AN ACT Relating to the management and regulation of infectious waste; amending RCW 43.21B.110, 43.21B.300, and 70.105.010; adding a new chapter to Title 70 RCW; adding a new section to chapter 70.105 RCW; adding new sections to chapter 81.77 RCW; creating a new section; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. LEGISLATIVE DECLARATION. The legislature finds and declares that:

(1) The state continues to generate infectious wastes that may pose a threat to human health above and beyond infection hazards associated with the general municipal solid waste stream.

(2) While infectious disease transmission has not been identified from improperly disposed infectious waste in the environment, the potential for such transmission is present based on identified exposures.

(3) It is a matter of state-wide concern that infectious waste be managed in a manner that protects the health, safety, and welfare of the workers who handle the waste, the public, and the environment.

(4) The particular risks and special management requirements of infectious waste indicate that specific regulatory requirements are necessary for the protection of public health and the environment.

(5) Comprehensive public education is necessary so that people are informed of safe and responsible infectious waste management from residences throughout the state, and so that people are informed about actual, rather than perceived risks associated with infectious wastes.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

(2) "Director" means the director of the department of ecology or an authorized representative.

(3) "Disposal" means the final placement of treated or untreated infectious waste in a disposal site operating under a permit issued by a jurisdictional health department, state or federal agency.

(4) "Enforcement agency" means the department, the department of health, the department of social and health services, or the jurisdictional health department as specified by section 7 of this act, administering rules established under section 6 of this act.

(5) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of infectious waste. A facility may consist of several treatment, storage, or disposal operational units.

(6) "Infectious waste" includes:

(a) "Animal waste," which includes animal carcasses, body parts, and bedding of animals that were known to have been deliberately infected or inoculated with human pathogenic microorganisms during research.

(b) "Liquid human body fluids," which includes liquid emanating or derived from humans including but not limited to human blood and blood products, serum and plasma, sputum, drainage secretions, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid and amniotic fluid that exceeds fifty milliliters per container, storage vessel, or plastic bag and cannot be and has not been directly discarded into a sanitary sewage system.

(c) "Cultures and stocks," which includes cultures and stocks of microbiological agents infectious to humans, human serums and discarded live and attenuated vaccines infectious to humans, human blood specimens, and laboratory wastes that are contaminated with these agents or specimens.

(d) "Biosafety level 4 disease waste," which includes wastes contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from highly communicable infectious diseases which are identified as viruses assigned to Biosafety Level 4 by the Centers for Disease Control, National Institute of Health, Biosafety in Microbiological and Biomedical Laboratories, 2nd Edition, 1988. These viruses include Congo-Crimean hemorrhagic fever, tick-borne encephalitis virus complex, (Absettarov, Hanzalova, Hypr, Kumlinge, Kyasanur Forest disease, Omsk hemorrhagic fever, and Russian spring-summer encephalitis), Marburg, Ebola, Junin, Lassa, and Machupo.

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

(f) "Sharps waste," which includes hypodermic needles, syringes, IV tubing with needles attached, scalpel blades, and lancets that have been used in animal or human patient care or treatment in medical research.

(7) "Infectious waste generator" means any person, by site, whose act or process produces infectious waste as defined in this chapter, or whose act first causes an infectious waste to become subject to regulation. In the case where more than one person, e.g., doctors with separate medical practices, are located in the same building, each individual business entity is a separate generator for the purposes of this chapter.

(8) "Infectious waste management plan" means a document which is completed by infectious waste generators who operate facilities, infectious waste offsite storage operators, and infectious waste offsite treatment operators pursuant to this chapter.

(9) "Infectious waste offsite storage operator" means a person who stores infectious waste as required by this chapter that has been generated off site in quantities exceeding fifty gallons per day.

(10) "Infectious waste offsite treatment operator" means a person who treats infectious waste as required by this chapter that has been generated off site in quantities exceeding fifty gallons per day.

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

(12) "Person" means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.

