical waste transportation are not held

by unqualified or unsuitable persons pursuant to section 27-1517 of this

title.

a. (i) No permit shall be required for the transportation by the

generator of less than fifty pounds per month of regulated medical waste

or by authorized employees of such generator acting on behalf of and

under the supervision of the generator provided that (1) such waste is

being transported from the point of generation for treatment or disposal

to a facility approved by the department, (2) such person shall comply

with the requirements of section 27-1510 of this title, (3) the

generator shall have registered with the department in a form prescribed

by the commissioner, which registration, at a minimum, shall designate

the treatment or disposal facility and the employees acting on behalf of

or under the supervision of the generator, and (4) such person would not

otherwise be subject to an adverse determination under section 27-1517

of this title.

(ii) The commissioner may, after consultation with the commissioner of

health, exempt a generator from the waste transporter program fees

pursuant to section 72-0502 of this chapter upon a showing by such

generator that compliance with such requirements would create a hardship

on the generator's business activities. The commissioner shall

promulgate guidelines for the purpose of determining the circumstances

under which such exemption may be granted. Such exemption shall be

reviewed periodically as specified by the commissioner but at least once

every two years. Any exemption granted hereunder may be revoked after

due notice and opportunity for hearing for a violation of any provision

of this title or other applicable laws, rules or regulations relating to

the transportation of regulated wastes or upon a showing that the

exempted generator no longer meets the requisite guidelines for

exemption.

b. A generator of regulated medical waste may obtain a permit pursuant

to this title to transport regulated medical waste.

c. The department may make rules and regulations implementing this

section in order to carry out and enforce the intent and purposes

thereof. Such rules and regulations and the provisions of article 70 of

this chapter and rules and regulations adopted thereunder shall govern

permit applications, permit conditions, renewals, modifications,

suspensions and revocations under this section. The responsibility for

the issuance and review of permits and the enforcement of the provisions

of this section may be delegated to regional, district or county offices

of the state department of health, or to local health departments where

their jurisdiction may apply.

d. Applications filed pursuant to this section shall indicate the

mechanical and other equipment, holding tanks and vehicles and any place

of temporary storage used or to be used by the applicant and the place

or places where and the manner in which the applicant will finally

dispose of the regulated medical wastes, and such other information as

the department deems necessary. If the department determines that the

proposed method of transportation, the place or manner in which the

waste product is to be treated, stored or disposed of or the method or

location of temporary storage will be detrimental to the protection of

public health or substantially damage or pollute the environment or

natural resources of the state, it may deny the permit or may impose

such permit conditions as may be necessary.

e. As a condition for the permit or the exemption therefrom the

department shall require the transporter to make an annual report to the

department, indicating the number and type of generators served, the

volume and nature of waste products disposed of, and the place and

manner in which such waste products were finally disposed, and such

other information as the department may require.

f. Such permit shall be renewed annually. The fees for such permit or

renewal shall be those established pursuant to section 72-0502 of this

chapter. A renewal may be denied by the department for failure of the

applicant to properly report as provided in paragraph e of this

subdivision.

g. The department may suspend or revoke any permit upon proof that the

permittee has been found guilty of a violation of the provisions of this

section as provided in title 44 of article 71 of this chapter, or if the

department determines that the permittee has violated the provisions of

this section, the rules and regulations implementing it or the rules and

regulations adopted to implement article 70 of this chapter.

3. A transporter of regulated medical waste who has been granted a

permit by the department for such activity shall notify the department

within thirty days of the following occurrences:

a. Any change of substantial interest in ownership or indirect

ownership or any change in name or location.

b. Ownership or control of a vehicle or container certified by the

department is changed.

c. A truck, trailer, semitrailer, vacuum tank, cargo tank, or

container certified by the department is involved in any spill, or in an

accident which renders or may have rendered the vehicle or container in

noncompliance with the requirements of this section.