260.203. Infectious waste, treatment of--hospitals, department of health and senior services to promulgate rules--transportation of--registration of hospitals--proper disposal, penalty--fee on deliver
Infectious waste, treatment of--hospitals, department of health andsenior services to promulgate rules--transportationof--registration of hospitals--proper disposal, penalty--feeon delivery, exceptions--inspectionfee, amount, fund, refund of, when.
260.203. 1. Any infectious waste transferred from the premises of thegenerator shall be taken to an infectious waste processing facility that holdsa valid permit issued by the department, or a hospital as defined in section197.020, RSMo.
2. No infectious waste shall be placed into a solid waste disposal areaexcept as otherwise provided for in sections 260.200 to 260.245 unless it hasbeen treated or rendered innocuous by a permitted infectious waste processingfacility as provided in sections 260.200 to 260.245, or by a hospital asdefined in section 197.020, RSMo, by autoclaving, incineration, chemicaldisinfection, or other methods of treatment approved by the department. Thedepartment of health and senior services shall promulgate rules covering thehandling and treatment of infectious waste by hospitals as defined in section197.020, RSMo, and such rules shall be consistent with the rules of thedepartment under sections 260.200 to 260.245, and shall be effective no laterthan January 1, 1989.
3. All such wastes, when transported off the premises of the generatorshall be packaged and transported as provided by rule under sections 260.200to 260.245, except that hospitals and small quantity generators as defined bythe department under this section may transport infectious waste to a hospitalfor treatment, an infectious waste processing facility for treatment or to acentral collection point using their employees and vehicles as long as theymeet all other requirements of sections 260.200 to 260.245 and the rules andregulations promulgated under sections 260.200 to 260.245.
4. The department of health and senior services shall provide for aregistration process for all hospitals pursuant to the provisions of sections260.200 to 260.245 and section 192.005, RSMo. The process shall include acompleted and signed application on forms provided by the department of healthand senior services. The forms shall contain the following:
(1) A statement certifying that the applicant understands and willcomply with the applicable requirements of sections 260.200 to 260.245; and
(2) Other requirements established by the department of health andsenior services.
5. Registrations shall be renewed annually.
6. Unless otherwise provided for in sections 260.200 to 260.245, anyperson who treats infectious waste to the specifications of the department ofnatural resources or the department of health and senior services, and whoproposes to dispose of the residue thereof in a sanitary landfill shallproperly identify the waste and shall certify to the transporter and thesanitary landfill operator that the waste has been rendered innocuous and maybe legally placed in a sanitary landfill pursuant to the provisions of thissection. Persons found to be in violation of this subsection shall be guiltyof a class A misdemeanor.
7. Facilities permitted to treat infectious waste shall adhere to anoperation plan for the handling and treatment of infectious waste approved bythe department of natural resources as provided by rule, and hospitals, asdefined in section 197.020, RSMo, allowed to treat infectious waste shalladhere to an operation plan for the handling and treatment of infectious wasteapproved by the department of health and senior services as provided by rule.The plan shall include, but not be limited to, methods of handling andtreating the waste, protection of employees and the public and the maximumamount of waste which may be handled per month. Approval for acceptance ofinfectious waste may be withdrawn for noncompliance with the operation plan.No permitted infectious waste treatment facility shall operate unless it has asolid waste technician trained in the handling of infectious waste on siteduring any treatment process. Such operator shall meet the requirementsestablished by the department pursuant to section 260.205.
8. Any transporter or generator who delivers infectious waste to aninfectious waste processing facility, except small quantity generators andhospitals located in Missouri and defined in section 197.020, RSMo, shall paya fee of two dollars for each ton of infectious waste so delivered. Such feesshall be collected by the infectious waste processing facility accepting thewaste and transmitted to the department. The department shall promptlytransmit funds collected under this section to the director of the departmentof revenue for deposit in the solid waste management fund. Moneys, uponappropriation, shall be used to help pay for the administrative costsassociated with infectious waste management. Any transporter or generator whotransports infectious waste for more than three hundred miles for managementin Missouri shall pay, in addition to the charges above, an additional chargeequal to ten percent of the gross charge charged by the processing facilityfor the management of such waste. Such fees shall be collected by theinfectious waste processing facility accepting the waste and transmitted tothe department which shall promptly transmit such fees to the department ofrevenue for deposit in the general revenue fund.
