Text: SSB00324 Text: SSB00326 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 place 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 2018SC 76 6 29 js/jj/8
Text: SSB00324 Text: SSB00326 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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