7-28-511 Definitions.

   As used in Sections 7-28-511 through 7-28-519, the following terms and phrases shall be understood as having the following meanings:

   A.   “Animal waste” means waste such as body parts, carcasses and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals.

   B.   “Biologicals” means, but is not limited to secretions, suctionings, excretions, exudates, and other body fluids which cannot be directly discarded into a municipal sewer system.

   C.   “Blood” means human or animal blood and blood products, including but not limited to plasma, serum and material containing free flowing blood and blood components.

   D.   “Board” means the Chicago Board of Health appointed by the mayor of the City of Chicago.

   E.   “Commissioner” means the commissioner of the department of health of the City of Chicago.

   F.   “Department” means the department of health of the City of Chicago.

   G.   “Facility” means any site that produces, stores, treats, transports, hauls or disposes of infectious waste.

   H.   “Infectious agent” means an organism that is capable of producing infection or infectious disease.

   I.   “Infectious waste” means waste produced in connection with human or animal patient care and materials generated as a result of patient diagnosis, treatment, immunization, or the preparation of human remains for cremation or burial, that is contaminated with or may be contaminated with an infectious agent, and includes laboratory waste, pathological waste, isolation waste, blood, regulated fluids, sharps and animal waste. “Infectious waste” shall not include general refuse, such as food products and containers, packaging materials, and materials that are not used in connection with patient care.

   J.   “Isolation waste” means all waste from the care or treatment of patients who are isolated to prevent the spread of communicable diseases except reverse protection isolation.

   K.   “Laboratory waste” means cultures and stocks of infectious agents and associated biologicals including: human and animal cultures from medical and/or pathological laboratories; cultures and stocks of infectious agents from research, commercial or industrial laboratories; waste from the production of biologicals; discarded live and attenuated vaccines; culture dishes and other devices used to transfer, inoculate and mix cultures; and specimens of regulated body fluid.

   L.   “Pathological waste” means human tissues, body parts and body organs that are removed during surgery and autopsy or other medical procedures.

   M.   “Person” means any individual, partnership, company, corporation, association, firm, organization, trust or other legal entity, including any city, county, district, state or federal department or agency, located within the corporate limits of the City of Chicago.

   N.   “Producer” means a person whose business or professional activities produce or generate infectious waste, including but not limited to medical facilities; laboratories; clinics; blood banks, whether mobile or freestanding; doctor's, dentist's or veterinarian's offices, or buildings; freestanding dialysis centers; nursing homes; extended care facilities; health maintenance organizations not located exclusively within a licensed hospital; and funeral homes and crematoriums. When more than one person (as defined in subsection M of this section) is located in the same building, each individual business entity is a separate producer under this ordinance.

   “Producer” does not include persons who produce infectious waste during self-treatment and family members, physicians or individuals associated with a visiting or home care service or organization, who administer or direct health care in a person's residence. “Producer” specifically does not include any licensed hospital facility located within the City of Chicago that is presently regulated by the Illinois Environmental Protection Act for the disposal of hospital wastes.

   O.   “Regulated body fluids” means cerebrospinal fluids, synovial fluids, pleunal fluids, peritoneal fluids, pericardial fluids and amniotic fluids.

   P.   “Sharps” means any discarded article used in animal care, patient care or medical, industrial or research laboratories, that may cause punctures or cuts. Sharps include hypodermic needles, tubings with needles attached, scalpel blades, syringes (with or without the attached needle), pasteur pipettes, blood vials, culture dishes that have been removed from their original sterile containers, and broken or unbroken glassware that has been in contact with infectious agents, such as used slides.

   Q.   “Treatment” means a method, technique or process to treat infectious waste so as to render such waste innocuous, as authorized under Sections 7-28-511 through 7-28-519 and all applicable state and federal laws.

(Added Coun. J. 9-12-90, p. 20461)

7-28-512 Application.

   All persons regulated herein shall comply with the provisions of this ordinance, the rules and regulations promulgated thereunder, all other provisions of the City of Chicago Municipal Code applicable to medical wastes and all applicable federal and state laws, rules and regulations. Any licensed hospital facility located within the City of Chicago and presently regulated under the Illinois Environmental Protection Act and its applicable rules and regulations pertaining to hospital waste and disposal is specifically excluded from the application of this ordinance.

(Added Coun. J. 9-12-90, p. 20461)

7-28-513 Waste management.

   A.   Segregation. All producers of infectious waste must segregate such waste as a separate waste stream from point of origin to transfer to a licensed hauler or disposed of in accordance with the provisions of Sections 7-28-511 through 7-28-519. All licensed haulers of infectious waste must package, contain, store, transport and dispose of in a manner that shall prevent any uncontrolled release of the waste materials.

