[Adopted 5-17-1993 as
Ch. 8.20 of the 1993 Code]
A potential public health hazard exists from exposure to improperly
disposed infectious waste. Stringent federal and state regulations
require that specified methods of infectious waste storage, packaging
and disposal be practiced by both the generator and the disposal contractor.
At the same time, this geographical area is experiencing diminished
landfill capacity, thus promoting incineration as the preferred disposal
method. Although incineration is most commonly used by hospitals,
the largest quantity generators of infectious waste, problems of incinerator
acceptability by the public greatly restrict this disposal method.
As a result, disposal costs continue to escalate, particularly for
the small quantity generator of infectious waste. All of these factors
contribute to the increased potential for the improper disposal of
infectious waste.
Pursuant to MGL c. 111, § 31, the City adopts the
ordinance codified in this article, which is designed to impose strict
penalties upon persons and/or entities responsible for any infectious
waste which is improperly disposed of within the boundaries of the
City. This article shall apply to all generators and all disposal
contractors affiliated with the disposal of any type of infectious
waste.
As used in this article, the following terms shall have the
meanings indicated:
Any action or lack of action which causes infectious waste to be disposed of in a manner contrary to the requirements for proper disposal as specified in § 175-14.
Waste which because of its infectious characteristics may
cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness,
and which may pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported,
disposed of or otherwise managed. "Infectious waste" includes isolation
wastes, cultures and stocks of etiologic (disease-causing) agents,
blood and blood products, pathological wastes, contaminated laboratory
wastes, sharps (syringed needles, scalpels, etc.), dialysis unit waste,
animal and body parts, biologicals and contaminated food and patient-care
wastes.
Any person or company responsible for the proper and legal
disposal of solid waste, including but not limited to hazardous infectious
waste. Cleaning contractors responsible for the cleaning and removal
of waste from the property of an infectious waste generator shall
be considered a disposal contractor for the purposes of this article.
Any person or entity which produces infectious waste. Generators
may include hospitals, doctors' offices, home health care facilities,
health maintenance organizations, teaching facilities (i.e., biology
laboratories, etc.), research and development laboratories, clinics
(all types, i.e., chiropractor, acupuncture, sports medicine, etc.),
veterinary facilities, nursing homes, funeral homes, dental clinics
and offices, and a single or group of individuals.
Any person or entity which by definition is a generator of
infectious waste and/or which, by contract, agreement or otherwise,
directly or indirectly, arranged for or participated in the improper
packaging, improper transport or improper disposal of infectious waste.
[Amended 6-1-2020 by Order
No. 2020-012]
The generator and/or disposal contractor shall make every effort
to ensure that all infectious waste is packaged and disposed of in
the manner specified in the regulations of the Massachusetts Department
of Public Health and the Massachusetts Department of Environmental
Protection (DEP). Persons or entities responsible for the transport
of infectious waste shall adhere to the appropriate United States
Department of Transportation and Massachusetts Department of Transportation
regulations regarding transportation of infectious waste on state
and interstate highways.
[Amended 6-1-2020 by Order
No. 2020-012]
A.
All infectious waste designated for off-site disposal, excluding
sharp wastes, shall be placed in nonpermeable three mil polyethylene
(or equivalent) bags which are to be securely sealed and placed into
a second bag of similar construction which shall also be securely
sealed. This sealed double bag shall be placed into a rigid or semi-rigid
container and sealed. The container must be labeled according to Department
of Transportation regulations. Incineration of any infectious waste
so contained in a Type 4 DEP-approved incinerator, or the landfilling
of treated (sterilized) infectious waste similarly contained, and
as per DEP (or out-of-state equivalent) regulations, shall constitute
proper disposal.
B.
Sharp wastes, which can include hypodermic needles, syringes, pasteur
pipettes, broken glass, scalpel blades, disposable razors and suture
needles which have come in contact with infectious agents during use
in patient care or in laboratories, must be rendered unusable and
placed in rigid, puncture-resistant containers immediately after use.
The containers of sharp waste shall either undergo incineration (in
a Type 4, DEP-approved incinerator) or be processed by grinding (or
another similarly effective method) to eliminate the physical hazard
of the sharps and then disposed of in a sanitary landfill approved
by the DEP (or out-of-state equivalent). Either method shall constitute
proper disposal of sharp wastes.
All generators of infectious waste, as defined in this article,
must submit in writing to the Quincy Health Department, by March 1
of each calendar year or upon any change of existing status or contract,
the following information:
All infectious waste disposal contractors, as defined by this
article, involved in the removal and disposal of infectious waste
from any property within the City must obtain a permit from the Quincy
Health Department for the transport of garbage, offal or other offensive
substances as provided for in MGL c. 111, § 31A.
A.
Failure by a responsible party to properly dispose of infectious
waste shall constitute a violation of this article and as such shall
be subject to penalties and/or fines.
B.
The responsible party or parties shall be held liable for the costs
of emergency cleanup and proper disposal of infectious waste found
to be improperly disposed in the City.
C.
The responsible party or parties shall be assessed a fine of $200
for each separate offense of the improper disposal of infectious waste.
Each individual article of infectious waste shall be deemed a separate
offense and fined as such.
[Amended 6-1-2020 by Order
No. 2020-012]
D.
The Health Commissioner, or any agent of the Health Department, may,
in his discretion, dispose of any violation in a manner provided by
MGL c. 40, § 21D.
