a. It shall be unlawful for any person to store, treat, transport or dispose of or to cause to be stored, treated, transported or disposed of any regulated medical waste or other medical waste except in the manner prescribed in the public health law, the environmental conservation law, or any rules or regulations promulgated pursuant thereto and the New York city health code and any regulations of the city department of health and the city department of sanitation. In addition, it shall be unlawful for any person to dispose of or to cause to be disposed of any regulated medical waste within the solid waste disposal system of the city, provided that the department may accept at its incinerators classes of regulated medical waste that were accepted at such incinerators as of June twenty-first, nineteen hundred eighty-nine if it has obtained all necessary authorizations required by law to incinerate such classes of regulated medical waste. In addition, it shall be unlawful to dispose of or to cause to be disposed of any laboratory waste or surgical waste as defined in this section, or classes of regulated medical waste that were accepted at department incinerators as of June twenty-first, nineteen hundred eighty-nine, whether or not such laboratory waste, surgical waste or other classes of regulated medical waste have been autoclaved or subjected to a similar decontamination technique other than incineration, in the landfills of the city.
b. For purposes of this section, the following terms shall have the following meanings:
1. Regulated medical waste means any waste that is generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, when listed as follows, provided, however, that regulated medical waste shall not include any hazardous waste identified or listed pursuant to section 27-0903 of the environmental conservation law or any household waste as defined in regulations promulgated under such section:
i. cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures;
ii. human pathological wastes, including tissues, organs, body parts and body fluids that are removed during surgery or autopsy or other medical procedures, and specimens of body fluids and their containers;
iii. waste human blood and products of blood, including serum, plasma, and other blood components and their containers;
iv. sharps that have been used in animal or human patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glassware and scalpel blades, blood vials, test tubes, needles with attached tubing, and such unused sharps that have been discarded;
v. contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals;
vi. wastes from surgery or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves;
vii. laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats and aprons;
viii. dialysis wastes that were in contact with the blood of patients undergoing hemodialysis or renal dialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons and laboratory coats;
ix. biological waste and discarded materials contaminated with blood, excretion, exudates or secretion from human beings or animals who are isolated to protect others from highly communicable diseases;
x. any other waste material designated by the administrator of the United States environmental protection agency as a regulated medical waste under the provisions of the medical waste tracking act of 1988, 42 U.S.C. § 6992, et seq., and the regulations promulgated pursuant thereto; and
xi. any other waste material included in the list of regulated medical wastes established in regulations promulgated by the state commissioner of environmental conservation pursuant to section 27-1502 of the environmental conservation law. For purposes of this paragraph, "infectious agents" shall be limited to those organisms that cause disease or an adverse health impact to humans.
2. Laboratory waste means all matter that is discarded from clinical, pathological or research laboratory areas at which activities are required to be conducted or supervised by persons licensed by the city or state to provide health, medical, pharmaceutical or laboratory services.
3. Other medical waste means laboratory waste and surgical waste as defined in paragraphs two and six of this subdivision.
4. Person means any individual, partnership, company, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof, provided that person shall not mean any individual who generates regulated household waste, and provided further that where a person authorized by law to transport regulated medical waste transports waste pursuant to an agreement with a generator of regulated medical waste or other medical waste, such person shall not be considered an agent of such generator for purposes of this paragraph.
5. Regulated household waste means any item that may cause punctures or cuts that is used in the administration of medication and is disposed of with residential solid waste, including but not limited to intravenous tubing and syringes with needles attached. Regulated household waste shall not include such items generated by persons licensed by the city or state to provide health, medical, pharmaceutical or laboratory services at facilities where such services are performed, but shall include any such items generated in the course of home health care.
6. Surgical waste means all materials discarded from surgical procedures and includes, but is not limited to, disposable gowns, shoe covers, masks, headcovers, gloves and sponges.
c. No solid waste of any person required to be licensed by the city or state to provide health, medical, pharmaceutical or laboratory services shall be collected or received by the department for disposal unless such person has executed a certification that to the best of his or her knowledge or belief such waste does not contain any material for which such disposal is unlawful.
d. The commissioner in conjunction with the commissioner of health and mental hygiene shall promulgate and implement regulations, consistent with the laws of this state, governing the safe disposal of regulated household waste. Any violation of such regulations shall be punishable only by a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars.
e. Any person who generates any quantity of regulated medical waste shall file with the commissioner a copy of any annual reports or additional reports required to be submitted by such person to the commissioner of environmental conservation pursuant to paragraph d of subdivision one of section 27-1510 of the environmental conservation law or paragraph (d) of subdivision two of section 1389-bb of the public health law. Such reports shall be filed with the commissioner within fifteen days of submission to the commissioner of environmental conservation.
