BP BHEAD INT S

AN ACT Relating to the containerization and source separation of residential sharps waste; amending RCW 70.95.030 and 70.95K.010; adding a new section to chapter 70.95K RCW; adding new sections to chapter 70.95 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the improper disposal and labeling of sharps waste from residences poses a potential health risk and perceived threat to the waste generators, public, and workers in the waste and recycling industry. The legislature further finds that a uniform method for handling sharps waste generated at residences will reduce confusion and injuries, and enhance public and waste worker confidence.

It is the purpose and intent of this act that residential generated sharps waste be contained in easily identified containers and separated from the regular solid waste stream to ensure worker safety and promote proper disposal of these wastes in a manner that is environmentally safe and economically sound.

Sec. 2. RCW 70.95.030 and 1992 c 174 s 16 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "City" means every incorporated city and town.

(2) "Commission" means the utilities and transportation commission.

(3) "Committee" means the state solid waste advisory committee.

(4) "Department" means the department of ecology.

(5) "Director" means the director of the department of ecology.

(6) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

(7) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

(8) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

(9) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

(10) "Jurisdictional health department" means city, county, city-county, or district public health department.

(11) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

(12) "Local government" means a city, town, or county.

(13) "Multiple family residence" means any structure housing two or more dwelling units.

(14) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(15) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

(16) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

(17) "Residence" means the regular dwelling place of an individual or individuals.

(18) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

(19) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

(20) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

(21) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

(22) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

(23) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

(24) "Residential sharps waste" has the same meaning as "sharps waste" in RCW 70.95K.010 except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.

(25) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the contents.

(26) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.

(27) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by an approved biomedical waste collection company to an approved disposal facility.

(28) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.

Sec. 3. RCW 70.95K.010 and 1992 c 14 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Biomedical waste" means, and is limited to, the following types of waste:

(a) "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.

(b) "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the centers for disease control, national institute of health, biosafety in microbiological and biomedical laboratories, current edition.

(c) "Cultures and stocks" are wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.

(d) "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.

(e) "Pathological waste" is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.

(f) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.

(2) "Local government" means city, town, or county.

(3) "Local health department" means the city, county, city-county, or district public health department.

(4) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.

(5) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.

(6) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.

(7) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the contents.

(8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.

(9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by an approved biomedical waste collection company to an approved disposal facility.

(10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.

(11) "Source separation" has the same meaning as in RCW 70.95.030.

NEW SECTION. Sec. 4. A new section is added to chapter 70.95 RCW to read as follows:

Residential generators of sharps waste are required to separate the sharps waste and place it into a sharps waste container. It is illegal to (1) place unprotected sharps or a sharps waste container into recycling containers provided by a city, county, or solid waste collection company, or a public or private, staffed or unstaffed recycling drop off, or any other recycling collection point at any time, or (2) to place unprotected sharps or sharps waste containers in cans, carts, drop boxes, or other containers in which refuse, trash, or solid waste has been placed for collection without the specific written approval of the service provider.

NEW SECTION. Sec. 5. A new section is added to chapter 70.95 RCW to read as follows:

(1) Public or private providers of solid waste collection services may provide programs for the source-separated collection of residential sharps waste containers in conjunction with regular collection services. Sharps collection programs may include the nondisposal costs associated with the program in the basic garbage and refuse rates charged by the provider, with disposal costs paid by the generator. Reasonable expenses incurred in the development of programs and distribution of information by a solid waste collection company are legitimate operating expenses for the purposes of chapter 81.77 RCW.

(2) A solid waste planning jurisdiction may designate sharps waste container drop-off locations.

(3) Pharmacies providing return programs are not solid waste handling facilities and do not need a solid waste permit. They are required to register, at no cost, with the department of ecology which will share the information with jurisdictional health departments and local solid waste management officials so these agencies have their name and site location for public information purposes.

NEW SECTION. Sec. 6. A new section is added to chapter 70.95 RCW to read as follows:

The department of ecology, utilities and transportation commission, health department, jurisdictional health departments, and cities and counties when developing and implementing comprehensive solid waste management plans, plan updates, or in distribution of educational materials dealing with waste reduction, recycling, and proper handling of wastes, shall include pertinent information on the proper handling and source separation of sharps waste and information on options for disposal by mail, return, pharmacy drop off, or collection.

State agencies, local governments, public and private collection companies, transfer and disposal owners and operators, pharmacists and pharmacies, pharmaceutical and medical device manufacturers, sharps users, health care providers, packaging manufacturers, and other persons interested in and concerned with handling and disposal of biomedical waste are encouraged to cooperate in providing public information necessary to implement the provisions of this chapter and RCW 70.95K.010.

NEW SECTION. Sec. 7. Section 4 of this act shall take effect on July 1, 1995.