Tex. Health and Safety Code § 361.0905 — TX Code / Code hs / Chapter 361 / Section 361.0905
§ 361.0905. REGULATION OF MEDICAL WASTE.
Status: in_force

(a) The commission is responsible under this section for the regulation of the handling, transportation, storage, and disposal of medical waste.

(b) The commission shall accomplish the purposes of this chapter by requiring a permit, registration, or other authorization for and otherwise regulating the handling, storage, disposal, and transportation of medical waste. The commission shall adopt rules as necessary to accomplish the purposes of this subchapter.

(c) The commission has the powers and duties specifically prescribed by this chapter relating to medical waste regulation and all other powers necessary or convenient to carry out those responsibilities under this chapter.

(d) In matters relating to medical waste regulation, the commission shall consider water pollution control and water quality aspects, air pollution control and ambient air quality aspects, and the protection of human health and safety.

(e) Rules adopted to regulate the operation of municipal solid waste storage and processing units apply in the same manner to medical waste only to the extent that the rules address:

(1) permit and registration requirements that can be made applicable to a facility that handles medical waste, including requirements related to:

(A) applications;

(B) site development;

(C) notice; and

(D) permit or registration duration and limits;

(2) minor modifications to permits and registrations, including changes in operating hours and buffer zones;

(3) the reconciliation of conflicting site operation plan provisions for a site that conducts activities that require a separate permit or authorization;

(4) waste acceptance and analysis;

(5) facility-generated waste, including wastewater and sludge;

(6) contaminated water management;

(7) on-site storage areas for source-separated or recyclable materials;

(8) the storage of waste:

(A) to prevent the waste from becoming a hazard, including a fire hazard, to human health or safety;

(B) to ensure the use of sufficient containers between collections; and

(C) to prevent the waste from becoming litter;

(9) closure requirements for storage and processing units;

(10) recordkeeping and reporting requirements, except for rules regarding the recordkeeping provisions required to justify the levels of recovered recycled products;

(11) fire protection;

(12) access control;

(13) unloading waste;

(14) spill prevention and control;

(15) operating hours;

(16) facility signage;

(17) control of litter, including windblown material;

(18) noise pollution and visual screening;

(19) capacity overloading and mechanical breakdown;

(20) sanitation, including employee sanitation facilities;

(21) ventilation and air pollution control, except as those rules apply to:

(A) process areas where putrescible waste is processed;

(B) the minimal air exposure for liquid waste; and

(C) the cleaning and maintenance of mobile waste processing unit equipment; and

(22) facility health and safety plans, including employee training in health and safety.

(f) Medical waste facilities, on-site treatment services and mobile treatment units that send treated medical waste and treated medical waste including sharps or residuals of sharps to a solid waste landfill must include a statement to the solid waste landfill that the shipment has been treated by an approved method in accordance with 25 T.A.C. Section 1.136 (relating to Approved Methods of Treatment and Disposition). Home generated wastes are exempted from this requirement.

(g) In a facility that handles medical waste processing or storage, the commission shall not require a minimum separating distance greater than 25 feet between the processing equipment or storage area, and the facility boundary owned or controlled by the owner or operator. A medical waste storage unit is not subject to this subsection, provided that medical waste contained in transport vehicles is refrigerated below 45 degrees if the waste is in the vehicle longer than 72 hours. The commission may consider alternatives to the buffer zone requirements of this subsection for permitted, registered, or otherwise authorized medical waste processing and storage facilities.