New York
Regulated Medical Waste
Which waste stream?
In this section, you will find information that will help you determine how various types of healthcare facility waste are classified in New York State.
Waste Categories
New York State classifies the waste typically generated by health care facilities into three main categories:
- Hazardous wastes. This refers to a class of wastes specifically defined in a federal law (the Resource Conservation and Recovery Act, or RCRA). These wastes contain certain toxic chemicals or have certain characteristics that cause them to be a significant risk to the environment and/or human health. In New York State, hazardous waste regulations are enforced by the New York Department of Environmental Conservation (DEC). Click here for hazardous waste information
- Regulated medical wastes (RMW). These wastes do not fall into the “hazardous waste” category as defined by RCRA, but they present health risks such as the potential for infectious disease transmission, and special rules apply to them. In New York State, RMW is defined in general as “any waste which 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 …” However, if a waste has been designated as a “hazardous waste” by the DEC, the hazardous waste rules apply. (Refer to the regulation for details).
It is important that you categorize your facility’s waste accurately. Hazardous waste disposed of as regulated medical waste or municipal solid waste, or regulated medical waste disposed of as municipal solid waste are violations of the law and can result in substantial penalties. Conversely, municipal solid waste disposed of as regulated medical waste or hazardous waste, or regulated medical waste disposed of as hazardous waste will unnecessarily increase the cost of disposal. Use the guidance and references below to accurately categorize your wastes. For additional help, see Contacts below.
Definition of Regulated Medical Waste
There are five categories of regulated medical wastes in New York:
- Cultures and stocks of infectious agents
- Human pathological wastes
- Human blood and blood products
In addition to these five categories, the Commissioner of Health may designate specific items as RMW. For the complete definition of regulated medical waste see Statutes, regulations and guidelines below.
Managing Regulated Medical Wastes
In this section, you will find the key rules that apply to the management of the Regulated Medical Waste (RMW) stream inside your facility.
Registration, Permits
Generators of regulated medical waste are not required to register with the state of New York and no RMW generator permits are required by the state of New York. Facilities that want to perform on-site treatment of RMW must submit a plan to DEC (see on-site treatment requirements above).
Storage
- RMW must be kept separate from other wastes in an area that is designated and clearly labeled with the universal warning sign or the word “biohazard.” The storage area must be ventilated and located to minimize exposure to the public and is accessible only to authorized personnel.
- There are no maximum time limits for storage of RMW and no approval is required for this activity. The waste must be maintained in a nonputrescent state, using refrigeration, when necessary.
- Containers for RWM must be prominently marked with the universal warning sign or the word “biohazard.”
Training Requirements
All employees involved with the on-site management of RMW must be trained in accordance with the requirements of the OSHA Exposure to Bloodborne Pathogens regulations .
Recordkeeping and Reporting
Generators must maintain records of the quantity of regulated medical waste generated, and the disposition of those wastes. An annual report must be submitted to the Commissioner of Environmental Conservation indicating the quantity of regulated medical waste and its disposition. A copy of each report to the Commissioner of Environmental Conservation must be submitted to the Commissioner of Health.
Treatment and Disposal of Regulated Medical Waste
In this section, you will find information on the proper final disposition of the Regulated Medical Waste (RMW) stream, including RMW sent off-site and RMW treated on-site.
Off-Site Transport/Disposal
- The generator is responsible for properly packaging and labeling RWM for off-site transport and for completing a Medical Waste Tracking Form (MWTF). For transport off-site, untreated RMW must be placed in impermeable red plastic bags and labeled with the universal warning sign or the word “biohazard.” Each bag containing untreated RMW must be labeled and placed in a secondary rigid type container before off-site transport. The rigid containers may be of any color, but must be leak proof and labeled with the universal warning sign or the word “biohazard.” Sharps must be packaged in rigid, puncture and break resistance, and leak proof containers labeled with the universal warning sign or the word “biohazard.” These sharps containers must also be labeled and placed in a secondary rigid type container before off-site transport.
- Each primary container (red bag), sharps or fluid container destined for off-site treatment and disposal must include the generator facility name and address. Each secondary container must include the generator facility name and address, the transporter’s name and permit number, the date of shipment and identification of the RMW contents (e.g., sharps, chemotherapeutic waste, pathological waste), and include the universal warning sign or the word “biohazard.” In addition, a MWTF is also required.
- Containers of RMW must not be compacted and must remain intact until transfer or disposal.