f. Any person who generates regulated medical waste or other medical waste shall file with the department a "solid waste removal plan." Such plan shall include at a minimum:
1. the name, address and telephone number of the person or facility generating such waste;
2. the name, address, telephone number and permit number(s) of the transporter of such waste;
3. the name, address and telephone number of the disposal site(s) for such waste;
4. an estimate of the quantity of such waste produced and disposed of monthly; and
5. any other information required by regulation of the commissioner or the commissioner of health and mental hygiene. An amended plan shall be filed within fifteen days of the time when any information in a plan that is filed with the department changes, or when the commissioner or the commissioner of health requires by regulation additional information.
g. The commissioner of sanitation or health and mental hygiene or an authorized agent of such commissioner may enter upon public or private property for the purpose of conducting inspections or investigations necessary for the exercise of the powers or the performance of the duties of such commissioners pursuant to this section, including the inspection of documents or records relating to the storage, treatment, transportation or disposal of regulated medical waste or other medical waste required to be maintained by local, state or federal law, provided that such commissioner or agent may not inspect records containing medical information privileged under the laws of this state without all authorizations required by such laws, and that such commissioner or agent shall make reasonable efforts not to interfere with patient care activities. Such entry may be made without a warrant during regular and usual business hours upon property used for nonresidential purposes, including but not limited to the provision of health, medical, pharmaceutical or laboratory services, provided that such use is related to the generation, storage or disposal of regulated medical waste, or at other times upon such property in response to any immediate threat to the health or safety of one or more individuals, or of the public, that arises from the generation, storage or disposal of regulated medical waste upon such property. Warrantless inspection or investigation pursuant to this subdivision shall extend only to: (i) waste storage areas; (ii) documents or records relating to storage, treatment, transportation or disposal of regulated medical waste, including documents or records required to be maintained by local, state or federal law; (iii) bags and containers for the disposal of regulated medical waste; (iv) documents or records identifying the number and origin of specimens of human tissues, organs and fluids that constitute regulated medical waste, other than records containing medical information privileged under the laws of this state; and (v) any other inspection or investigation necessary to respond to an immediate threat to the health or safety of one or more individuals, or of the public, arising from generation, storage or disposal of regulated medical waste upon such property. Refusal to permit entry pursuant to this subdivision, where the commissioner of sanitation or health and mental hygiene or an authorized agent of such commissioner has obtained a warrant for such entry or is authorized by this subdivision to inspect or investigate without a warrant, shall be a misdemeanor punishable by not more than thirty days imprisonment, or by a fine of not more than one hundred dollars or both.
h. 1. In addition to any other enforcement procedures authorized by law, the commissioner, with the written approval of the commissioner of health and mental hygiene, shall be authorized to order in writing that premises on which activity in violation of this section is occurring be closed if the commissioner finds that continuing activity on such premises would result in generation, storage or disposal of regulated medical waste or other medical waste in a manner posing an imminent threat to the public health or safety, provided that no facility licensed, permitted or certificated pursuant to article twenty-eight of the public health law or part thereof or facility providing inpatient services or part thereof may be closed pursuant to this subdivision. Such premises may be opened at any time by any person otherwise lawfully entitled to enter such premises in response to an immediate threat to the health or safety of one or more individuals, or of the public. For the purpose of this subdivision, the determination whether an imminent threat to the public health or safety exists shall be based on factors that include but are not limited to: (i) the quantity of regulated medical waste, the generation, storage or disposal of which is in violation of this section; (ii) the types of such regulated medical waste; and (iii) the risk of harm to the public or the environment.
2. Issuance of an order pursuant to this subdivision may occur prior to a hearing and determination whether a violation of the provisions of this section has occurred and whether there exists an imminent threat to the public health or safety, or during such hearing, or up to two business days after the conclusion of such hearing, provided that: (i) where such issuance occurs prior to such hearing and determination, such hearing shall be held within two business days of such issuance and such determination shall be rendered within twenty-four hours of the conclusion of such hearing; (ii) where such issuance occurs during such hearing, such determination shall be rendered within twenty-four hours of the conclusion of such hearing; and (iii) where such issuance occurs after the conclusion of such hearing but prior to such determination, such determination shall be made within twenty-four hours of such issuance. Any order issued pursuant to this subdivision may continue in effect after a finding of violation and imminent threat until the commissioner permits such premises to be opened pursuant to paragraph five of this subdivision.
3. Orders of the commissioner issued pursuant to this subdivision shall be posted at the premises on which the activity in violation of this subdivision has occurred.
4. Immediately upon the posting of an order issued pursuant to this subdivision, officers and employees of the department and officers of the New York city police department shall be authorized to act upon and enforce such order.
5. Where premises have been closed by order of the commissioner issued pursuant to this subdivision, the owner or lessee of such premises, or the authorized agent thereof, may at any time submit to the commissioner: (i) a written affirmation that such owner or lessee is in compliance with the provisions of this section and will maintain such compliance; and (ii) where such premises are used in the generation of waste for transport of which a legally authorized regulated medical waste transporter is required by law, proof of legal authorization to transport such waste or proof of agreement with a legally authorized regulated medical waste transporter to have such waste transported, or proof that such waste is lawfully treated on such premises so as not to require such authorization or agreement. Upon receipt of such affirmation and proof, the commissioner shall within one business day either permit such premises to be opened or issue a written determination that such owner or lessee is not in compliance with or has not instituted procedures sufficient to remain in compliance with the provisions of this section, or that such proof of legal authorization or agreement is insufficient.
