2023 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.