2006 New York Code - Storage, Treatment, Transportation And Disposal Of Regulated Medical Waste, Other Medical Waste And Regulated Household Waste.

 
    §   16-120.1   Storage,  treatment,  transportation  and  disposal  of
  regulated medical waste, other medical  waste  and  regulated  household
  waste. a. It shall be unlawful for any person to store, treat, transport
  or dispose of or to cause to be stored, treated, transported or disposed
  of  any  regulated  medical  waste  or other medical waste except in the
  manner  prescribed  in  the  public  health   law,   the   environmental
  conservation  law,  or  any  rules  or  regulations promulgated pursuant
  thereto and the New York city health code and  any  regulations  of  the
  city  department  of  health  and  the city department of sanitation. In
  addition it shall be unlawful for any person to dispose of or  to  cause
  to  be  disposed  of  any regulated medical waste within the solid waste
  disposal system of the city, provided that the department may accept  at
  its  incinerators  classes of regulated medical waste that were accepted
  at  such  incinerators  as  of  June  twenty-first,   nineteen   hundred
  eighty-nine  if it has obtained all necessary authorizations required by
  law to incinerate such classes of regulated medical waste.  In  addition
  it  shall  be  unlawful  to dispose of or to cause to be disposed of any
  laboratory waste or surgical  waste  as  defined  in  this  section,  or
  classes  of  regulated  medical  waste  that were accepted at department
  incinerators as of  June  twenty-first,  nineteen  hundred  eighty-nine,
  whether or not such laboratory waste, surgical waste or other classes of
  regulated  medical  waste have been autoclaved or subjected to a similar
  decontamination technique other than incineration, in the  landfills  of
  the city.
    b.  For  purposes  of this section, the following terms shall have the
  following meanings:
    1. Regulated medical waste means any waste that is  generated  in  the
  diagnosis,  treatment  or  immunization  of  human beings or animals, in
  research  pertaining  thereto,  or  in  the  production  or  testing  of
  biologicals,  when  listed as follows, provided, however, that regulated
  medical waste shall not include any hazardous waste identified or listed
  pursuant to section 27-0903 of the environmental conservation law or any
  household  waste  as  defined  in  regulations  promulgated  under  such
  section:
    i.   cultures   and   stocks   of  infectious  agents  and  associated
  biologicals,  including   cultures   from   medical   and   pathological
  laboratories, cultures and stocks of infectious agents from research and
  industrial  laboratories,  wastes  from  the  production of biologicals,
  discarded live and attenuated vaccines, and culture dishes  and  devices
  used to transfer, inoculate, and mix cultures;
    ii.  human  pathological wastes, including tissues, organs, body parts
  and body fluids that are removed during  surgery  or  autopsy  or  other
  medical procedures, and specimens of body fluids and their containers;
    iii. waste human blood and products of blood, including serum, plasma,
  and other blood components and their containers;
    iv.  sharps  that have been used in animal or human patient care or in
  medical, research,  or  industrial  laboratories,  including  hypodermic
  needles,  syringes,  pasteur  pipettes,  broken  glassware  and  scalpel
  blades, blood vials, test tubes, needles with attached tubing, and  such
  unused sharps that have been discarded;
    v.  contaminated  animal carcasses, body parts, and bedding of animals
  that were known  to  have  been  exposed  to  infectious  agents  during
  research, production of biologicals, or testing of pharmaceuticals;
    vi.  wastes  from  surgery  or  autopsy  that  were  in  contact  with
  infectious agents, including soiled dressings, sponges,  drapes,  lavage
  tubes, drainage sets, underpads, and surgical gloves;
    vii.  laboratory wastes from medical, pathological, pharmaceutical, or
  other research, commercial, or  industrial  laboratories  that  were  in


  contact  with  infectious  agents,  including  slides  and  cover slips,
  disposable gloves, laboratory coats and aprons;
    viii.  dialysis wastes that were in contact with the blood of patients
  undergoing  hemodialysis  or  renal  dialysis,  including   contaminated
  disposable  equipment  and  supplies such as tubing, filters, disposable
  sheets, towels, gloves, aprons and laboratory coats;
    ix. biological waste and discarded materials contaminated with  blood,
  excretion,  exudates  or  secretion from human beings or animals who are
  isolated to protect others from highly communicable diseases;
    x. any other waste material designated by  the  administrator  of  the
  United  States  environmental  protection  agency as a regulated medical
  waste under the provisions of the medical waste tracking act of 1988, 42
  U.S.C. § 6992 et seq., and the regulations promulgated pursuant thereto;
  and
    xi. any other waste material included in the list of regulated medical
  wastes established in regulations promulgated by the state  commissioner
  of  environmental  conservation  pursuant  to  section  27-1502  of  the
  environmental conservation law.
