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PAG LIN
1 1 Section 1. NEW SECTION. 455B.506 PERMITS REQUIRED.
1 2 1. A person shall not install, construct, or operate an
1 3 infectious waste treatment or disposal facility without first
1 4 obtaining a permit from the department in accordance with this
1 5 section.
1 6 2. The department shall not grant a permit for an
1 7 infectious waste treatment or disposal facility unless a
1 8 comprehensive plan that complies with appendix E of the
1 9 department document entitled "Guidance for Solid Waste
1 10 Comprehensive Plans, Part I: Solid Waste Management
1 11 Alternatives", September 1990, as revised October 15, 1992,
1 12 has been filed with the department. An update or revision of
1 13 the comprehensive plan shall be submitted each time a permit
1 14 renewal or amendment is requested.
1 15 3. The department shall not grant a permit for the
1 16 construction or operation of an infectious waste treatment or
1 17 disposal facility located within one mile of a site or
1 18 building which has been placed on the national register of
1 19 historic places. This restriction does not apply to
1 20 hospitals, health care facilities licensed pursuant to chapter
1 21 135C, physicians offices or clinics and other health service-
1 22 related entities. A statement certifying compliance with this
1 23 subsection shall be required with each permit application.
1 24 4. Application for a treatment or disposal permit shall be
1 25 made on forms provided by the department.
1 26 a. A permit applicant shall provide the department with
1 27 all of the following information:
1 28 (1) Complete specifications listing the capacity and the
1 29 performance standards of the infectious waste treatment or
1 30 disposal device or process, preferably in the form of the
1 31 manufacturer's shop drawings or data sheets.
1 32 (2) A map showing the location of the proposed facility
1 33 and all structures or public facilities within one-fourth of a
1 34 mile of the facility shall be included with the application.
1 35 (3) An application for an incinerator, or any other
2 1 technology which may result in the emission of air
2 2 contaminants to the outside atmosphere, shall be accompanied
2 3 by a concurrent application for an air pollution control
2 4 permit required under section 455B.133.
2 5 b. A permit applicant shall certify compliance with the
2 6 following requirements:
2 7 (1) An operator's manual providing detailed instructions,
2 8 including safety procedures, shall be provided by the supplier
2 9 or prepared by the applicant, and shall be readily available
2 10 to the operator of the treatment or disposal facility at all
2 11 times.
2 12 (2) A contingency plan detailing the procedures and
2 13 precautions to be followed in the case of emergency or
2 14 malfunction shall be prepared. One copy shall be readily
2 15 available to the operator at all times and one copy shall be
2 16 provided to the county emergency management coordinator. If
2 17 the treatment facility is located on the site of a generator
2 18 of infectious waste or on a site where other activities are
2 19 carried out under the direction of a common manager, one copy
2 20 of the contingency plan shall be retained by that manager.
2 21 5. Permits may be issued for a period of not less than one
2 22 year and not more than ten years.
2 23 6. Treatment and disposal facilities must be operated in
2 24 compliance with all conditions including all record keeping,
2 25 monitoring, and reporting requirements listed in the permit.
2 26 7. The department may modify a permit if appropriate or
2 27 necessary to protect the public health.
2 28 8. The department may revoke a permit for cause. Cause
2 29 includes, but is not limited to, failure to comply with a
2 30 permit condition or evidence that continued operation of the
2 31 facility may pose a threat to the public health.
2 32 9. The department shall be notified within thirty days of
2 33 any change in the ownership, operation, or physical location
2 34 of any treatment or disposal facility.
2 35 10. The department shall be notified within thirty days of
3 1 any replacement, alteration, expansion, or any material change
3 2 in operation of the treatment or disposal facility.
3 3 11. A permittee must submit an application for renewal of
3 4 a permit not less than ninety days prior to the expiration
3 5 date.
3 6 12. Any person treating or disposing of infectious waste
3 7 pursuant to this section shall comply with all federal, state,
3 8 and local regulations and requirements.
3 9 Sec. 2. NEW SECTION. 455B.507 TREATMENT AND DISPOSAL.
3 10 All infectious waste generated within this state shall be
3 11 treated and disposed of in accordance with this section.
3 12 1. TREATMENT.
3 13 a. Infectious waste materials may be treated by any
3 14 commercially available sterilization process including, but
3 15 not limited to, heat treatment, radiation, chemical
3 16 sterilants, or a combination of appropriate methods. A person
3 17 electing to treat infectious wastes shall obtain certification
3 18 from the manufacturer or provider of the product, device, or
3 19 process that the person is capable of treating the waste in
3 20 such a manner as to render it noninfectious. Any limitations,
3 21 exclusions, or operational qualifications the manufacturer or
3 22 provider places on that certification shall be disclosed to
3 23 the operator of the treatment or disposal facility.
3 24 b. Contaminated sharps shall be stored and transported to
3 25 the disposal site in a rigid punctureproof container, or be
3 26 ground into small pieces that preclude accidental puncture.
3 27 c. All body parts must be rendered unrecognizable before
3 28 being transported off site for treatment or disposal.
3 29 2. DISPOSAL. All infectious wastes shall be disposed of
3 30 by one of the following two procedures:
3 31 a. The wastes may be reduced to mineral and carbon ash in
3 32 a permitted incinerator.
