Section 1389-DD. Treatment and disposal of regulated medical waste  


Latest version.
  • 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.