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This entry was published on 2014-09-22
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SECTION 1389-DD
Treatment and disposal of regulated medical waste
Public Health (PBH) CHAPTER 45, ARTICLE 13, TITLE 13
§ 1389-dd. Treatment and disposal of regulated medical waste. 1.
Treatment or disposal of regulated medical waste shall be by one of the
following methods:

(a) By incineration in a regulated medical waste incineration facility
approved and under permit pursuant to article nineteen of the
environmental conservation law, which provides complete combustion of
the waste to carbonized or mineralized ash. Regulated medical waste so
combusted shall be disposable as nonhazardous waste provided it is not
an otherwise hazardous waste as defined in the regulations promulgated
under section 27-0903 of the environmental conservation law.

(b) By discharge to sewerage system if the waste is liquid or
semiliquid, except as specifically prohibited by the commissioner of
health.

(c) By decontamination by autoclaving, or by other technique approved
by the department, so as to render the waste noninfectious. Regulated
medical waste so treated shall be disposed of as solid waste provided it
does not otherwise meet the definition of hazardous waste as defined in
the regulations promulgated under section 27-0903 of the environmental
conservation law or the regulations promulgated thereunder, and is
accompanied by a certificate, in a form prescribed by the commissioner,
which evidences such treatment.

(d) By other method approved by the commissioner.

2. Regulated medical waste shall not be disposed of by burial at a
landfill disposal facility, unless treated in accordance with
subdivision one of this section. All sharps must be rendered
unrecognizable prior to disposal.

3. The commissioner, in consultation with the commissioner of
environmental conservation, shall develop a limited number of
cooperative pilot projects to promote the safe handling, treatment and
disposal of regulated medical waste generated in private residences,
including the establishment of guidelines for safe transport and
handling of such waste prior to disposal. Such pilot projects shall be
limited to a maximum of four municipalities throughout the state, and
may vary in scope from single-facility to multi-facility projects.
Nothing in this subdivision shall be construed as imposing any new
requirements on generators of regulated medical waste. The commissioner
shall give due consideration to the experience of the pilot projects in
developing rules and regulations authorized in subdivision four of this
section. Any moneys allocated by any government or organization to the
department of health or the department of environmental conservation for
purposes of establishing such pilot projects are hereby authorized for
appropriation pursuant to this subdivision.

4. Sharps, including needles, syringes and lancets, originating from a
private residence, may be delivered for disposal to a general hospital,
as defined in subdivision ten of section twenty-eight hundred one of
this chapter, or a residential health care facility, as defined in
subdivision three of section twenty-eight hundred one of this chapter.
Sharps, including needles, syringes and lancets returned pursuant to
this section must be accepted by the hospital or residential health care
facility on the condition that the needles, syringes and lancets have
been deposited in an approved puncture proof container by the generator.
The hospital or residential health care facility receiving such
contained sharps must dispose of sharps in accordance with this section.
The commissioner shall promulgate rules and regulations establishing
guidelines for safe transport and handling of such sharps, including the
approval of puncture proof containers for sharps.