(13) "Solid waste advisory committee" means the same advisory committee under RCW 70.95.040 through 70.95.070.

(14) "Storage" means the temporary containment of infectious waste in a manner that does not constitute treatment or disposal of such waste.

(15) "Transportation" means the movement of infectious waste from the point of generation over a highway to any intermediate point or to the point of final treatment.

(16) "Treatment" means incineration, steam sterilization, or other method approved by the department that changes the character or composition of any infectious waste so as to render the waste noninfectious.

NEW SECTION. Sec. 3. PUBLIC EDUCATION. The department, in performing its duties pursuant to this chapter, shall develop and implement a public awareness and education program regarding safe handling and disposal of potentially infectious wastes generated from residential sources with emphasis on proper hypodermic needle disposal. The program shall also provide education to the public regarding actual, rather than perceived, risks associated with infectious waste. This program shall be conducted in collaboration with jurisdictional health departments.

NEW SECTION. Sec. 4. INFECTIOUS WASTE MANAGEMENT PLAN. Each infectious waste offsite storage operator, infectious waste offsite treatment operator, and infectious waste generator except households and residences, must prepare an infectious waste management plan. The plan shall consist of a listing of the names and phone numbers of the facility's staff responsible for implementing the plan and a listing and estimated quantities of infectious waste handled by the system, procedures for infectious waste segregation, containment, transport, treatment, treatment contingency planning, and disposal. The requirements for the plan shall be developed in collaboration with the infectious waste rules committee, pursuant to section 6 of this act. The planning requirements shall not impose an undue burden on the medical community. The department may develop model plans for infectious waste generators. The department may provide technical assistance for plan development to the medical community, infectious waste off-site storage operators, or infectious waste off-site treatment operators. The plan must be consistent with the standards of this chapter and rules adopted by the department. The plan must be developed within six months of adoption of rules pursuant to section 6 of this act. The plan must be internally reviewed annually and must be followed by the facility. The plan shall be retained on site and made available for review by the enforcement agency.

NEW SECTION. Sec. 5. PERMIT REQUIREMENTS. (1) Each infectious waste offsite storage operator and infectious waste offsite treatment operator must submit a permit application to the department no later than four months following adoption of rules pursuant to this chapter. If approved, the permit shall be given for a term not less than five years, and shall be conditioned upon compliance with the requirements of this chapter and department rules adopted under this chapter.

(2) A permit may be modified during its term if there is a material change in the quantity or nature of the waste, or waste treatment system, or to require compliance with rules implementing this chapter that are adopted by the department after issuance of the permit.

(3) A jurisdictional health department may petition the department to include local requirements as part of a state infectious waste permit.

NEW SECTION. Sec. 6. STANDARDS FOR INFECTIOUS WASTE MANAGEMENT. (1) The department shall, in collaboration with the infectious waste rules committee, adopt rules to implement this chapter. The rules shall be consistent with findings and recommendations of the Washington state infectious waste project: Report to the legislature, December 1989. The rules shall include, but are not limited to, the following provisions:

(a) Standards for issuance of permits under section 5 of this act;

(b) Standards for the segregation, storage, transportation, treatment, and disposal of infectious waste. Infectious waste treated in accordance with these rules may be disposed of as solid waste. In adopting such standards the department shall consider rules adopted by other state agencies pertaining to infectious waste;

(c) Standards applicable to infectious waste transportation that apply only to those activities not currently regulated by the utilities and transportation commission under chapter 81.77 RCW;

(d) Standards for infectious waste containerization and labeling shall be developed in collaboration with the department of labor and industries and the infectious waste rules committee to maximize consistency and avoid duplication.

(2) The rules adopted may also include:

(a) Exclusions and exemptions for categories of infectious waste which the department, in collaboration with the infectious waste rules committee, determines to be appropriate under the purposes of this chapter;

(b) A fee schedule for the issuance of infectious waste permits for infectious waste off-site treatment operators and infectious waste off-site storage operators. Fees for infectious waste permits shall not exceed the costs to cover all departmental costs for administration, surveillance, and enforcement activities directly related to the activities for such permitted facilities.