- Containers contaminated with spilled or leaked RMW must be repackaged before transport.
- If RMW is mixed with hazardous or radioactive waste it must be managed as hazardous or radioactive waste.
On-site Treatment Requirements
- Before treating RMW on-site, a facility must develop an operational plan that contains specific elements (e.g., type of waste, methods of segregation, training schedule, storage/containment procedures, treatment methods, disposal method, and emergency/contingency plan). The plan must be submitted to a local DEC office and the DEC Division of Solid & Hazardous Materials, for approval.
- Treatment or disposal of RWM must be done by autoclaving or other techniques approved by the Department of Public Health to render the waste noninfectious. A list of approved treatment technologies is available by calling 518-485-5378.
- Properly treated RMW should be disposed of as solid waste , provided it does not meet the definition of hazardous waste and is accompanied by a certificate, which evidences such treatment. All sharps must be rendered unrecognizable prior to disposal (i.e., sharps that are merely treated are still considered RMW and cannot be disposed of in a landfill).
- Properly treated RMW from facilities with approved treatment processes may mix the treated RMW with other solid waste if a certificate of treatment form accompanies the waste to the authorized disposal facility.
More
Information
In
this section, you will find links to points of contacts
at the New York State agencies responsible for regulating
healthcare facility waste, links to the text of the regulations,
and additional resources that you might find of interest
on this topic.
Contacts
New
York State Department of Environmental Conservation
Contact
NYDEC for questions regarding waste categorization, storage
and disposal.
New York State Department of Health. Contact NYDOH
for questions regarding definitions of regulated medical
waste,
on-site treatment and disposal strategies (see bottom of
NYDOH for points of contact).
Statutes,
Regulations and Guidelines
Management of Regulated Medical Waste. . (To access Part 70 from this
link, select “Search Title”, enter “Part
70” in the search box, and select &”Part 70 -
Regulated Medical Waste” to reach the desired contents
page.)
OSHA
Regulations
In addition to
the state medical waste environmental regulations there are
some Occupational Safety and Health Administration (OSHA)
rules that apply to medical/infectious waste. New York is
one of 24 states operating an approved occupational safety
and health program. However, the New York program only covers
the workplace safety and health of public sector employees
only. Private sector employees in
New York are covered by Federal
OSHA. OSHA state and federal rules (Occupational
Exposure to Bloodborne Pathogens Standards) impact various
aspects of medical/infectious waste, including management
of sharps, requirements for containers that hold or store
medical/infectious waste, labeling of medical/infectious
waste
bags/containers, and employee training. These requirements
can be found in the HERC section entitled OSHA Standards for Regulated Waste
Additional
Resources
Managing
Regulated Medical Waste
Regulated
medical waste information provided by the New York
Department of Health. Includes details on definitions
of regulated medical wastes, management guidelines
and disposal options.
Regulated
Medical Waste
Regulated
medical waste information provided by the New York
Department of Environmental Conservation. Includes
links to various guidance documents covering RMA storage
and disposal.
Guidance
for Regulated Medical Waste Treatment, Storage,
Containment, Transport and Disposal
DEC
guidance for regulated medical waste treatment, storage,
containment, transport and disposal.
Pollution
Prevention Information for Health Care Facilities
This
page contains links to information for all types of
health care facilities including hospitals, nursing
homes, outpatient clinics, dentists, and private physician
offices. Through these links, you can learn how
to comply with environmental regulations, apply pollution
prevention techniques to achieve better environmental
performance at lower cost, and receive technical help
if you need it.
Environmental
Self-Assessment for Health Care Facilities – A Quick
and Easy Checklist of Pollution Prevention Measures
for Health Care Facilities
The
purpose of this manual is to assist New York State
Health Care Facilities in the development of an effective
pollution prevention program or improve programs which
may already be in place. Implementing an effective
pollution prevention program requires a continuous
commitment by a wide range of health care personnel.
Technical
Administration Guidance Memorandum—Disposal of Regulated
Medical Waste Sharps
The
purpose of this document is to provide guidance on
the methods for proper disposal of regulated medical
waste (RMW) which contains hypodermic syringes with
the needle attached, medical needles, scalpel blades,
blood vials, disposable hypodermic units and broken
or unbroken glassware in contact with infectious agents
(i.e., sharps).
Medical Waste tracking Form
Use
this form for shipping RMW off-site.
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