    For purposes of this paragraph, "infectious agents" shall  be  limited
  to  those  organisms  that  cause disease or an adverse health impact to
  humans.
    2. Laboratory waste means all matter that is discarded from  clinical,
  pathological  or  research  laboratory  areas  at  which  activities are
  required to be conducted or supervised by persons licensed by  the  city
  or  state  to  provide  health,  medical,  pharmaceutical  or laboratory
  services.
    3. Other medical waste means laboratory waste and  surgical  waste  as
  defined in paragraphs two and six of this subdivision.
    4.  Person  means  any  individual, partnership, company, corporation,
  association, firm, organization, or any other group of  individuals,  or
  any officer or employee or agent thereof, provided that person shall not
  mean  any  individual  who  generates  regulated  household  waste,  and
  provided further that where a person  authorized  by  law  to  transport
  regulated medical waste transports waste pursuant to an agreement with a
  generator of regulated medical waste or other medical waste, such person
  shall  not be considered an agent of such generator for purposes of this
  paragraph.
    5. Regulated household waste means any item that may  cause  punctures
  or cuts that is used in the administration of medication and is disposed
  of   with   residential  solid  waste,  including  but  not  limited  to
  intravenous  tubing  and  syringes  with  needles  attached.   Regulated
  household  waste  shall  not  include  such  items  generated by persons
  licensed by the city or state to provide health, medical, pharmaceutical
  or laboratory services at facilities where such services are  performed,
  but  shall include any such items generated in the course of home health
  care.
    6.  Surgical  waste  means  all  materials  discarded  from   surgical
  procedures  and  includes, but is not limited to, disposable gowns, shoe
  covers, masks, headcovers, gloves and sponges.
    c. No solid waste of any person required to be licensed by the city or
  state to provide health, medical, pharmaceutical or laboratory  services
  shall  be  collected  or  received by the department for disposal unless
  such person has executed a certification that to the best of his or  her
  knowledge  or  belief such waste does not contain any material for which
  such disposal is unlawful.
    d. The commissioner in conjunction with the commissioner of health and
  mental hygiene shall promulgate and  implement  regulations,  consistent
  with  the  laws  of this state, governing the safe disposal of regulated


  household waste. Any violation of such regulations shall  be  punishable
  only by a civil penalty of not less than fifty dollars nor more than two
  hundred fifty dollars.
    e.  Any  person  who generates any quantity of regulated medical waste
  shall file with the  commissioner  a  copy  of  any  annual  reports  or
  additional  reports  required  to  be  submitted  by  such person to the
  commissioner of environmental conservation pursuant to  paragraph  d  of
  subdivision one of section 27-1510 of the environmental conservation law
  or  paragraph  (d)  of  subdivision two of section 1389-bb of the public
  health law. Such reports shall be filed  with  the  commissioner  within
  fifteen   days  of  submission  to  the  commissioner  of  environmental
  conservation.
    f. Any person who generates regulated medical waste or  other  medical
  waste  shall file with the department a "solid waste removal plan." Such
  plan shall include at a minimum:
    1. the name, address and telephone number of the  person  or  facility
  generating such waste;
    2.  the  name,  address,  telephone number and permit number(s) of the
  transporter of such waste;
    3. the name, address and telephone number of the disposal site(s)  for
  such waste;
    4.  an estimate of the quantity of such waste produced and disposed of
  monthly; and
    5. any other information required by regulation of the commissioner of
  the commissioner of health and mental hygiene.
