Section 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.