N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 365-3.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 365-3.3 - Registration

Facilities of the following types are subject to the registration provision of section 360.15 of this Title unless otherwise exempt. These facilities are not subject to section 360.19 of this Title but must comply with the following operating requirements.

(a) Storage of waste at the site of generation that has come into contact with an infectious agent or toxins of biological origin must follow the criteria for RMW found in section 365-1.2 of this Part.

(b) Storage and transfer locations at locations other than at the site of the generation, must comply with the following:

(1) Each facility must be equipped with potable water and electricity and must implement procedures to minimize the potential for exposure and prevent the release or spread of infectious agents.

(2) The facility must limit the amount of time contaminated waste is staged to a maximum of 14 days, and must contain the waste.

(3) The facility must be secured and monitored.

(4) Packaged untreated waste or waste that has not met specific treatment standards for microbial inactivation must be separated by waste type in labeled separate containers and locations from waste that has been treated.

(5) Waste must be placed on an impermeable surface with the use of berms and absorbents as necessary to prevent a bioaerosol release.

(6) Waste must remain in the original containers and the containers may not be opened at the registered facility.

(7) No additional mixing, pumping, altering of packaging or handling of waste which may lead to a discharge is allowed.

(8) Waste must be transported to an authorized facility for treatment or disposal in accordance with this Subpart.

(c) Temporary treatment devices used for 90 days or less, to treat waste contaminated with infectious agents at the site of generation must meet the following conditions:

(1) decontamination, inactivation or treatment reduces or destroys infectious agents and toxins of biological origin and tests are performed to confirm no growth of a viable infectious agent;

(2) the on-site treatment technology (autoclave, freezing, fumigation, alkaline hydrolysis, etc.) is effective in treating each of the waste streams that are treated;

(3) process efficacy must be demonstrated with validation testing prior to commencement of operations on the first deployment and bio-monitoring in accordance with section 365-2.6 of this Part; and

(4) if elimination of the infectious agent or toxins of biological origin cannot be confirmed, the waste is packaged and transported in accordance with section 365-3.4 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 365-3.3

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023