(3) The rules shall not require a tracking system for infectious waste by infectious waste generators.

(4) The infectious waste rules committee is hereby established as a subcommittee to the solid waste advisory committee. Said committee shall be comprised of, but not limited to, representatives from local health jurisdictions, the medical industry including but not limited to the hospital, medical, dental, nurses, funeral directors, veterinary medical, nursing homes, home care, and laboratory associations, the waste disposal industry, the department of labor and industries, the department of health, the department of social and health services, the utilities and transportation commission, the solid waste advisory committee, and other federal, state, local, and public entities. All rules, criteria, and fee schedules adopted by the department to implement the provisions of this chapter shall be developed in collaboration with the infectious waste rules committee and other federal, state, local, and public entities.

(5) These rules shall be adopted no later than January 1, 1992.

(6) Rules established pursuant to this chapter may be modified to meet any preemptive requirements set forth by the federal government subsequent to the effective date of this act.

(7) The definition of infectious waste established pursuant to sections 2 and 6 of this act shall be the sole state definition for infectious waste and shall preempt infectious waste definitions established by local authorities.

NEW SECTION. Sec. 7. ENFORCEMENT AGENCY AUTHORITY. (1) The department shall be the enforcement agency pursuant to this chapter, except as described in subsections (2) and (3) of this section and in accordance with subsection (4) of this section. Infectious waste off-site treatment facilities and infectious waste off-site storage facilities shall at all times remain under the purview of the department and subject to permit requirements as established by section 5 of this act. It is the intent of the legislature that there shall be only one enforcement agency within any jurisdiction.

(2) The department shall enter into cooperative agreements with the department of health and the department of social and health services to assure compliance with this chapter at facilities under their jurisdictions. The department, the department of health, and the department of social and health services are encouraged to cooperate with each other to minimize duplication of inspection efforts. Within the context of said cooperative agreement, the department may designate the department of health and the department of social and health services as the enforcement agency only within their respective jurisdictions, except as specified in subsection (3) of this section.

(3) A county, city, or jurisdictional board of health may elect to designate a jurisdictional health department as the enforcement agency by adopting a local ordinance in accordance with this chapter, providing that the ordinance is consistent with and is equivalent to or exceeds the standards of this chapter and rules adopted by the department, and has been approved by the director.

(a) A jurisdictional health department implementing an infectious waste program is the enforcement agency with regard to the jurisdiction as established by the local ordinance.

(b) A jurisdictional health department may seek financial assistance for delegated programs from the infectious waste account created by this chapter, except that such funding shall not exceed funding necessary to meet the level of effort conducted by the department at the time of application by the local health jurisdiction.

(4) County, city, or board of health infectious waste ordinances that are in effect on July 1, 1990, shall remain in effect and are not superseded or preempted except for the definition of infectious waste in section 2 of this act. A city, county, or board of health with an infectious waste ordinance shall notify the department of the existence of that ordinance by October 1, 1990. Within nine months of the effective date of the regulations, any city, county, or board of health that had an infectious waste ordinance in effect on July 1, 1990, shall amend such ordinance to be consistent with, equivalent to, and no less stringent than the state regulations and submit it to the department for approval. Local infectious waste ordinances in effect on July 1, 1990, and not approved by the department within fifteen months of the effective date of state regulations shall be superseded by state regulations.

(5) The department retains the right to revoke the delegation of authority.

NEW SECTION. Sec. 8. VIOLATION‑-CIVIL PENALTIES. (1) Any infectious waste offsite treatment operator and infectious waste offsite storage operator who fails to comply with any provision of this chapter or the rules adopted under this chapter, or with the terms of a permit issued under this chapter, shall be subject to a civil penalty in an amount of not more than ten thousand dollars per day for every such violation. Any infectious waste generator or transporter pursuant to section 6 (1)(c) of this act who fails to comply with any provision of this chapter or the rules adopted under this chapter shall be subject to a civil penalty in an amount of not more than two hundred fifty dollars per day for each such violation. Each and every such violation shall be a separate and distinct offense, and in case of continuing violation, every day's continuance shall be a separate and distinct violation.

