§ 27-1511 — Standards applicable to transporter of regulated medical waste

§ 27-1511. Standards applicable to transporter of regulated medical\n waste.\n 1. The commissioner shall promulgate regulations establishing such\nstandards as shall be applicable to transporters of regulated medical\nwaste identified or listed under this title, as may be necessary to\nprotect human health and the environment. Such standards shall include,\nbut need not be limited to, requirements respecting:\n a. Record keeping practices that accurately identify the regulated\nmedical wastes transported, their sources and delivery points, including\ncertification of compliance with the program to be promulgated under\nsection 27-1504 of this title;\n b. Transportation of all such regulated medical waste only to the\nfacility or facilities approved by the department; and\n c. Proof of ownership and inspection of vehicles used in transporting\nregulated medical waste, proof of liability insurance or other form of\nfinancial security deemed sufficient by the commissioner to meet all\nresponsibilities in case of release of such waste causing damage as a\ncondition to the issuance of a permit to a transporter as required by\nthis section.\n 2. Except as provided in paragraph a of this subdivision, no person\nshall engage in the transportation of regulated medical wastes without\nfirst complying with the requirements of standards promulgated by the\ncommissioner pursuant to subdivision one of this section and obtaining a\npermit issued by the department. The commissioner shall assure that\npermits authorizing regulated medical waste transportation are not held\nby unqualified or unsuitable persons pursuant to section 27-1517 of this\ntitle.\n a. (i) No permit shall be required for the transportation by the\ngenerator of less than fifty pounds per month of regulated medical waste\nor by authorized employees of such generator acting on behalf of and\nunder the supervision of the generator provided that (1) such waste is\nbeing transported from the point of generation for treatment or disposal\nto a facility approved by the department, (2) such person shall comply\nwith the requirements of section 27-1510 of this title, (3) the\ngenerator shall have registered with the department in a form prescribed\nby the commissioner, which registration, at a minimum, shall designate\nthe treatment or disposal facility and the employees acting on behalf of\nor under the supervision of the generator, and (4) such person would not\notherwise be subject to an adverse determination under section 27-1517\nof this title.\n (ii) The commissioner may, after consultation with the commissioner of\nhealth, exempt a generator from the waste transporter program fees\npursuant to section 72-0502 of this chapter upon a showing by such\ngenerator that compliance with such requirements would create a hardship\non the generator's business activities. The commissioner shall\npromulgate guidelines for the purpose of determining the circumstances\nunder which such exemption may be granted. Such exemption shall be\nreviewed periodically as specified by the commissioner but at least once\nevery two years. Any exemption granted hereunder may be revoked after\ndue notice and opportunity for hearing for a violation of any provision\nof this title or other applicable laws, rules or regulations relating to\nthe transportation of regulated wastes or upon a showing that the\nexempted generator no longer meets the requisite guidelines for\nexemption.\n b. A generator of regulated medical waste may obtain a permit pursuant\nto this title to transport regulated medical waste.\n c. The department may make rules and regulations implementing this\nsection in order to carry out and enforce the intent and purposes\nthereof. Such rules and regulations and the provisions of article 70 of\nthis chapter and rules and regulations adopted thereunder shall govern\npermit applications, permit conditions, renewals, modifications,\nsuspensions and revocations under this section. The responsibility for\nthe issuance and review of permits and the enforcement of the provisions\nof this section may be delegated to regional, district or county offices\nof the state department of health, or to local health departments where\ntheir jurisdiction may apply.\n d. Applications filed pursuant to this section shall indicate the\nmechanical and other equipment, holding tanks and vehicles and any place\nof temporary storage used or to be used by the applicant and the place\nor places where and the manner in which the applicant will finally\ndispose of the regulated medical wastes, and such other information as\nthe department deems necessary. If the department determines that the\nproposed method of transportation, the place or manner in which the\nwaste product is to be treated, stored or disposed of or the method or\nlocation of temporary storage will be detrimental to the protection of\npublic health or substantially damage or pollute the environment or\nnatural resources of the state, it may deny the permit or may impose\nsuch permit conditions as may be necessary.\n e. As a condition for the permit or the exemption therefrom the\ndepartment shall require the transporter to make an annual report to the\ndepartment, indicating the number and type of generators served, the\nvolume and nature of waste products disposed of, and the place and\nmanner in which such waste products were finally disposed, and such\nother information as the department may require.\n f. Such permit shall be renewed annually. The fees for such permit or\nrenewal shall be those established pursuant to section 72-0502 of this\nchapter. A renewal may be denied by the department for failure of the\napplicant to properly report as provided in paragraph e of this\nsubdivision.\n g. The department may suspend or revoke any permit upon proof that the\npermittee has been found guilty of a violation of the provisions of this\nsection as provided in title 44 of article 71 of this chapter, or if the\ndepartment determines that the permittee has violated the provisions of\nthis section, the rules and regulations implementing it or the rules and\nregulations adopted to implement article 70 of this chapter.\n 3. A transporter of regulated medical waste who has been granted a\npermit by the department for such activity shall notify the department\nwithin thirty days of the following occurrences:\n a. Any change of substantial interest in ownership or indirect\nownership or any change in name or location.\n b. Ownership or control of a vehicle or container certified by the\ndepartment is changed.\n c. A truck, trailer, semitrailer, vacuum tank, cargo tank, or\ncontainer certified by the department is involved in any spill, or in an\naccident which renders or may have rendered the vehicle or container in\nnoncompliance with the requirements of this section.\n