N.Y. Environmental Conservation Law § 27-1513: Requirements for regulated medical waste treatment, storage and disposal facility

§ 27-1513. Requirements for regulated medical waste treatment, storage

and disposal facility.

1. Any person who operates a facility for the treatment, storage or

disposal of regulated medical waste shall have a valid and appropriate

solid waste management facility permit issued by the department; except

that a solid waste management facility permit shall not be required for

operation of an on-site facility that is operated by a health care

facility licensed pursuant to the public health law that is utilized to

treat, store or dispose of regulated medical waste of the health care

facility or of other generators of regulated medical waste, pursuant to

written agreements with or among such other generators that shall be

filed with the department of health and the department.

2. The operator of any facility used for the treatment, storage or

disposal of regulated medical waste not in a category specified in

subdivision one of this section shall have and shall adhere to an

operation plan for the handling and disposal of regulated medical waste

approved by the department. The operation plan shall include the

following:

a. A method of receiving wastes which ensures that regulated medical

wastes are handled separately from other wastes until treatment or

disposal is accomplished and which prevents unauthorized persons from

having access to or contact with the waste.

b. A method of unloading and processing of regulated medical wastes

which limits the number of persons handling the wastes and minimizes the

possibility of exposure of employees and the public using or visiting

the facility to regulated medical waste.

c. A method of decontaminating emptied reusable regulated medical

waste containers, transport vehicles or facility equipment which are

known or believed to be contaminated with regulated medical waste.

d. The provision and required use of gloves and other protective

clothing as shall be required by the department.

e. The means of decontamination of any person having had bodily

contact with regulated medical waste while transporting the waste to the

treatment or disposal site or while handling or disposing of the waste

at the site.

f. A quantification of the maximum amount of regulated medical waste

to be treated, stored, or disposed of per month.

3. A new or revised operation plan for treatment, storage or disposal

of regulated medical waste shall be prepared whenever there is an

increase of more than twenty-five percent in the maximum quantity of

regulated medical waste receiving treatment, storage or disposal per

month by the facility or when changes are otherwise made in an existing

operation plan.

4. Approval for acceptance of regulated medical waste at a treatment,

storage or disposal facility may be withdrawn by the department for

noncompliance with the operation plan.

5. As a condition of approval for such permit, any person who operates

a facility for the treatment, storage and disposal of regulated medical

waste shall provide:

(a) 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; and

(b) certification that such activities conform with existing local

zoning laws or ordinances.