(2) The civil penalties shall be imposed by the department or the authorized enforcement agency according to procedures established under RCW 43.21B.300, except that a local health jurisdiction acting as the enforcement agency pursuant to section 7(3) of this act may impose and collect said civil penalties in accordance with the administrative procedures of the local enforcement agency.

NEW SECTION. Sec. 9. POWERS AND DUTIES OF THE DEPARTMENT. The department, in performing its duties under this chapter, may:

(1) Conduct studies and coordinate research programs pertaining to infectious waste management.

(2) Render technical assistance to generators of infectious waste, off-site infectious waste storage operators, off-site infectious waste treatment operators, infectious waste transporters, and to state and local agencies in the planning and operation of infectious waste programs.

(3) Provide for appropriate surveillance and monitoring of infectious waste management practices in the state.

NEW SECTION. Sec. 10. POWERS AND DUTIES OF THE ENFORCEMENT AGENCY. The enforcement agency, in performing its duties under this chapter, may:

(1) Inspect any facility within its jurisdiction, at any reasonable time, for the purpose of evaluating the written infectious waste management plan and to determine if the infectious waste is being managed in accordance with this chapter.

(2) Enforce the provisions set forth by this chapter.

NEW SECTION. Sec. 11. INFECTIOUS WASTE MANAGEMENT ACCOUNT. The infectious waste management account is created in the state treasury. Money in the account may only be spent, subject to legislative appropriation, for activities established under this chapter. The account shall contain:

(1) All fees collected under section 6 of this act;

(2) Such other funds that the legislature directs to be deposited in the account under section 20 of this act;

(3) Any interest earned on the account, subject to RCW 43.84.090.

NEW SECTION. Sec. 12. CAPTIONS NOT LAW. Captions as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 14. A new section is added to chapter 81.77 RCW to read as follows:

AUTHORITY AND RESPONSIBILITY OF UTILITIES AND TRANSPORTATION COMMISSION NOT CHANGED. Nothing in sections 1 through 11 of this act shall be deemed to change the authority or responsibility of the utilities and transportation commission to regulate intrastate carriers.

NEW SECTION. Sec. 15. A new section is added to chapter 81.77 RCW to read as follows:

TRANSPORTATION OF INFECTIOUS WASTE. The utilities and transportation commission shall conduct enforcement activities for transportation by companies regulated under this chapter. The department of ecology, the commission, the state patrol, or other agency may enter into interagency agreements to carry out the purposes of this section in a coordinated manner.

Any rule relating to transportation of infectious waste established pursuant to this chapter shall be consistent with rules established pursuant to sections 2 and 6 of this act.

NEW SECTION. Sec. 16. A new section is added to chapter 70.105 RCW to read as follows:

APPLICATION TO INFECTIOUS WASTE. This chapter shall not apply to an infectious waste as defined under section 2 of this act, provided that the only characteristic listed in RCW 70.105.010(5) exhibited by the waste is that it may contain infectious agents. Infectious waste designated as dangerous waste shall be managed as dangerous waste.

Sec. 17. Section 41, chapter 62, Laws of 1970 ex. sess. as last amended by section 102, chapter 175, Laws of 1989 and RCW 43.21B.110 are each amended to read as follows:

(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, enforcement agencies pursuant to section 7 of this act, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

(a) Civil penalties imposed pursuant to RCW 70.94.431, 70.105.080, 70.107.050, 90.03.600, 90.48.144, section 8 of this act, and 90.48.350.

(b) Orders issued pursuant to RCW 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 90.14.130, and 90.48.120.

(c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.