9. Hospitals defined in chapter 197, RSMo, and located in Missouri, maymanage infectious waste generated on the premises by autoclaving,incineration, chemical disinfection or other methods of treatment approved bythe department of health and senior services. Such hospitals may also treatinfectious waste produced by small quantity generators and other hospitalslocated in Missouri upon the approval of the department of natural resourcesand the department of health and senior services. Failure of eitherdepartment to respond by issuing a certification to accept infectious waste inwriting to a hospital which has filed in writing to both departments a noticeof intent to treat waste from another hospital within ninety days constitutesapproval of the treatment. All hospitals licensed by the state of Missouripursuant to chapter 197, RSMo, are exempt from all taxes or fees imposedpursuant to sections 260.350 to 260.480, provided that no more thantwenty-five percent, by weight, of the infectious waste managed by suchhospitals is produced by other generators which are not owned or operated bythe hospital.
10. Persons generating one hundred kilograms or less of infectious wasteper month are exempt from the provisions of this section except that thedepartment of health and senior services shall specify by rule, in accordancewith section 192.005, RSMo, infectious waste that shall be rendered innocuousregardless of quantity. Any person who disposes of waste exempt from theprovisions of this act* in a sanitary landfill shall certify to thetransporter or the sanitary landfill operator that the waste has been handledin a manner consistent with the law and may be legally placed in a sanitarylandfill. Rules promulgated by the department of natural resources and thedepartment of health and senior services pursuant to this subsection shall beeffective no later than July 1, 1989. Persons found to be in violation ofthis subsection shall be guilty of a class A misdemeanor.
11. A generator of infectious waste who operates single or multiple siteresearch facilities for research and experimental activities as defined insection 174 of the 1986 Internal Revenue Code, who generates such waste as apart of research and experimentation activities, and who manages such waste onsite, shall not be required to obtain an infectious waste processing facilitypermit under this section to manage infectious waste. The generator mayaccept infectious waste from other sites of the parent research companylocated in Missouri but shall not accept infectious waste from other sourcesand shall comply with all other requirements and provisions of sections260.200 to 260.245, and the rules and regulations promulgated thereunder. TheUniversity of Missouri Ellis Fischel Cancer Center and the other facilities ofthe University of Missouri-Columbia shall be considered a multiple siteresearch facility for the purposes of this section.
12. Nothing in this section shall prohibit the transportation ofinfectious or hazardous waste from the state of Missouri for management inanother state.
13. The department of natural resources shall establish, by rule,inspection fees to be paid to the department by owners or operators ofcommercial infectious waste incinerators. The fees shall not exceed the costsof the inspections and shall not exceed ten thousand dollars per year for afacility. Funds derived from these inspection fees shall be used for thepurpose of funding the inspection of commercial infectious waste incinerators.
14. All owners or operators of commercial infectious waste incineratorsshall pay the fees, established by the department by rule, for inspectionsconducted by the department pursuant to this section.
15. There is hereby created the "Infectious Waste Incinerator InspectionFund". All funds received from infectious waste incinerator inspection feesshall be paid to the director of the department of revenue and deposited inthe state treasury to the credit of the infectious waste incineratorinspection fund. Moneys from such fund shall be used by the department ofnatural resources for conducting inspections at commercial infectious wasteincinerators.
16. The department shall furnish to the person, firm or corporationoperating the commercial infectious waste facility a complete, full anddetailed accounting of the cost of the department's inspection of the facilityeach time the facility is inspected within thirty days after the inspection iscommenced. Failure to do so shall require the department to refund theinspection fee.
(L. 1986 S.B. 475, A.L. 1988 S.B. 535, A.L. 1992 H.B. 1732, A.L. 1993 S.B. 80, et al.)*"This act" (S.B. 535, 1988) contained numerous sections. Consult Disposition of Sections table for a definitive listing.