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This entry was published on 2014-09-22
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SECTION 27-1511
Standards applicable to transporter of regulated medical waste
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 15
§ 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.