3 33 b. The wastes may be rendered noninfectious by a
3 34 sterilization process and disposed of in a permitted sanitary
3 35 landfill.
4 1 Sec. 3. NEW SECTION. 455B.508 STORAGE.
4 2 1. Infectious wastes shall be separated from other waste
4 3 at the point of origin.
4 4 2. Infectious waste stored at the generating facility
4 5 shall be stored in a container that will prevent access by
4 6 precipitation, animals, or insects.
4 7 3. Infectious waste containers shall be effectively
4 8 secured from access by unauthorized persons.
4 9 4. Containers for infectious waste shall be clearly
4 10 labeled so as to identify the nature of the contents.
4 11 Permitted treatment facilities shall provide separate
4 12 containers for untreated and treated wastes and each shall be
4 13 labeled accordingly.
4 14 5. Reusable containers exposed to direct contact with
4 15 infectious waste shall be disinfected before reuse.
4 16 Sec. 4. NEW SECTION. 455B.509 TRANSPORTATION.
4 17 1. Infectious wastes transported from the point of origin
4 18 to a treatment facility shall be transported by a hauler
4 19 registered with the department under section 455B.510. When
4 20 the hauler is someone other than the generator of the
4 21 infectious waste, the generator is responsible for verifying
4 22 that the hauler has a current, valid registration.
4 23 2. The container on the conveyance used to transport
4 24 infectious wastes shall be fully enclosed and leakproof. If
4 25 the conveyance is also used to haul wastes which are not
4 26 infectious the container used for infectious wastes must be
4 27 separate and shall not be used for any other purpose. The
4 28 container for infectious waste shall be labeled in a manner
4 29 that identifies the nature of the contents. The lettering and
4 30 signs shall be easily readable at a distance of twenty-five
4 31 feet.
4 32 3. Infectious wastes that have been treated in a permitted
4 33 treatment facility may be transported to the point of final
4 34 disposal by any hauler of solid waste. Treated wastes shall
4 35 be contained in a red bag or otherwise clearly identified as
5 1 treated infectious waste to enable the operator at the
5 2 receiving facility to identify the wastes from a distance of
5 3 twenty-five feet. However, infectious waste which is
5 4 generated and treated at a medical clinic, doctor's office,
5 5 nursing facility, health care facility, dentist's office, or
5 6 other similar facility may be placed with regular solid waste
5 7 if it is rendered nonpathological, does not contain free
5 8 liquids, if all sharps are shredded, blunted, granulated,
5 9 incinerated, or mechanically destroyed, and if the generator
5 10 of the infectious waste notifies the solid waste hauler and
5 11 the sanitary landfill that infectious waste is being placed
5 12 with regular municipal solid waste, and if the generator
5 13 certifies that the waste has been treated in such a manner as
5 14 to render it noninfectious.
5 15 Sec. 5. NEW SECTION. 455B.510 TRANSPORTER REGISTRATION.
5 16 1. Any person transporting infectious wastes from the
5 17 point of origin to a treatment facility must register the
5 18 transporting vehicle with the department on forms provided by
5 19 the department. The form shall require the following
5 20 information:
5 21 a. The name, business address, and telephone number of the
5 22 transporter.
5 23 b. The year, make, and model of the transporting vehicle.
5 24 c. The registration plate number of the transporting
5 25 vehicle, the state of registration, and the vehicle
5 26 identification number.
5 27 d. The signature of the person legally responsible for
5 28 operation of the transporting vehicle.
5 29 2. A contingency plan detailing the procedures and
5 30 precautions to be followed in the event of an emergency or
5 31 malfunction shall be prepared by the transporter. One copy
5 32 shall be kept with the vehicle at all times, one copy shall be
5 33 provided to the county emergency management coordinator, and
5 34 one copy shall be maintained at the vehicle owner's place of
5 35 business.
6 1 3. Registration under this section for the period of time
6 2 the transporting vehicle is used to transport infectious
6 3 wastes. A replacement vehicle shall be registered prior to
6 4 the start of its use to transport infectious wastes.
6 5 Sec. 6. REPEAL. Sections 455B.503, 455B.504, and
6 6 455B.505, Code 1995, are repealed.
6 7 EXPLANATION
6 8 This bill requires permits for installation, construction,
6 9 or operation of an infectious waste treatment or disposal
6 10 facility, and requires registration for transporters of
6 11 infectious waste. Permits may be issued by the department of
6 12 natural resources for a period of not less than one and not
6 13 more than 10 years. The bill regulates treatment, disposal,
6 14 storage, and transportation of infectious wastes. It requires
6 15 that all infectious waste generated within the state be
6 16 treated by any commercially available sterilization process,
6 17 that contaminated sharps be stored and transported in a rigid
6 18 puncture-proof container or ground into small pieces, and that
6 19 body parts be rendered unrecognizable.
6 20 It requires that infectious wastes be disposed of by
6 21 reduction to mineral and carbon ash in a permitted incinerator
6 22 or rendered noninfectious and disposed of in a permitted
6 23 sanitary landfill.
6 24 The bill provides specific provisions for storage and
6 25 transportation of infectious wastes and requires that persons
6 26 transporting infectious wastes be registered with the
6 27 department of natural resources.
6 28 LSB 2018SV 76
6 29 js/jj/8
Text: SF00404 Text: SF00406 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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