Chapter 8.62
INFECTIOUS WASTE MANAGEMENT
Sections:
8.62.010 Authority and purpose.
8.62.040 Infectious waste segregation requirements for generators.
8.62.050 Requirements and standards for transporters.
8.62.060 Requirements and standards for storage/treatment facilities.
8.62.070 Infectious waste disposal requirements.
8.62.100 Administration and enforcement.
8.62.010 Authority and purpose.
These sections are promulgated under the authority of RCW 70.40.060 and 70.05.060 to protect public health and the environment, and prevent the spread of dangerous, contagious, or infectious diseases. The purposes of these sections are to:
A. Designate conditions under these regulations that shall apply; and
B. Designate those infectious wastes which are potentially dangerous to the public health and environment; and
C. Comply with infectious waste recommendations outlined in Okanogan County’s solid waste management plans; and
D. Establish the operating requirements for infectious waste generators, collectors, transporters and storage facilities; and
E. Provide for surveillance and monitoring of infectious wastes until they are rendered noninfectious and/or disposed of properly. (Ord. 2002-7 § 1 (Exh. A § 1), 2002).
8.62.020 Definitions.
When used in these sections, the following terms shall have the meanings given below:
A. “Board of health” means the Okanogan County health district.
B. “Collection” means the removal and transportation of infectious waste from a generator, transfer station, or pickup station.
C. “Container” means any device in which a material is stored, transported, treated, disposed of, or otherwise handled.
D. “Contamination” means the degradation of air, or soil quality either directly or indirectly as a result of human activity, or the transfer of disease organism from one material or object to another.
E. “Decontamination” means the use of physical or chemical means to remove or destroy blood-borne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.
F. “Department” means the Okanogan County health district.
G. “Facility” means any place where infectious waste activity occurs, as defined by these sections.
H. “Generator” means any person whose act or process produces infectious waste as defined in these sections, or whose act or process first causes an infectious waste to become subject to regulation. In the case where more than one person (e.g., doctors with separate medical practices) is located in the same building, each individual business entity is a separate generator for the purpose of these sections.
I. “Handling” means direct physical management of infectious waste.
J. “Health officer” means the appointed official representative of the Okanogan County health district.
K. “Incineration” means a processing method using an engineering apparatus capable of withstanding heat and having as its purpose the efficient thermal oxidation and/or conversion of combustible material into noncombustible residues (e.g., ash) and product gases.
L. “Infectious agent” means a type of microorganism, helminth, or virus that causes, or significantly contributes to the cause of, increased morbidity or mortality of human beings or animals.
M. “Infectious waste” means waste capable of causing an infectious disease via exposure to a pathogenic organism of sufficient virulence and dosage through a portal of entry in a susceptible host. Infectious waste includes and is limited to the following types of waste:
1. “Animal waste” is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.
2. “Biosafety Level 4 disease waste” means materials contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to Biosafety Level 4 by the Centers for Disease Control, National Institute of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition.
3. “Cultures and stocks” are wastes infectious to humans and include specimen cultures, cultures and stocks of entiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of entiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.
4. “Human blood and blood products” is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.
5. “Pathological waste” is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. “Pathological waste” does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.
6. “Sharps waste” is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
N. “Infectious waste management plan” means written and implemented policies and procedures for the safe handling of infectious waste throughout the entire process of generation, segregation, packaging, storage, collection, transportation, treatment, and disposal.
O. “Landfill” means a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a treatment facility, surface impoundment, or injection well.
P. “Nonharmful” means unable to inflict harm or injury to persons or the environment.
Q. “Off-site” means a facility which receives infectious waste for storage, treatment and/or disposal when that waste has not been generated at that facility.
R. “Operator” means a person who operates a facility or part of a facility.
S. “Pathogen” means a biological agent that causes disease.
T. “Person” means an individual, trust, firm, joint stock company, corporation, partnership, association, state, county, commission, political subdivision of a state, an interstate body, or the federal government or an agency of the federal government.
U. “Personnel” means all persons who work at or oversee the operations of a facility or part of a facility involved in infectious waste activity.
V. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
W. “Steam sterilization” means a treatment method for infectious waste, utilizing saturated steam within a pressure vessel (known as a steam sterilizer, autoclave, or retort) at time lengths and temperatures sufficient to kill infectious agents within the waste.
X. “Storage” means the containment of infectious waste for such time as may be allowed by these sections in such a manner as not to constitute landfilling of infectious waste.
