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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)
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)
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)
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)
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)
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)
A. Any person who violates any provision of this ordinance or its rules and regulations, shall, upon conviction, be fined not less than $500.00 nor more than $1,000.00 for the first offense, not less than $1,000.00 nor more than $2,000.00 for the second offense, and not less than $2,000.00 nor more than $5,000.00 for a third or any subsequent offense.
B. In the event infectious waste is found which has been disposed of in violation of this ordinance, the department of health shall take or direct all action necessary to insure proper disposal of such waste. Any person responsible for such improper disposal shall, in addition to the penalties specified above, be required to pay any and all costs incurred by the city to dispose of such waste.
(Added Coun. J. 9-12-90, p. 20461; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of the ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that the ordinance would have been adopted had not such invalid provision or provisions been included.
(Added Coun. J. 9-12-90, p. 20461)
In addition to other penalties cited in this chapter, if any person or business performing work under contract with the city is found guilty of violating the provisions of Sections 7-28-200 through 7-28-519 inclusive, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice.
(Prior code § 99-42.2; Added Coun. J. 7-29-86, p. 32488; Amended during Supplement No. 2, 4-91; Amend Coun. J. 3-6-96, 17618)
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