(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

(e) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(2) The following hearings shall not be conducted by the hearings board:

(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

(c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.

(d) Hearings conducted by the department to adopt, modify, or repeal rules.

(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

Sec. 18. Section 5, chapter 109, Laws of 1987 and RCW 43.21B.300 are each amended to read as follows:

(1) Any civil penalty provided in RCW 70.94.431, section 8 of this act, 70.105.080, 70.107.050, 90.03.600, 90.48.144, and 90.48.350 shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department, the enforcement agency pursuant to section 7 of this act, or the local air authority, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department, the enforcement agency pursuant to section 7 of this act, or the authority for the remission or mitigation of the penalty. Upon receipt of the application, the department, the enforcement agency pursuant to section 7 of this act, or authority may remit or mitigate the penalty upon whatever terms the department, the enforcement agency pursuant to section 7 of this act, or the authority in its discretion deems proper. The department, the enforcement agency pursuant to section 7 of this act, or the authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority thirty days after receipt by the person penalized of the notice imposing the penalty or thirty days after receipt of the notice of disposition of the application for relief from penalty.

(3) A penalty shall become due and payable on the later of:

(a) Thirty days after receipt of the notice imposing the penalty;

(b) Thirty days after receipt of the notice of disposition on application for relief from penalty, if such an application is made; or

(4) If the amount of any penalty is not paid to the department or the enforcement agency pursuant to section 7 of this act within thirty days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 70.94.431, the disposition of which shall be governed by that provision, RCW 70.105.080, which shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180, and RCW 90.48.350, which shall be credited to the coastal protection fund created by RCW 90.48.390.

Sec. 19. Section 1, chapter 101, Laws of 1975-'76 2nd ex. sess. as last amended by section 1, chapter 376, Laws of 1989 and RCW 70.105.010 are each amended to read as follows:

The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise.

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

(2) "Director" means the director of the department of ecology or the director's designee.

(3) "Disposal site" means a geographical site in or upon which hazardous wastes are disposed of in accordance with the provisions of this chapter.

(4) "Dispose or disposal" means the discarding or abandoning of hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.

(5) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

(a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

"Dangerous waste" does not include waste as described in section 16 of this act that only includes infectious agents.

(6) "Extremely hazardous waste" means any dangerous waste which

(a) will persist in a hazardous form for several years or more at a disposal site and which in its persistent form

(i) presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife, and

(ii) is highly toxic to man or wildlife

(b) if disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment.

(7) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.

(8) "Pesticide" shall have the meaning of the term as defined in RCW 15.58.030 as now or hereafter amended.

(9) "Solid waste advisory committee" means the same advisory committee as per RCW 70.95.040 through 70.95.070.

(10) "Designated zone facility" means any facility that requires an interim or final status permit under rules adopted under this chapter and that is not a preempted facility as defined in this section.

(11) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or disposing of hazardous waste.

(12) "Preempted facility" means any facility that includes as a significant part of its activities any of the following operations: (a) Landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) waste pile to be closed as a landfill.

(13) "Hazardous household substances" means those substances identified by the department as hazardous household substances in the guidelines developed under RCW 70.105.220.

(14) "Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter.

(15) "Hazardous waste" means and includes all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components.

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

(17) "Moderate-risk waste" means (a) any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation, and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances.

(18) "Service charge" means an assessment imposed under RCW 70.105.280 against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component. Service charges shall also apply to facilities undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal, except any commercial low-level radioactive waste facility.

NEW SECTION. Sec. 20. In conjunction with rule development pursuant to section 6 of this act, the department, in collaboration with the infectious waste rules committee, shall investigate revenue sources to conduct educational, inspection, and enforcement activities pursuant to this chapter. Findings and recommendations from said investigation, including amendments to or repeal of this chapter, shall be transmitted to the legislature by June 30, 1991.

NEW SECTION. Sec. 21. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 22. This act shall take effect July 1, 1990.