Y. “Storage facility” means a facility authorized and permitted to store infectious waste.
Z. “Transporter” means any person who transports infectious waste over the highways.
AA. “Treatment” includes incineration, steam sterilization, or any method, technique, or process approved by the department designed to change the biological character or composition of infectious waste to render it noninfectious.
BB. “Vehicle” means any motor vehicle, rail car, water craft, trailer, or motorized or nonmotorized cargo-carrying body used for the movement of infectious waste. (Ord. 2002-7 § 1 (Exh. A § 2), 2002).
8.62.030 Applicability.
The requirements of this regulation shall apply when one or more of the following conditions exist:
A. The disposal site to which the solid waste is to be disposed requires segregation of infectious waste prior to delivery.
B. The transfer station or disposal site requires additional handling or hand sorting of solid waste, thus increasing the risk of worker exposure to infectious waste. (Ord. 2002-7 § 1 (Exh. A § 3), 2002).
8.62.040 Infectious waste segregation requirements for generators.
Under no circumstances shall infectious waste generated from within Okanogan County be mixed or placed with other solid waste for storage or transfer when said solid waste is destined for treatment and/or disposal in a facility requiring segregation of infectious waste.
A. Infectious waste generated or received in Okanogan County shall not be mixed or placed with other solid waste for storage or transfer when such solid waste is destined for treatment and/or disposal in a facility requiring segregation of infectious waste.
B. Infectious waste shall be segregated from other solid waste at the point of origin in the generating facility and managed by persons trained in the safe handling of infectious waste.
C. Infectious waste with multiple hazards (e.g., toxic, radioactive, or other hazardous chemicals) shall be segregated from the general infectious waste stream when additional or alternative treatment is required, or in cases where the wastes are regulated under state or federal authority.
D. Containment of infectious waste shall be in a manner and at a location which affords protection from animals and the weather and does not provide a breeding place or a food source for insects, rodents or birds.
E. Sharps shall be contained for storage, transportation, treatment, and disposal in leak-proof, rigid, puncture-resistant containers which are taped closed or tightly lidded to preclude content loss.
F. Infectious waste, except for sharps, shall be contained in red or orange colored disposable plastic bags and/or secondary containers with visible Bio-Hazard labels, which are impervious to moisture and have strength sufficient to preclude ripping, tearing, or bursting under normal conditions of usage and of handling. The bag shall be securely tied or taped so as to prevent leakage or expulsion of solid or liquid wastes during storage, handling, or transport.
G. Infectious waste generated within Okanogan County destined for treatment and/or disposal in a facility requiring segregation from regular solid wastes shall not be compacted prior to or during transport unless wastes have been rendered noninfectious by methods described in these sections and without prior approval from the Okanogan County health district.
H. Neither sharps nor sharps containers may be compacted. (Ord. 2002-7 § 1 (Exh. A § 4), 2002).
8.62.050 Requirements and standards for transporters.
A. Authority to Transport. Infectious waste shall only be transported or received for transport by persons possessing all required local, state and federal authority and/or permits.
B. Receipt and Transfer of Infectious Waste to Off-Site Facilities.
1. Infectious waste transporters shall not knowingly accept infectious waste from a facility that has not followed all procedures outlined in OCC 8.62.040. Infectious waste transporters shall not be required to accept infectious wastes from a facility that has not followed all procedures outlined in OCC 8.62.040.
2. Infectious waste shall be transported to an off-site facility in a leak-proof, fully enclosed container or vehicle compartment.
3. Infectious waste shall not be transported in the same container or vehicle compartment with other solid wastes without prior approval from the Okanogan County health district.
4. Infectious waste shall be contained at a solid waste storage or treatment facility or other facility where the infectious waste shall be kept in a secured area separate from other solid wastes.
5. Infectious waste shall be delivered for treatment or disposal only to a facility that meets all federal, state and local requirements for infectious waste handling.
6. Persons manually loading or unloading containers of infectious waste to or from transport vehicles shall be provided by their employer, and required to wear, when appropriate, gloves that are impermeable to liquids, clean protective clothing, face shields, and respirators, to provide protection to employees against exposure to infectious waste.
7. Surface areas of equipment used to transport infectious waste must be clean and impermeable to liquids. Porous floor coverings shall not be used. Vermin and insects shall be controlled. Surfaces of transport vehicles that have contacted spilled or leaked infectious waste shall be decontaminated by procedures as described in these sections. All drainage shall discharge directly to or through a holding tank to a permitted sanitary sewer system only after receiving discharge approval from the permitting agency.
