Section 70-2.3 - Treatment and disposal

70-2.3 Treatment and disposal. (a) Except as provided in subdivisions (b) and (c) of this section, treatment of regulated medical waste shall be by:

(1) discharge into a sanitary sewerage system connected to a secondary treatment facility, if the waste is liquid or semi-liquid, except as specifically prohibited by the Commissioner of Health, or by local law or ordinance;

(2) incineration in a regulated medical waste incineration facility under permit pursuant to Article 19 of the Environmental Conservation Law;

(3) decontamination by autoclaving in conformance with the requirements of Subpart 70-3 of this Part; or

(4) an alternative regulated medical waste treatment system approved by the Commissioner of Health.

(b) Restrictions on autoclave use.

(1) no autoclave shall be used for treatment of regulated medical waste containing or mixed with hazardous waste and/or toxic drug waste;

(2) no autoclave shall be used for treatment of radiological medical waste;

(3) no autoclave shall be used for treatment of recognizable human body parts; and

(4) an autoclave may be used for the treatment of human tissue(s), human organs; animal carcasses or animal body parts provided the Department has expressly approved the autoclave model as an alternative treatment technology for such use pursuant to Subpart 70-5 of this Part.

(c) Cultures and stocks.

(1) cultures and stocks containing select agents or toxins listed in 42 CFR Part 73 (Vol. 70, March 18, 2005) shall be treated on-site by incineration, autoclaving or use of alternative treatment system approved for such treatment provided, however, whenever a facility without a predictable need for on-site treatment generates such waste incidental to the delivery of medical care, the generating facility shall arrange for transportation of the select agents and toxins to a facility authorized to treat such material and shall comply with Federal regulations regarding possession, use and transfer of select agents and toxins. Such regulation shall include 42 CFR, Part 73 (Vol. 70, March 18, 2005). Federal regulations are published by the Office of the Federal Register, National Archives and Records Administration and may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Copies are available for inspection and copying in the New York State Department of Health, Bureau of Hospital and Primary Care Services, Hedley Park Place, 433 River Street, Troy, NY 12180.

(2) except where on-site treatment is required by local health code, cultures and stocks containing infectious agents other than those referenced in paragraph (1) of this subdivision

may be transported off-site for treatment.

(d) Discarded sharps shall be destroyed prior to disposal. Sharps not coming in contact with infectious agents need not be treated in accordance with subdivision (a) of this section.

(e) Generators of regulated medical waste shall have in place a response plan to be followed in the event the facility is notified that regulated medical waste, known or suspected to be untreated, has been found commingled with solid waste.

Such response plan and any corrective action taken shall be documented.

(f) Radiation detection.

(1) each facility that treats regulated medical waste shall have a radiation detection system to screen waste for radiological medical waste and a contingency plan in the event radiation levels above background are detected in waste loads delivered for treatment. The radiation detection system shall be appropriate for effective screening of the type(s) and volume of waste, and shall be set to alarm whenever ionizing radiation above the local background ionizing radiation level is detected; and

(2) no facility shall treat radiological medical waste by autoclaving; and

(3) no facility shall treat radiological waste using an alternative regulated medical waste treatment system unless the system has been approved by the Department for such treatment pursuant to Section 70-5 of this Part.

(g) Treated regulated medical waste shall be disposed of as solid waste at an incinerator, landfill or other disposal facility authorized by the Department of Environmental Conservation to accept regulated medical waste after treatment.

(h) No facility shall transfer or release treated regulated medical waste that is not accompanied by a Department of Health certificate of treatment.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete