CHAPTER 136

FORMERLY

HOUSE BILL NO. 421

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 AND 2 AND SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 64, TITLE 7 OF THE DELAWARE CODE RELATING TO THE POWERS AND DUTIES OF THE DELAWARE SOLID WASTE AUTHORITY FOR MANAGING THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, INCLUDING INFECTIOUS WASTE, AND PROVIDING FOR INCREASED ENFORCEMENT AUTHORITY AND INDEMNIFICATION OF DIRECTORS OF THE DELAWARE SOLID WASTE AUTHORITY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each House thereof concurring therein):

Section 1. Amend §6401(b), Chapter 64, Title 7 of the Delaware Code, by redesignating subsections (9) and (10) as subsections (10) and (11) respectively and inserting as subsection (9) the following:

"(9) That infectious waste be disposed of by the Authority on a statewide basis in accordance with applicable statutes, regulations and inspection procedures approved by the Department of Health and Social Services and issued by the Department of Natural Resources and Environmental Control to assure adequate and proper disposal in a manner to protect the public health and welfare."

Section 2. Amend §6401(c), Chapter 64, Title 7 of the Delaware Code, by redesignating subsection (5) as subsection (6) and Inserting as subsection (5) the following:

"(5) That a statewide program for disposal of infectious waste, giving special attention to the management and operation of an Infectious waste facility, be established."

Section 3. Amend §6402, Chapter 64, Title 7 of the Delaware Code, by adding a new subsection (17) to read as follows:

"(17) "Infectious waste" means those wastes which may cause human disease and may reasonably be suspected of harboring human pathogenic organisms, or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Types of wastes designated as infectious include, but are not necessarily limited to, the following:

(a) Biological wastes which shall include, but not be limited to:

i. "Biological liquid wastes" which shall mean blood and blood products, excretions, exudates, secretions, suctionings and other body fluids including liquid wastes from renal dialysis.

li. "Pathological wastes" which shall mean all human tissues and anatomical remains, including human fetal remains, which emanate from surgery, obstetrical procedures, autopsy, and laboratory procedures.

ill. "Cultures and stocks of etiologic agents and associated biological wastes" which shall mean, but is not limited to, specimen cultures, cultures and stocks of etiologic agents, and wastes from production of biologicals and serums.

iv. "Laboratory wastes" which shall mean those wastes which have come in contact with pathogenic organisms and blood or body fluids. Such wastes include, but are not limited to, disposable materials, culture dishes, devices used to transfer, inoculate and mix cultures, paper and cloth which have come in contact with specimens or cultures which have not been sterilized or rendered noninfectious; or laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health due to their volume and virulence.

v. Animal tissue, bedding and other waste from animals known or suspected to be Infected with a pathogen which also causes human disease, provided that prevailing evidence indicates that such tissue, bedding or other waste may act as a vehicle of transmission to humans.

vi. Human dialysis waste materials including blood lines and dialysate membranes.

(b) "Sharps" which shall mean any discarded article that may cause puncture or cuts. Such wastes include but are not limited to needles, intravenous (IV) tubing with needles attached, scalpel blades, glassware, and syringes that have been removed from their original sterile containers.

(c) "Discarded biologicals" which shall mean serums and vaccines produced by pharmaceutical companies for human or veterinary use. These products may be discarded because of a bad manufacturing lot (i.e., off-specification material that does not pass quality control or that is recalled), out-dating or removal of the product from the market or other reasons. Because of the possible presence of etiologic agents In these products, the discarded material constitutes infectious waste.

(d) "Other infectious wastes" which shall mean any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any infectious waste."

Section 4. Amend §6402, Chapter 64, Title 7 of the Delaware Code, by adding a new subsection (18) to read as follows:

"(18) "Infectious waste generator" means hospitals, in or out patient clinics, laboratories, medical offices, dental offices, nursing homes, and In-patient residential facilities serving persons with diseases which may be transmitted through contact with infectious wastes as well as veterinarian facilities and research laboratories operating within the State."

Section 5. Amend §6417, Chapter 64, Title 7 of the Delaware Code, by deleting subsection (a) of that Section in its entirety and by inserting a new subsection (a) in lieu thereof to read as follows:

"(a) Any person who violates a regulation or a license condition, or who violates §6428 of this title, shall be subject to the following sanctions:

(1) If the violation is of a regulation or license condition promulgated or imposed under §6401 through §6429 of this title and the violation has been completed, a civil penalty of not less than $100 and not more than $5,000 shall be assessed. If a violation continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction of lawsuits under this subsection shall be in any Court of Common Pleas.

(2) If the violation is of a regulation or license condition promulgated or imposed under §6430 or §6431 of this title and the violation has been completed, a civil penalty of not less than $1,000 and not more than $10,000 shall be assessed. If a violation continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction of lawsuits under this subsection shall be in any Superior Court.

(3) If the violation is continuous, or there is a substantial likelihood that it will reoccur, the Authority may seek a temporary restraining order, preliminary injunction or permanent injunction in the Court of Chancery."

Section 6. Amend §6417, Chapter 64, Title 7 of the Delaware Code, by deleting subsection (b) of that Section in its entirety and by inserting a new subsection (b) In lieu thereof to read as follows:

"(b) Any person who violates a regulation or license condition, or who violates §6428 of this title, shall be subject to revocation of such license and/or suspension of such license for such period as determined by the Authority and the assessment of an administrative penalty of not less than $500 and not more than $2,500 for each violation. If a violation continues for a number of days, each day of such violation shall be considered a separate violation. The procedure to be followed regarding any revocation or suspension of license and assessment of an administrative penalty shall be as follows:

(1) The Authority shall notify the alleged violator of the alleged violation by registered mail at least 20 days in advance of the time set for hearing on the violation;

(2) A hearing shall be held on the violation at which time the manager of the Authority shall present evidence in support of the alleged violation;

(3) The alleged violator may appear personally or by counsel at the hearing and produce any competent evidence in his behalf;

(4) Upon request of the manager or an alleged violator the Chairman of the Authority shall issue subpoenae requiring the testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing. In case of contumacy or refusal to obey a subpoena issued under this paragraph, the Superior Court in the county in which the hearing is held shall have jurisdiction upon application of the Chairman to issue an order requiring such person to appear and testify or produce books, records or other documents requested;

(5) All testimony at the hearing shall be taken under oath. The Chairman shall administer oaths and all directors shall be entitled to examine witnesses. A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits Introduced into evidence, constitute the record;

(6) Decisions regarding revocation or suspension of a license or assessment of an administrative penalty shall be made by majority vote of directors constituting the quorum. In the event the directors render a decision revoking or suspending a license or assessing an administrative penalty the Chairman shall make findings of fact based on the record supporting the decision, and state the reasons for rendering the decision. Any director who takes exception to the decision may submit a dissenting opinion which shall set forth the reasons for such exception. Dissenting opinions shall be attached to and constitute a part of the decision of the Authority. Deliberations on decisions regarding revocations or suspensions of licenses or assessments of administrative penalties shall be held in executive sessions which shall be closed to the public. In the event a decision is rendered revoking or suspending a license, the Authority may impose conditions for reapplication for a license or for continued operation of the violator under the license;

(7) The Authority shall notify the alleged violator by registered mall of any decision reached under this subsection.

(8) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Authority through Its legal counsel In Superior Court for collection of the administrative penalty, including interest, attorney's fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not be subject to review."

Section 7. Amend §6417, Chapter 64, Title 7 of the Delaware Code, by deleting subsection (c) of that Section In its entirety and by inserting a new subsection (c) in lieu thereof 1...) read as follows:

"(c) Any person whose license is revoked or suspended or who is assessed an administrative penalty may appeal the decision of the Authority to the Superior Court in and for the county in which the hearing was held. Such appeals shall be made within 30 days of the date of receipt of notification of the Authority's decision. Appeals shall be on the record. If the Court finds that additional evidence should be taken, the Court may remand the matter to the Authority for completion of the record. No appeal shall operate to stay automatically any decision of the Authority, but upon application and for good cause, the Authority or the Superior Court may stay the decision pending disposition of the appeal."

Section 8. Amend §6426, Chapter 64, Title 7 of the Delaware Code, by deleting subsection (d) thereof and by redesignating subsections (e), (f), and (g) thereof as subsections (d), (e), and (f) respectively.

Section 9. Amend Chapter 64, Title 7 of the Delaware Code, by adding a new Section 6430 to read as follows:

"§6430. Collection and transportation of infectious waste.

(a) Any person who collects or transports infectious waste from an infectious waste generator shall obtain from the Authority a license specifically for collection or transportation of infectious waste in the State.

(b) The Authority may, after public notice and hearing, adopt rules and regulations governing the licensing of infectious waste collectors and transporters.

(c) The Authority may, after public notice and hearing, adopt rules and regulations for the tracking of infectious waste generated by infectious waste generators, by requiring infectious waste generators and transporters to file with the Authority a copy of any infectious waste tracking form or manifest that may be required under laws or regulations of the State."

Section 10. Amend Chapter 64, Title 7 of the Delaware Code, by adding a new Section 6431 to read as follows:

16431. Infectious waste disposal.

(a) It is hereby determined and declared that it is necessary for the health and welfare of the inhabitants of the State that the facilities and services of the Authority shall be used by all infectious waste generators within the State for the disposal of all infectious waste generated within the State, and the Authority may by regulation require all infectious waste generators, collectors and transporters therein to use the services and facilities of the Authority under such rules and regulations as the Authority shall fix and establish for the disposal of infectious waste, provided, however, that the infectious waste generators with on-site incineration for the disposal of infectious waste as of July 1, 1989, may continue to use such on-site incineration for the disposal of infectious waste generated on-site. The Authority, after public notice and hearing, may adopt rules and regulations requiring such infectious waste generators to report not less often than annually on the quantity and types of infectious waste incinerated on-site. This section shall not be construed, however, to affect or impair any contract entered Into prior to July 1, 1989.

(b) The Authority is directed to study, finance, design, develop, implement, and operate, or cause the same to occur, an infectious waste incineration facility at the sites where it now owns and operates landfills in New Castle County, Kent County or Sussex County, or where it now owns and operates the Delaware Reclamation Project in New Castle County, or at such other site as it may select in accordance with this chapter. The Authority is hereby authorized to dispose of ash from any such infectious waste incineration facility in the Authority's landfills, subject to regulations promulgated by the Department of Natural Resources and Environmental Control."

Section 11. Amend §6428, Chapter 64, Title 7 of the Delaware Code by adding the words, "including infectious waste," between the words "waste" and "generated" as they appear in the first sentence of that Section.

Approved July 18, 1989.