8. Transporters of infectious waste shall notify Okanogan County Landfill at (509) 422-2606. A 24-hour lead time is required before waste may be disposed of at the landfill.
C. Management of Infectious Waste Spills.
1. In the event of a spill of infectious waste, spilled waste must be immediately removed according to procedures listed in these sections using spill containment and cleanup equipment and materials to effect decontamination.
2. The approved method of decontamination is agitation to remove visible soil combined with one of the following procedures:
a. Exposure to hot water of at least 82 degrees centigrade (180 degrees Fahrenheit) for a minimum of 15 seconds;
b. Exposure to a chemical of hospital grade disinfectant effective against mycobacteria and viruses by rinsing or immersion as directed by the manufacturer;
c. Other methods approved in writing in advance by Okanogan County health district.
3. All spills must be reported by transportation personnel to their employer, and records of spills must be kept for three years. Any spill that has a volume greater than 70 liters (32 gallons) of solid waste or one liter (one-half gallon) of liquid waste must be reported to the health department immediately by a phone call describing the spill, and efforts must be taken to minimize the potential for additional spills within 48 hours after the spill.
D. Compaction of Infectious Waste. Infectious waste generated within Okanogan County destined for treatment and/or disposal in a facility requiring segregation from other solid wastes shall not be compacted prior to or during transport unless wastes have been rendered noninfectious by methods described in these sections without prior approval from the Okanogan County health district. Under no circumstances shall sharps or sharps containers be compacted. (Ord. 2002-7 § 1 (Exh. A § 5), 2002).
8.62.060 Requirements and standards for storage/treatment facilities.
A. Applicability. The requirements of this section shall apply to all infectious waste storage and treatment facilities.
B. Infectious Waste Management Plan. The owner and/or operator of any infectious waste storage and/or treatment facility shall have and adhere to an infectious waste management plan which shall include but not be limited to the following requirements:
1. A method of receiving wastes which ensures that infectious wastes are handled separately from other solid wastes until treatment is accomplished and which prevents unauthorized persons from having access to or contact with the wastes.
2. A method of unloading and processing infectious wastes which limits the number of persons handling the wastes and minimizes the possibility of exposure of employees and public to infectious waste.
3. A method of decontaminating, by use of procedures described in these sections, emptied reusable infectious waste containers, transport vehicles, and facility equipment contaminated with infectious waste.
4. The provision and required use of clean gloves and uniforms, along with other protective clothing, such as face masks, respirators, or eye protection, as appropriate to provide protection to employees against exposure to infectious waste.
5. Decontamination of any person having bodily contact with infectious waste while handling the waste.
6. A contingency plan.
7. A quantification of the maximum amount of infectious waste to be stored, treated, or disposed of per month.
8. Storage shall be in a container that is secure, rodent proof, and lockable. (Ord. 2002-7 § 1 (Exh. A § 6), 2002).
8.62.070 Infectious waste disposal requirements.
A. Applicability. Solid waste collected in Okanogan County and destined for out of state disposal shall adhere to all applicable local, state and federal infectious waste disposal requirements of the state in which waste is destined. (Ord. 2002-7 § 1 (Exh. A § 7), 2002).
8.62.080 Administration and enforcement.
Repealed by Ord. 2006-7. (Ord. 2002-7 § 1 (Exh. A § 8), 2002).
8.62.090 Penalties.
Repealed by Ord. 2006-7. (Ord. 2002-7 § 1 (Exh. A § 9), 2002).
8.62.100 Administration and enforcement.
A. Enforcement of this chapter may be by any law enforcement officer, fire department, HAZMAT response official, or jurisdictional health officer. All such enforcement officers are empowered to issue citations and/or notice of violation to persons violating the provisions of this chapter. Nothing in this chapter prohibits citizen’s complaint or arrests as may be otherwise permitted under applicable state regulations, state statute, and ordinance or court rule.
B. The citations and/or notice of violation shall contain:
1. A description of the location where the violation occurred;
2. A statement identifying the generator who has committed the violation of this chapter with a brief and concise description of the conditions found to be in violation;
3. A statement specifying the amount of any civil penalty assessed on account of the violation;
4. Statement advising that if any assessed civil penalty is not paid, the generator’s privileges at all Okanogan County disposal facilities may be suspended until the penalty is paid;
5. A statement advising that the order shall become final unless, no later than 14 days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the board of health. (Ord. 2007-1, 2007; Ord. 2006-7 § 2, 2006).