    An amended plan shall be filed within fifteen days of  the  time  when
  any  information in a plan that is filed with the department changes, or
  when  the  commissioner  or  the  commissioner  of  health  requires  by
  regulation additional information.
    g.  The  commissioner of sanitation or health and mental hygiene or an
  authorized agent of such commissioner may enter upon public  or  private
  property  for  the  purpose  of conducting inspections or investigations
  necessary for the exercise of the  powers  or  the  performance  of  the
  duties  of  such  commissioners  pursuant to this section, including the
  inspection of documents or records relating to the  storage,  treatment,
  transportation  or  disposal of regulated medical waste or other medical
  waste required to be maintained by local, state or federal law, provided
  that such commissioner or  agent  may  not  inspect  records  containing
  medical  information privileged under the laws of this state without all
  authorizations required by such laws,  and  that  such  commissioner  or
  agent  shall  make reasonable efforts not to interfere with patient care
  activities. Such entry may be made without a warrant during regular  and
  usual  business  hours  upon  property used for nonresidential purposes,
  including  but  not  limited  to  the  provision  of  health,   medical,
  pharmaceutical or laboratory services, provided that such use is related
  to the generation, storage or disposal of regulated medical waste, or at
  other  times  upon  such property in response to any immediate threat to
  the health or safety of one or more individuals, or of the public,  that
  arises  from  the  generation,  storage or disposal of regulated medical
  waste  upon  such  property.  Warrantless  inspection  or  investigation
  pursuant  to  this  subdivision  shall extend only to: (i) waste storage
  areas;  (ii)  documents  or  records  relating  to  storage,  treatment,
  transportation   or  disposal  of  regulated  medical  waste,  including
  documents or records required  to  be  maintained  by  local,  state  or
  federal  law;  (iii)  bags  and containers for the disposal of regulated
  medical waste; (iv) documents or  records  identifying  the  number  and
  origin  of specimens of human tissues, organs and fluids that constitute
  regulated  medical  waste,  other  than   records   containing   medical


  information  privileged  under the laws of this state; and (v) any other
  inspection or investigation necessary to respond to an immediate  threat
  to  the  health  or safety of one or more individuals, or of the public,
  arising  from generation, storage or disposal of regulated medical waste
  upon  such  property.  Refusal  to  permit  entry   pursuant   to   this
  subdivision,  where  the commissioner of sanitation or health and mental
  hygiene or an authorized agent  of  such  commissioner  has  obtained  a
  warrant  for  such entry or is authorized by this subdivision to inspect
  or investigate without a warrant, shall be a misdemeanor  punishable  by
  not  more  than  thirty days imprisonment, or by a fine of not more than
  one hundred dollars or both.
    h. 1. In addition to any other enforcement  procedures  authorized  by
  law,  the commissioner, with the written approval of the commissioner of
  health and mental hygiene, shall be authorized to order in writing  that
  premises  on which activity in violation of this section is occurring be
  closed if the  commissioner  finds  that  continuing  activity  on  such
  premises  would  result  in generation, storage or disposal of regulated
  medical waste or other medical waste in  a  manner  posing  an  imminent
  threat  to  the  public  health  or  safety,  provided  that no facility
  licensed, permitted or certificated pursuant to article twenty-eight  of
  the  public  health  law or part thereof or facility providing inpatient
  services or part thereof may be closed  pursuant  to  this  subdivision.
  Such premises may be opened at any time by any person otherwise lawfully
  entitled  to  enter  such premises in response to an immediate threat to
  the health or safety of one or more individuals, or of the  public.  For
  the  purpose  of this subdivision, the determination whether an imminent
  threat to the public health or safety exists shall be based  on  factors
  that  include  but  are  not  limited  to: (i) the quantity of regulated
  medical waste, the generation,  storage  or  disposal  of  which  is  in
  violation  of  this  section;  (ii)  the types of such regulated medical
  waste; and (iii) the risk of harm to the public or the environment.