   B.   Containment.

      (1)   Except as is otherwise provided in subdivision (3) of this subsection relating to the containment of sharps, infectious waste shall be contained and placed in disposable plastic bags which are impervious to moisture and of strength sufficient to preclude tearing, ripping or bursting under normal conditions of usage and handling. The bags shall be securely tied to prevent leakage or expulsion of waste during storage, handling and transport.

      (2)   All bags used for the containment of infectious waste shall be in red in color and clearly labeled by the producer with the standard international biohazard symbol or with the words “Infectious Waste”.

      (3)   All sharps shall be contained in rigid, puncture-resistant containers which are taped closed or tightly enclosed to prevent loss of the contents. Rigid containers of sharp waste shall be red in color, clearly labeled by the producer with the international biohazard symbol or with the words “Infectious Waste”, and placed, fully secured, in the labeled disposable bags used for other infectious waste.

   C.   Storage.

      (1)   All infectious waste shall be placed for storage or handling in pails, cartons, drums, dumpsters or portable bins used exclusively for the storage of such waste. Such a containment system shall be leakproof, have tight-fitting locked covers and be kept clean and in good repair at all times. Containers used for such storage shall be prominently labeled with either the standard international biohazard symbol or with the words “Infectious Waste” on the lids or sides so as to be readily visible.

(Added Coun. J. 9-12-90, p. 20461)

7-28-514 Treatment of infectious waste.

   All infectious waste shall be treated and disposed of in compliance with all statutory rules and regulations applicable to the disposal of hospital waste pursuant to the Illinois Environmental Protection Act and its implementing regulations.

(Added Coun. J. 9-12-90, p. 20461)

7-28-515 Transportation.

   A.   A producer of infectious waste shall arrange for removal of its infectious waste with a hauler or transporter for off-site disposal who holds a special waste hauling permit issued by the Illinois Environmental Protection Agency, under its regulations Title 35, Subtitle G., Ch. 1, Subch. h, Part 809, et seq.

   B.   No person other than a hauler or transporter holding a special waste hauling permit shall transport infectious waste off-site; provided, however, that a licensed physician or nurse may personally transport off-site medical waste not to exceed a total of six pounds to an approved infectious waste treatment or storage facility within the City of Chicago or county of Cook provided that all infectious medical waste is properly contained and identified while in transport and that such transport shall be completed within 12 hours from the time the waste was generated.

   C.   No person except a physician or nurse as noted in subsection B shall transport infectious waste to any off-site facility for storage, treatment or disposal in any vehicle that does not display a registration number and seal as required by the Illinois Environmental Protection Act and applicable Illinois law and statutes.

   D.   Each vehicle except vehicles used by a physician or nurse as noted in subsection B shall comply with the regulations adopted by the Illinois Department of Transportation, the United States Department of Transportation or the United States Environmental Protection Agency, whichever has jurisdiction, if applicable.

   E.   Each vehicle, except vehicles used by a physician or nurse as noted in subsection B, used to transport infectious waste off-site for storage, treatment or disposal shall be labeled, marked and shall display placards or the standard biohazard symbols indicating that infectious medical waste is contained in the vehicle. This identification is for informational purposes only, and does not constitute an independently enforceable regulation with respect to labeling, marking and placarding requirements.

   The commissioner shall promulgate rules and regulations for the implementation and enforcement of these requirements.

(Added Coun. J. 9-12-90, p. 20461)

7-28-516 Management plan.

   A.   Every person who generates or produces infectious medical waste shall prepare and maintain an infectious waste plan on file at its facility.

   B.   Every person who transports, stores, hauls or disposes of infectious medical waste shall prepare and maintain an infectious waste plan on file at all of the facilities.

   C.   These plans shall be made available to the commissioner or a person authorized by the commissioner, at the time of any inspection of the facility, or upon notice and demand.

   The commissioner shall promulgate rules and regulations for the implementation and enforcement of this program.

(Added Coun. J. 9-12-90, p. 20461)

7-28-517 Responsibilities and enforcement authority.

   A.   Rulemaking Authority. The commissioner, in conjunction with the board, shall adopt rules and regulations necessary for the administration of this ordinance.

   B.   Regulatory Authority. When evidence of an alleged violation of any provision of this ordinance is presented to the commissioner, the commissioner, or any employee authorized by the commissioner shall serve upon the facility a written notice, informing the person(s) of the alleged violation(s). The owner or operator of the facility shall contact the department for an inspection of the site within five working days of the receipt of such notice of violation. Failure to do so will result in an inspection of the facility at a time and date determined by the department.

   C.   Inspection. At any time of any inspection, and the presentation of credentials, the inspector may:

      (1)   Enter upon the property or facility, public or private, for the purpose of taking any action authorized by this ordinance, including obtaining information and conducting investigations; and

      (2)   Examine all documents related to compliance with this section subject to the Medical Practice Act or court order.

(Added Coun. J. 9-12-90, p. 20461; Corrected. 11-28-90, p. 26324)