8.62.110 Penalties.
A. Enforcement. All violations of this chapter are determined to be detrimental to the public health, safety and welfare and are hereby declared to be public nuisances.
B. Any generator who violates or fails to comply with any of the provisions of this chapter shall be subject to the following penalties:
1. For a first violation, the generator shall pay a $150.00 civil penalty; attend a mandatory biomedical waste training course designated through the Okanogan County public health district; and submit a biomedical waste management plan to the Okanogan County public health district within 30 days of being issued a citation and/or notice of violation. In addition to the civil penalty, the generator shall also be responsible for the cost of reviewing the biomedical waste management plan at a rate of not less than $65.00 per hour; and shall reimburse the county for all mitigation, cleanup, and decontamination costs resulting from the violation at a rate of not less than $185.86 per hour.
2. For a second violation within one calendar year, the violator shall pay a $1,000 civil penalty. In addition to the civil penalty, the generator shall reimburse the Okanogan County public health district at a rate of $65.00 per hour, and the county for all mitigation, cleanup, and decontamination costs resulting from the violation at a rate of not less than $185.86 per hour.
3. For a third violation within one calendar year, the generator shall pay a $4,000 civil penalty. In addition to the civil penalty, the generator shall reimburse the Okanogan County public health district at a rate of $65.00 per hour, and county for all mitigation, cleanup, and decontamination costs resulting from the violation at a rate of not less than $185.86 per hour.
4. For a fourth or any subsequent violation within one calendar year, the generator shall pay a $10,000 civil penalty and shall lose any and all waste disposal privileges at Okanogan County landfills for a period of six months. In addition to the civil penalty, the generator shall reimburse the Okanogan County public health district at a rate of $65.00 per hour, and county for all mitigation, cleanup, and decontamination costs resulting from the violation at a rate of not less than $185.86 per hour.
5. A generator, whose waste disposal privileges have been suspended, may apply in writing for probationary reinstatement of waste disposal privileges to the Okanogan County public health district. The generator’s waste disposal at Okanogan County landfills shall be subject to monitoring by the Okanogan County public health district during the probationary period and the generator shall pay all cost of monitoring at a rate of not less than $65.00 per hour.
6. Generator’s waste disposal privileges shall not be reinstated under subsection (B)(4) or (5) of this section until the violator has paid in full all outstanding penalties and costs.
7. Any generator who fails to pay in full any assessed penalties and/or costs within 30 days of being issued a citation and/or notice of violation shall have its waste disposal privileges at Okanogan County landfills suspended until such time as payment is made in full.
8. Cost for decontamination of landfill equipment and/or site will be borne by violator at a minimum rate of $185.86 per hour. (Ord. 2007-1, 2007; Ord. 2006-7 § 2, 2006).
8.62.120 Appeal.
A. The citation and/or notice for a violation of this chapter shall become final unless, no later than 14 days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the board of health. The request shall cite the citation and/or notice appealed from, and contain a brief statement of the reasons for seeking the appeal hearing.
B. Such appeal hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appealing party, to the Okanogan County public health district and to other interested persons who have requested in writing that they be so notified. The Okanogan County public health district may submit a report and other evidence indicating the basis for the citation and/or notice.
C. Each party shall have the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. To impeach any witness regardless of which party first called him to testify;
5. To rebut evidence against him;
6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so;
7. Following review of the evidence submitted, the board of health shall make written findings and conclusions and shall affirm or modify the citation and/or notice previously issued if it finds that a violation has occurred. The board shall reverse the order if it finds that no violation occurred. The written decision of the board shall be mailed by certified mail, postage prepaid, return receipt requested to all the parties.
D. An order which is subjected to the appeal procedure shall become final 20 days after mailing of the board of health’s decision unless within that time period an aggrieved person initiates review by writ of certiorari in Okanogan County superior court.
E. Enforcement of Final Order. If, after any order duly issued by the director has become final, the person to whom such order is directed fails to pay the civil penalty assessed under such order, the director may:
1. Institute any appropriate action to collect a civil penalty assessed under this chapter; and/or
2. Suspend dumping privileges at all Okanogan County disposal facilities. (Ord. 2006-7 § 2, 2006).