An Act To Facilitate the Use of Alternative Methods for Biomedical Waste Treatment and Disposal
Maine Legislature, Session 125, LD 1646
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, DILL
Amends: 38 MRSA §1319-O

Legislative Document 
No. 1646 
S.P. 545 
In Senate, December 21, 2011 
An Act To Facilitate the Use of Alternative Methods for Biomedical 
Waste Treatment and Disposal 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 19, 2011.  Referred to the Committee 
on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 218. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Senator DILL of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1319-O, sub-§3, as amended by PL 2005, c. 549, §6, is 
further amended to read: 
3.  Handling and disposal of biomedical waste.  The board department shall adopt 
rules relating to the packaging, labeling, handling, storage, collection, transportation, 
treatment and disposal of biomedical waste, including infectious and pathogenic waste, to 
protect public health, safety and welfare and the environment. 
A.  The rules must include, without limitation: 
(1) Registration of biomedical waste generators; 
(2) Handling of biomedical waste by generators; 
(3) Licensing of biomedical waste transporters and the conveyances used for the 
transportation of biomedical waste; 
(4) Implementation of a biomedical waste tracking or manifest system; 
(5) Establishment of treatment and disposal standards; and 
(6) Categories of biomedical waste subject to regulation under this subsection, 
consistent with the provisions of section 1303-C, subsection 1-A.; and 
(7)  Establishment of approved alternative treatment processes other than 
treatment by incineration for use by medical facilities.  The rules: 
(a)  Must include disposal standards for biomedical waste treated by an 
approved alternative treatment process, including standards for disposal of 
treated biomedical waste as solid waste; and 
(b)  May not require a medical facility to obtain a biomedical waste treatment 
facility license for the treatment of biomedical waste generated at that facility 
if the waste is treated using an approved alternative treatment process. 
Rules adopted pursuant to this subparagraph are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
B.  The board department shall adopt rules governing the siting, licensing, operational 
and record-keeping requirements for biomedical waste treatment, storage and 
disposal facilities. 
C.  The board department shall require evidence of financial capacity. 
D.  The board department may assess licensing and registration fees sufficient to pay 
for the department's administrative costs in regulating biomedical waste. 
E.  The rules must provide transportation and disposal options for persons who 
generate fewer than 50 pounds of sharps per month that allow: 
(1)  The generator or an employee of the generator to transport properly packaged 
sharps to a licensed biomedical waste disposal facility or another medical facility 
that has volunteered to serve as a collection point for sharps if no more than 50 
pounds of sharps are transported in one trip; and 
(2)  The generator to mail properly packaged sharps to a licensed biomedical 
waste disposal facility in this State or a facility in another state if the carrier 
accepts those items and no more than 50 pounds are transported in any single 
package. 
For purposes of this paragraph, "sharps" means items that may cause puncture 
wounds or cuts, including hypodermic needles, syringes, scalpel blades, capillary 
tubes and lancets, and "properly packaged" means packaged in accordance with 
department rules and rules or requirements imposed by the mail carrier. 
SUMMARY 
This bill directs the Department of Environmental Protection to establish by rule 
approved alternative treatment processes for the treatment and disposal of biomedical 
waste for use by medical facilities.  The rules must include disposal standards and may 
not require a medical facility to obtain a biomedical waste treatment facility license for 
treating its own biomedical waste.  The bill also provides that the Department of 
Environmental Protection adopts the rules regarding handling and disposal of biomedical 
waste, consistent with the Maine Revised Statutes, Title 38, section 341-H.