Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29B. INFECTIOUS AND CHEMOTHERAPEUTIC WASTE DISPOSAL
Date:
08/31/2009
Document:
§ 6019.2. Duties and responsibilities of the Department of Environmental Resources
(a) COMPREHENSIVE PLAN. --The Department of Environmental Resources, over a period of not less than one year, shall conduct a thorough study and an investigation of infectious and chemotherapeutic wastes and prepare a Pennsylvania Infectious and Chemotherapeutic Wastes Plan addressing the following issues:
(1) The determination of present and projected volumes of infectious
and chemotherapeutic wastes which will be produced in this Commonwealth
as well as the market and demand for importation of such wastes from
neighboring states and facilities for the treatment, storage and
disposal of such wastes.
(2) The adequacy of the present number of facilities in this
Commonwealth for the incineration or other disposal of infectious or
chemotherapeutic wastes and the projected need for additional
commercial facilities, including commercial incinerators.
(3) The geographical distribution of existing and currently, or
subsequently, proposed commercial facilities for the incineration or
other disposal of infectious or chemotherapeutic wastes, based on
factors such as economic feasibility, transportation concerns and the
proximity of other waste disposal facilities.
(4) The policy criteria required for siting of commercial facilities
for the incineration or other disposal of infectious or
chemotherapeutic wastes, including material demand, transportation
access and an enforcement strategy addressing both the in-State and
out-of-State sources.
(b) REGULATIONS AND STANDARDS. --In addition to preparing a comprehensive plan as provided for in subsection (a), the Department of Environmental Resources shall review and revise existing regulations and standards, under section 4, relating to infectious and chemotherapeutic wastes within one year of the effective date of this act and shall propose, under the authority of the act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control Act, or the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, such additional regulations as may be necessary or appropriate to accomplish the purposes of this act. They shall include, but not be limited to:
(1) Regulations governing the collection, transportation, processing,
storage and incineration and disposal of infectious and
chemotherapeutic wastes and the siting of commercial infectious and
chemotherapeutic waste management facilities.
(2) The best available technology standards for air quality control of
emissions from new onsite facilities and commercial facilities and
reasonably available technology control standards for air quality
control of emissions from existing onsite facilities and commercial
facilities to be used for the incineration of infectious or
chemotherapeutic wastes.
(3) Regulations governing liability insurance requirements and
emergency planning.
(c) MANIFEST SYSTEM. --It is unlawful under the Solid Waste Management Act and this act for a person or municipality who generates, transports, stores, processes or disposes of infectious or chemotherapeutic wastes to fail to use a manifest system required by the department to assure that all infectious and chemotherapeutic wastes generated are designated for processing, storage or disposal facilities approved by the department. The transporter of infectious or chemotherapeutic wastes shall transport the waste to a facility permitted to receive the waste or to an out-of-State facility designated on the manifest.
(d) LICENSE FOR TRANSPORTERS. --It is unlawful under the Solid Waste Management Act and this act for a person or municipality to transport infectious or chemotherapeutic waste unless such person or municipality has first obtained a license from the department. The department may, by regulation, exempt persons or municipalities transporting small quantities of infectious or chemotherapeutic waste from the requirements of this subsection.
(e) DEVELOPMENT OF PLAN. --Within 14 months of the effective date of this act, the Department of Environmental Resources shall present the comprehensive plan referred to in subsection (a) to the Environmental Quality Board. This comprehensive plan shall be prepared only after the Department of Environmental Resources has conducted at least one public hearing on the issues to be addressed in the plan.
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