§ 25-15-401 — Legislative declaration

(1) The general assembly hereby finds
that there is a need for more clarity and uniformity regarding the definition of
infectious waste and in the requirements for the handling, treatment, and disposal
thereof and that the absence of such clarity and the inappropriate designation of
general waste as infectious waste will result in further substantial and unnecessary
costs, disparity, and confusion in the management of infectious waste, ultimately
affecting many business and residential operations and facilities, including the
operations and quality of care rendered by health-care providers.

(2) For the purposes set forth in subsection (1) of this section, the provisions
of this part 4 are enacted as a matter of statewide concern. The provisions of this
part 4 shall not apply to infectious waste which is also deemed to be hazardous
waste pursuant to section 25-15-101 (6), nor shall infectious waste be deemed
hazardous waste solely because it is characterized as infectious waste.

(3) The general assembly further finds that, because of the nature of
infectious waste and the manner of its designation as provided in this part 4 and
because this part 4 recommends portions of the guidelines of the United States
environmental protection agency, no rules or regulations governing the generators
of infectious waste are necessary for nor shall be applicable to the implementation
of this part 4. This limitation shall not be construed to limit any other rule-making
which is permitted under other authorizing statutes.

Legislative History

Source: L. 89: Entire part added, p. 1175, � 1, effective April 23. L. 92: (2) amended, p. 1261, � 25, effective August 1.