New York Environmental Conservation Code § 27-1511

Standards applicable to transporter of regulated medical waste
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§ 27-1511. Standards applicable to transporter of regulated medical\n             waste.\n  1. The commissioner shall promulgate regulations establishing such\nstandards as shall be applicable to transporters of regulated medical\nwaste identified or listed under this title, as may be necessary to\nprotect human health and the environment. Such standards shall include,\nbut need not be limited to, requirements respecting:\n  a. Record keeping practices that accurately identify the regulated\nmedical wastes transported, their sources and delivery points, including\ncertification of compliance with the program to be promulgated under\nsection 27-1504 of this title;\n  b. Transportation of all such regulated medical waste only to the\nfacility or facilities approved by the department; and\n  c. Proof of ownership and inspection of vehicles used in transporting\nregulated medical waste, proof of liability insurance or other form of\nfinancial security deemed sufficient by the commissioner to meet all\nresponsibilities in case of release of such waste causing damage as a\ncondition to the issuance of a permit to a transporter as required by\nthis section.\n  2. Except as provided in paragraph a of this subdivision, no person\nshall engage in the transportation of regulated medical wastes without\nfirst complying with the requirements of standards promulgated by the\ncommissioner pursuant to subdivision one of this section and obtaining a\npermit issued by the department. The commissioner shall assure that\npermits authorizing regulated medical waste transportation are not held\nby unqualified or unsuitable persons pursuant to section 27-1517 of this\ntitle.\n  a. (i) No permit shall be required for the transportation by the\ngenerator of less than fifty pounds per month of regulated medical waste\nor by authorized employees of such generator acting on behalf of and\nunder the supervision of the generator provided that (1) such waste is\nbeing transported from the point of generation for treatment or disposal\nto a facility approved by the department, (2) such person shall comply\nwith the requirements of section 27-1510 of this title, (3) the\ngenerator shall have registered with the department in a form prescribed\nby the commissioner, which registration, at a minimum, shall designate\nthe treatment or disposal facility and the employees acting on behalf of\nor under the supervision of the generator, and (4) such person would not\notherwise be subject to an adverse determination under section 27-1517\nof this title.\n  (ii) The commissioner may, after consultation with the commissioner of\nhealth, exempt a generator from the waste transporter program fees\npursuant to section 72-0502 of this chapter upon a showing by such\ngenerator that compliance with such requirements would create a hardship\non the generator's business activities. The commissioner shall\npromulgate guidelines for the purpose of determining the circumstances\nunder which such exemption may be granted. Such exemption shall be\nreviewed periodically as specified by the commissioner but at least once\nevery two years. Any exemption granted hereunder may be revoked after\ndue notice and opportunity for hearing for a violation of any provision\nof this title or other applicable laws, rules or regulations relating to\nthe transportation of regulated wastes or upon a showing that the\nexempted generator no longer meets the requisite guidelines for\nexemption.\n  b. A generator of regulated medical waste may obtain a permit pursuant\nto this title to transport regulated medical waste.\n  c. The department may make rules and regulations implementing this\nsection in order to carry out and enforce the intent and purposes\nthereof. Such rules and regulations and the provisions of article 70 of\nthis chapter and rules and regulations adopted thereunder shall govern\npermit applications, permit conditions, renewals, modifications,\nsuspensions and revocations under this sec

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