    2. Issuance of an order pursuant to this subdivision may  occur  prior
  to  a hearing and determination whether a violation of the provisions of
  this section has occurred and whether there exists an imminent threat to
  the public health or safety, or  during  such  hearing,  or  up  to  two
  business  days  after the conclusion of such hearing, provided that: (i)
  where such issuance occurs prior to such hearing and determination, such
  hearing shall be held within two business days of such issuance and such
  determination  shall  be  rendered  within  twenty-four  hours  of   the
  conclusion  of such hearing; (ii) where such issuance occurs during such
  hearing, such determination shall be rendered within  twenty-four  hours
  of  the conclusion of such hearing; and (iii) where such issuance occurs
  after the conclusion of such hearing but prior  to  such  determination,
  such  determination  shall  be  made  within  twenty-four  hours of such
  issuance. Any order issued pursuant to this subdivision may continue  in
  effect  after  a  finding  of  violation  and  imminent threat until the
  commission permits such premises to be opened pursuant to paragraph five
  of this subdivision.
    3. Orders of the commissioner  issued  pursuant  to  this  subdivision
  shall  be  posted  at the premises on which the activity in violation of
  this subdivision has occurred.
    4. Immediately upon the posting of an order issued  pursuant  to  this
  subdivision,  officers  and  employees of the department and officers of
  the New York city police department shall be authorized to act upon  and
  enforce such order.
    5. Where premises have been closed by order of the commissioner issued
  pursuant  to  this subdivision, the owner or lessee of such premises, or
  the  authorized  agent  thereof,  may  at  any  time   submit   to   the


  commissioner:  (i) a written affirmation that such owner or lessee is in
  compliance with the provisions of this section and  will  maintain  such
  compliance;  and  (ii) where such premises are used in the generation of
  waste  for  transport  of  which  a legally authorized regulated medical
  waste transporter is required by law, proof of  legal  authorization  to
  transport  such  waste  or  proof of agreement with a legally authorized
  regulated medical waste transporter to have such waste  transported,  or
  proof  that such waste is lawfully treated on such premises so as not to
  require  such  authorization  or  agreement.  Upon   receipt   of   such
  affirmation  and  proof,  the commissioner shall within one business day
  either  permit  such  premises  to  be  opened  or   issue   a   written
  determination that such owner or lessee is not in compliance with or has
  not  instituted  procedures  sufficient to remain in compliance with the
  provisions of this section, or that such proof of legal authorization or
  agreement is insufficient.
    6. It shall be a misdemeanor for any person  or  other  individual  to
  open  or  cause  to  be opened any premises closed in accordance with an
  order of the commissioner, except in response to an immediate threat  to
  the health or safety of one or more individuals, or of the public.
    i.  1.  For the purpose of this subdivision, the following terms shall
  have the following meanings:
    i. "Abandonment" means the intentional relinquishment or forsaking  of
  all possession or control of any substance.
    ii.  "Disposal"  means  the  discharge,  deposit,  injection, dumping,
  spilling, leaking or placing of any substance so that such substance  or
  any  related  constituent  thereof  may  enter  the  environment, or the
  abandonment of any substance.
    iii. "Environment" means any water, water vapor,  any  land  including
  land  surface  or  subsurface,  air, fish, wildlife, biota and all other
  natural resources.
    iv. "Intentionally, knowingly,  recklessly  and  criminal  negligence"
  shall  have  the  same meanings as defined in section 15.05 of the penal
  law.
    2. i. Any person who violates any provisions  of  this  section  other
  than  subdivision  d shall be guilty of a violation and, upon conviction
  thereof, shall be punished by a fine not to exceed five thousand dollars
  per day of violation, or by imprisonment for a term  of  not  more  than
  fifteen days, or by both such fine and imprisonment.
    ii. Any person who intentionally, knowingly or recklessly violates any
  provisions of this section other than subdivision d shall be guilty of a
  misdemeanor,  and  upon conviction thereof, shall for a first conviction
  be punished by a fine not to exceed fifteen thousand dollars per day  of
  violation or by imprisonment for a term of not more than ninety days, or
  both  such  fine  and  imprisonment. If the conviction is for an offense
  committed  after  a  first  conviction  of  such   person   under   this
  subparagraph,  within the preceding five years, punishment shall be by a
  fine not to exceed fifty thousand dollars per day of  violation,  or  by
  imprisonment  for  not  more  than  one  year  or  by both such fine and
  imprisonment.
