S-1768

AN ACT Relating to biomedical waste treatment and disposal; amending RCW 70.95K.010 and 70.95K.020; adding a new section to chapter 70.95K RCW; and creating new sections.

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

NEW SECTION. Sec. 1. (1) The University of Washington graduate school of public affairs shall conduct a study of the relative risks posed by different methods of treatment and disposal of biomedical waste. In the course of designing and conducting the study, the University of Washington shall consult with the department of ecology, the department of health, and the state solid waste advisory committee. The study shall consider the risk associated with exposure to infectious organisms, to workers who are involved in the handling, treatment, and disposal of biomedical waste, and to the surrounding communities for the following biomedical waste treatment technology categories or disposal methods:

(a) Autoclaving;

(b) Incineration;

(d) Microwaving;

(e) Chemical deactivation; and

(f) Disposal of untreated medical waste in approved solid waste landfills.

(2) The study shall estimate the quantity of biomedical waste that is generated in the state, is transported into the state from other states and other countries, and shall characterize whether the biomedical waste is treated before disposal.

(3) The study shall examine the conclusions from related studies, including the 1993 study conducted by the United States environmental protection agency and the 1997 study conducted by the national institute for occupational safety and health.

(4) The University of Washington shall report its findings to the department of ecology, the department of health, and the state solid waste advisory committee and shall submit a final report of its findings to appropriate committees of the legislature by December 1, 2001.

NEW SECTION. Sec. 2. A new section is added to chapter 70.95K RCW to read as follows:

(1) Each facility that accepts and treats biomedical waste from another party for renumerative benefit and operates biomedical waste under a solid waste permit shall develop a hazard analysis and critical control points plan. The scope of the plan shall cover worker health and safety and any health risks to the community surrounding the facility. The plan shall be a systematic approach to the identification, evaluation, and control of safety hazards and include:

(a) Conducting a hazard analysis;

(b) Determining the critical control points;

(d) Establishing monitoring procedures;

(e) Establishing corrective actions;

(f) Establishing verification procedures; and

(g) Establishing recordkeeping and documentation procedures.

(2) The plan shall identify the corrective action that will be taken when there is a deviation from the critical limits for each identified step contained in the plan.

(3) The plan shall be submitted to the local health jurisdiction. The local health jurisdiction shall review the plan in consultation with the state department of health, the department of ecology, and the department of labor and industries and shall approve the plan or recommend changes to the plan. The review shall be completed within one hundred twenty days of submission and shall include an explanation of the reasons for any recommended changes.

(4) Local health jurisdictions shall monitor the operation of the facilities to assure the plants are operated in accordance with the plan.

(5) If public health or worker safety issues develop with regard to the operation of a facility, including a significant change in the source of waste, a change in the critical control points or the emergence of a disease of concern, any of the public agencies enumerated in subsection (3) of this section or the plant operator may propose revision of the plan to the local health jurisdiction. The local health jurisdiction, in consultation with the involved public agencies, shall review the proposed revisions and may recommend additional corrective actions and changes to critical limits or other elements of the plan to provide improved protection to public health or worker safety.

(6) Local health jurisdictions, with assistance from the department of health, shall establish verification procedures as a condition of the permit and as necessary to protect the public or worker health and safety.

(7) Initial plans shall be prepared within two years of the effective date of this section. The plant operator shall review and update the hazard analysis and critical control points plan every two years. Such revisions shall be conducted in accordance with the procedure established in subsection (3) of this section.

(8) A plant established after the effective date of this section shall develop a hazard analysis and critical control points plan before commencing operation. Such plan shall be submitted in accordance with the procedure established in subsection (3) of this section.

(9) This section does not affect nor replace other authorities or responsibilities of state or local agencies under other laws.

Sec. 3. RCW 70.95K.010 and 1994 c 165 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) "Control point" means any step at which biological, chemical, or physical factors can be controlled.

(3) "Corrective action" means procedures followed when a deviation occurs when associated with biomedical waste deactivation at facilities under a solid waste permit.

(4) "Critical control point" means a step at which control can be applied and is essential to prevent or eliminate a safety or health hazard associated with biomedical waste deactivation at facilities under a solid waste permit, or to reduce it to an acceptable level.

(5) "Critical limit" means a maximum or minimum value to which a biological, chemical, or physical parameter must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of a safety or health hazard associated with biomedical waste deactivation at facilities under a solid waste permit.

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

(7) "Hazard analysis" means the process of collecting and evaluating information on hazards associated with biomedical waste deactivation at facilities under a solid waste permit to decide which hazards are significant and must be addressed in the plan.

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

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

~~(4)~~)) (9) "Local health jurisdiction" means the county, city-county or multicounty public health department or district.

(10) "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.

(11) "Monitor" means to conduct a planned sequence of observations or measurements associated with biomedical waste deactivation at facilities under a solid waste permit to assess whether a critical control point is under control and to produce an accurate record for future use in verification.

(12) "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)~~)) (13) "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 a biomedical or solid waste collection company approved by the utilities and transportation commission.

(14) "Plan," which is a hazard analysis and critical control points plan, means a systematic approach to the identification, evaluation, and control of safety and health and safety hazards when associated with biomedical waste deactivation at facilities under a solid waste permit.

(15) "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)~~)) (16) "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 residential sharps waste.

(((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 a biomedical or solid waste collection company approved by the utilities and transportation commission.

~~(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)~~)) (17) "Source separation" has the same meaning as in RCW 70.95.030.

((~~(12)~~)) (18) "Step" means a point, procedure, operation, or stage in the system associated with biomedical waste deactivation at facilities under a solid waste permit, from the point of biomedical waste acceptance, to final deactivation and disposal.

(19) "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.

(20) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.

(21) "Verification" means those activities, other than monitoring, that determine the validity of the plan and that the system is operating according to the plan, when associated with biomedical waste deactivation at facilities under a solid waste permit.

Sec. 4. RCW 70.95K.020 and 1992 c 14 s 4 are each amended to read as follows:

(1) ((~~At the request of an applicant,~~)) The department of health, in consultation with the department of ecology and local health departments((~~, may~~)) shall evaluate the environmental and public health impacts of biomedical waste treatment technologies. The agencies shall consider the guidelines established by the state and territorial association on the alternative treatment technologies in their evaluation. The department shall make available the results of any evaluation to local health ((~~departments~~)) jurisdictions.

(2) All direct costs associated with the evaluation shall be paid by the applicant to the department of health or to a state or local entity designated by the department of health.

(3) For the purposes of this section, "applicant" means any person representing a biomedical waste treatment technology that seeks ((~~an evaluation~~)) approval to operate a plant by the local health jurisdiction under subsection (1) of this section before initially operating a plant employing that treatment technology or before seeking a significant change or upgrade in that treatment technology.

(4) The department of health may adopt rules to implement this section.

NEW SECTION. Sec. 5. If specific funding for the purposes of sections 2 and 3 of this act, referencing this act by bill or chapter and section numbers, is not provided by June 30, 1999, in the omnibus appropriations act, sections 2 and 3 of this act are null and void.