AN ACT Relating to the regulation of medical waste; adding a new chapter to Title 70 RCW; and adding a new section to chapter 70.105 RCW.

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

NEW SECTION. Sec. 1. It is the intent of the legislature that medical waste be managed, transported, and disposed of in a manner that minimizes the risk of transmission of infectious diseases. Where possible, medical waste should be disposed of or sterilized at the facility where it is generated, and any transport off the premises for disposal should be strictly regulated and conducted under a permit from the department of ecology. The particular risks and special management requirements of medical waste indicate that specific regulatory requirements are necessary for the protection of public health, but that the requirements for management of hazardous waste under chapter 70.105 RCW should not apply.

NEW SECTION. Sec. 2. As used in this chapter the following terms have the meaning indicated unless the context clearly requires otherwise:

(1) "Medical waste" means any solid waste which may contain biological agents capable of transmitting an infectious disease, and that is generated in a regulated facility in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. "Medical waste" includes wastes defined by the department of ecology under section 5 of this act.

(2) "Regulated facility" means any hospital, medical or dental clinic, medical laboratory, nursing or intermediate care home, blood bank, veterinary facility, dialysis center or other facility engaged in medical treatment, diagnosis or immunization of human beings or animals, or research pertaining thereto.

(3) "Department" means the department of ecology unless otherwise specified.

(4) "Director" means the director of the department of ecology, or an employee of the department specifically designated by the director to exercise the powers of the director under this act.

(5) "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.

NEW SECTION. Sec. 3. (1) Beginning on July 1, 1990, any person who owns or operates a regulated facility and transports medical waste for the purpose of disposal from the facility where it is generated must first obtain a permit from the department for such transportation and disposal. The permit shall be for a term not less than five years, and shall be conditioned upon compliance with the requirements of this act and department rules adopted under this act.

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

NEW SECTION. Sec. 4. (1) A permit shall not be required under this act where the owner or operator of a regulated facility sterilizes or disposes of medical waste at the facility where it is generated.

(2) The board of health shall recommend rules for adoption by the department of social and health services for the application of this exemption. The rules shall require that on- site disposal and sterilization be conducted in a manner which ensures that any residual waste to be transported from the facility, including incinerator ash, be free of any infectious agents. The rules shall also require that each owner or operator claiming the exemption must report no less than annually on the nature and quantity of medical waste generated, and the manner in which it was disposed.

(3) Interim rules for application of this section shall be adopted no later than January 1, 1990, and final rules shall be adopted no later than July 1, 1990.

NEW SECTION. Sec. 5. (1) The department shall adopt interim rules to implement this act no later than January 1, 1990, and shall adopt final rules no later than March 30, 1990.

(2) The rules shall include, but are not limited to, the following provisions:

(a) Designation of waste as medical waste;

(b) Standards for issuance of permits under section 3 of this act;

(d) Standards for the transportation, storage, and disposal of medical waste away from the premises of the generator. These standards shall include, but are not limited to, labelling, segregation and packaging requirements, and handling requirements to minimize the risk of transmission of an infectious disease.

NEW SECTION. Sec. 6. The department may terminate a permit upon thirty days prior written notice if the director finds that the holder of the permit has failed to comply with the terms of the permit, with the requirements of this act, or the rules of the department implementing this act.

NEW SECTION. Sec. 7. Whenever the department determines that a person has violated or is about to violate any provision of this act, the department may issue an order requiring compliance. The order shall be served personally on, or delivered by registered mail to, the person against whom the order is directed. Any order may be appealed under RCW 43.21B.310.

NEW SECTION. Sec. 8. (1) Any person who fails to comply with any provision of this act or the rules adopted thereunder, or with an order imposed under section 7 of this act, or with the terms of a permit issued under this act, shall be subject to a penalty in an amount of not more than ten thousand dollars per day for every 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. The penalty herein provided shall be imposed under RCW 43.21B.300.

NEW SECTION. Sec. 9. No unit of local government may require a permit for the transport of medical waste. The department shall incorporate any requirement of a local government with jurisdiction over the facility generating the waste, if the requirement is not inconsistent with and is equivalent to or exceeds the standards of this act and rules adopted by the department.

NEW SECTION. Sec. 10. A new section is added to chapter 70.105 RCW to read as follows:

This chapter shall not apply to a medical 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.

NEW SECTION. Sec. 11. Sections 1 through 9 of this act shall constitute a new chapter in Title 70 RCW.