6. It shall be a misdemeanor for any person or other individual to open or cause to be opened any premises closed in accordance with an order of the commissioner, except in response to an immediate threat to the health or safety of one or more individuals, or of the public.
i. 1. For the purpose of this subdivision, the following terms shall have the following meanings:
i. "Abandonment" means the intentional relinquishment or forsaking of all possession or control of any substance.
ii. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment, or the abandonment of any substance.
iii. "Environment" means any water, water vapor, any land including land surface or subsurface air, fish, wildlife, biota and all other natural resources.
iv. "Intentionally, knowingly, recklessly and criminal negligence" shall have the same meanings as defined in section 15.05 of the penal law.
2. i. Any person who violates any provisions of this section other than subdivision d shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars per day of violation, or by imprisonment for a term of not more than fifteen days, or by both such fine and imprisonment.
ii. Any person who intentionally, knowingly or recklessly violates any provisions of this section other than subdivision d shall be guilty of a misdemeanor, and upon conviction thereof, shall for a first conviction be punished by a fine not to exceed fifteen thousand dollars per day of violation or by imprisonment for a term of not more than ninety days, or both such fine and imprisonment. If the conviction is for an offense committed after a first conviction of such person under this subparagraph, within the preceding five years, punishment shall be by a fine not to exceed fifty thousand dollars per day of violation, or by imprisonment for not more than one year or by both such fine and imprisonment.
3. Any person who with criminal negligence engages in conduct in violation of this section other than subdivision d which causes the release to the environment of regulated medical waste shall be guilty of a misdemeanor punishable by a fine of not more than fifteen thousand dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment.
4. Any person who recklessly or knowingly engages in conduct in violation of this section other than subdivision d which causes the release to the environment of regulated medical waste shall be guilty of a misdemeanor punishable by a fine of not more than fifty thousand dollars or by imprisonment for not more than one year or both such fine and imprisonment.
5. In addition to any other penalties provided under paragraph one of this subdivision or any other provisions of law, any violation of the provisions of this section other than subdivision d shall be punishable by a civil penalty of not less than twenty-five hundred dollars nor more than ten thousand dollars for the first violation, not less than five thousand dollars nor more than ten thousand dollars for the second violation, and ten thousand dollars for the third and any subsequent violation. Civil penalties shall be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. For the purposes of this paragraph, each bag or container of solid waste with a capacity of not larger than one cubic yard shall constitute a separate violation of this section.
6. Notwithstanding paragraphs one, two, three, four and five of this subdivision, failure to file an annual or additional report pursuant to subdivision e of this section or failure to file a solid waste removal plan or an amended plan pursuant to subdivision f of this section shall be punishable only by a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars if such report or plan is filed within thirty days of the filing deadlines set forth in such subdivisions.
7. Any affirmative defense available under title forty-four of article twenty-seven of the environmental conservation law shall be available in any prosecution or proceeding pursuant to this section that alleges a violation of title fifteen of article twenty-seven of the environmental conservation law or any rules or regulations promulgated pursuant thereto.
j. The commissioner shall promulgate and implement regulations providing that where an individual furnishes information that, in the opinion of the commissioner, results in a conviction or the imposition of a fine or civil penalty for a violation of any provision of this section, the commissioner shall offer as a reward to said individual, out of unexpended appropriations therefor:
i. fifty percent of any fine or penalty collected; or
ii. five hundred dollars when a prison sentence but no fine or civil penalty is imposed.
k. The commissioner shall suspend the use of the city's solid waste disposal system by any person licensed by the city or state to provide health, medical, pharmaceutical or laboratory services upon whom a notice of violation of this section has been served pending a hearing on and a finding as to liability for the violation. Such hearing shall be held within two business days after such suspension and a finding as to liability for the violation shall be made within twenty-four hours of the conclusion of such hearing. If a violation has been found, the commissioner shall continue such suspension for, in the case of a first occurrence, not less than one week, in the case of a second occurrence, committed within an eighteen month period, not less than one month and, in the case of a third and each subsequent occurrence, committed within an eighteen month period, not less than three months. In calculating such eighteen month period any period of suspension shall be excluded. For purposes of this subdivision any solid waste introduced into the solid waste disposal system of the city under one certification executed pursuant to subdivision c of this section shall constitute an occurrence.
l. In addition to the department, the department of health and mental hygiene shall enforce the provisions of this section, other than subdivisions h, j, and k of this section. This section shall not be construed to restrict in any manner the regulatory or enforcement authority conferred upon any agency of the city by any other provision of state or local law.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076.