    3. Any person who with  criminal  negligence  engages  in  conduct  in
  violation  of  this  section  other  than subdivision d which causes the
  release to the environment of regulated medical waste shall be guilty of
  a misdemeanor punishable by a fine of not  more  than  fifteen  thousand
  dollars or by imprisonment for not more than ninety days or by both such
  fine and imprisonment.
    4.  Any  person  who  recklessly  or  knowingly  engages in conduct in
  violation of this section other than  subdivision  d  which  causes  the
  release to the environment of regulated medical waste shall be guilty of


  a  misdemeanor  punishable  by  a  fine  of nor more than fifty thousand
  dollars or by imprisonment for not more than one year or both such  fine
  and imprisonment.
    5.  In addition to any other penalties provided under paragraph one of
  this subdivision or any other provisions of law, any  violation  of  the
  provisions  of this section other than subdivision d shall be punishable
  by a civil penalty of not less than twenty-five hundred dollars nor more
  than ten thousand dollars for the first violation, not  less  than  five
  thousand  dollars  nor  more  than  ten  thousand dollars for the second
  violation and ten thousand dollars for  the  third  and  any  subsequent
  violation.  Civil penalties shall be recovered in a civil action brought
  in  the  name  of  the  commissioner  or  in  a  proceeding  before  the
  environmental  control  board.  For the purposes of this paragraph, each
  bag or container of solid waste with a capacity of not larger  than  one
  cubic yard shall constitute a separate violation of this section.
    6.  Notwithstanding  paragraphs one, two, three, four and five of this
  subdivision, failure to file an annual or additional report pursuant  to
  subdivision  e  of this section or failure to file a solid waste removal
  plan or an amended plan pursuant to subdivision f of this section  shall
  be punishable only by a civil penalty of not less than fifty dollars nor
  more  than  two  hundred  fifty  dollars if such report or plan is filed
  within  thirty  days  of  the  filing  deadlines  set  forth   in   such
  subdivisions.
    7. Any affirmative defense available under title forty-four of article
  twenty-seven of the environmental conservation law shall be available in
  any  prosecution  or  proceeding pursuant to this section that alleges a
  violation of title fifteen of article twenty-seven of the  environmental
  conservation  law  or  any  rules  or  regulations  promulgated pursuant
  thereto.
    j.  The  commissioner  shall  promulgate  and  implement   regulations
  providing  that  where  an individual furnishes information that, in the
  opinion of the commissioner, results in a conviction or  the  imposition
  of  a  fine  or  civil  penalty for a violation of any provision of this
  section, the commissioner shall offer as a reward  to  said  individual,
  out of unexpended appropriations therefor:
    i. fifty percent of any fine or penalty collected; or
    ii.  five  hundred dollars when a prison sentence but no fine or civil
  penalty is imposed.
    k. The commissioner shall suspend the use of the  city's  solid  waste
  disposal  system  by any person licensed by the city or state to provide
  health, medical, pharmaceutical  or  laboratory  services  upon  whom  a
  notice of violation of this section has been served pending a hearing on
  and  finding  as  to  liability for the violation. Such hearing shall be
  held within two business days after such suspension and a finding as  to
  liability  for  the  violation shall be made within twenty-four hours of
  the conclusion of such hearing. If  a  violation  has  been  found,  the
  commissioner  shall continue such suspension for, in the case of a first
  occurrence, not less than one week, in the case of a second  occurrence,
  committed  within an eighteen month period, not less than one month and,
  in the case of a third and each subsequent occurrence, committed  within
  an  eighteen  month  period,  not less than three months. In calculating
  such eighteen month period any period of suspension shall  be  excluded.
  For  purposes  of  this  subdivision any solid waste introduced into the
  solid waste disposal system of the city under one certification executed
  pursuant  to  subdivision  c  of  this  section  shall   constitute   an
  occurrence.
    l.  In addition to the department, the department of health and mental
  hygiene shall  enforce  the  provisions  of  this  section,  other  than


  subdivisions  h,  j,  and  k  of this section. This section shall not be
  construed to restrict  in  any  manner  the  regulatory  or  enforcement
  authority  conferred  upon any agency of the city by any other provision
  of state or local law.