NY Env Conserv L § 27-1511 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 15 - Storage, Treatment, Disposal and Transportation of Regulated Medical Waste 27-1511 - Standards Applicable to Transporter of Regulated Medical Waste.

§ 27-1511. Standards  applicable  to  transporter  of  regulated medical              waste.   1. The commissioner shall  promulgate  regulations  establishing  such standards  as  shall  be applicable to transporters of regulated medical waste identified or listed under this title,  as  may  be  necessary  to protect  human health and the environment. Such standards shall include, but need not be limited to, requirements respecting:   a. Record keeping practices that  accurately  identify  the  regulated medical wastes transported, their sources and delivery points, including certification  of  compliance  with  the program to be promulgated under section 27-1504 of this title;   b. Transportation of all such regulated  medical  waste  only  to  the facility or facilities approved by the department; and   c.  Proof of ownership and inspection of vehicles used in transporting regulated medical waste, proof of liability insurance or other  form  of financial  security  deemed  sufficient  by the commissioner to meet all responsibilities in case of release of such waste causing  damage  as  a condition  to  the  issuance of a permit to a transporter as required by this section.   2. Except as provided in paragraph a of this  subdivision,  no  person shall  engage  in the transportation of regulated medical wastes without first complying with the requirements of standards  promulgated  by  the commissioner pursuant to subdivision one of this section and obtaining a permit  issued  by  the  department.  The commissioner shall assure that permits authorizing regulated medical waste transportation are not  held by unqualified or unsuitable persons pursuant to section 27-1517 of this title.   a.  (i)  No  permit  shall  be  required for the transportation by the generator of less than fifty pounds per month of regulated medical waste or by authorized employees of such generator acting  on  behalf  of  and under  the  supervision of the generator provided that (1) such waste is being transported from the point of generation for treatment or disposal to a facility approved by the department, (2) such person  shall  comply with  the  requirements  of  section  27-1510  of  this  title,  (3) the generator shall have registered with the department in a form prescribed by the commissioner, which registration, at a minimum,  shall  designate the treatment or disposal facility and the employees acting on behalf of or under the supervision of the generator, and (4) such person would not otherwise  be  subject to an adverse determination under section 27-1517 of this title.  (ii) The commissioner may, after consultation with the commissioner of health, exempt a generator  from  the  waste  transporter  program  fees pursuant  to  section  72-0502  of  this  chapter upon a showing by such generator that compliance with such requirements would create a hardship on  the  generator's  business  activities.   The   commissioner   shall promulgate  guidelines  for the purpose of determining the circumstances under which such exemption may  be  granted.  Such  exemption  shall  be reviewed periodically as specified by the commissioner but at least once every  two  years.  Any exemption granted hereunder may be revoked after due notice and opportunity for hearing for a violation of any  provision of this title or other applicable laws, rules or regulations relating to the  transportation  of  regulated  wastes  or  upon  a showing that the exempted  generator  no  longer  meets  the  requisite  guidelines   for exemption.   b. A generator of regulated medical waste may obtain a permit pursuant to this title to transport regulated medical waste.   c.  The  department  may  make rules and regulations implementing this section in order to carry  out  and  enforce  the  intent  and  purposes  thereof.  Such rules and regulations and the provisions of article 70 of this chapter and rules and regulations adopted thereunder  shall  govern permit   applications,   permit   conditions,  renewals,  modifications, suspensions  and  revocations under this section. The responsibility for the issuance and review of permits and the enforcement of the provisions of this section may be delegated to regional, district or county offices of the state department of health, or to local health departments  where their jurisdiction may apply.   d.  Applications  filed  pursuant  to  this section shall indicate the mechanical and other equipment, holding tanks and vehicles and any place of temporary storage used or to be used by the applicant and  the  place or  places  where  and  the  manner  in which the applicant will finally dispose of the regulated medical wastes, and such other  information  as the  department  deems  necessary. If the department determines that the proposed method of transportation, the place  or  manner  in  which  the waste  product  is to be treated, stored or disposed of or the method or location of temporary storage will be detrimental to the  protection  of public  health  or  substantially  damage  or pollute the environment or natural resources of the state, it may deny the  permit  or  may  impose such permit conditions as may be necessary.   e.  As  a  condition  for  the  permit  or the exemption therefrom the department shall require the transporter to make an annual report to the department, indicating the number and type  of  generators  served,  the volume  and  nature  of  waste  products  disposed of, and the place and manner in which such waste products  were  finally  disposed,  and  such other information as the department may require.   f.  Such permit shall be renewed annually. The fees for such permit or renewal shall be those established pursuant to section 72-0502  of  this chapter.  A  renewal  may be denied by the department for failure of the applicant to  properly  report  as  provided  in  paragraph  e  of  this subdivision.   g. The department may suspend or revoke any permit upon proof that the permittee has been found guilty of a violation of the provisions of this section as provided in title 44 of article 71 of this chapter, or if the department  determines that the permittee has violated the provisions of this section, the rules and regulations implementing it or the rules and regulations adopted to implement article 70 of this chapter.   3. A transporter of regulated medical waste who  has  been  granted  a permit  by  the department for such activity shall notify the department within thirty days of the following occurrences:   a. Any  change  of  substantial  interest  in  ownership  or  indirect ownership or any change in name or location.   b.  Ownership  or  control  of a vehicle or container certified by the department is changed.   c.  A  truck,  trailer,  semitrailer,  vacuum  tank,  cargo  tank,  or container certified by the department is involved in any spill, or in an accident  which renders or may have rendered the vehicle or container in noncompliance with the requirements of this section.