Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 337-H.F.No. 661 
           An act relating to pollution; regulating the disposal 
          of infectious and pathological wastes; providing for 
          penalties for violation; appropriating money; amending 
          Minnesota Statutes 1988, sections 388.051, subdivision 
          2; and 609.671, by adding a subdivision; proposing 
          coding for new law in Minnesota Statutes, chapter 116. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [116.75] [CITATION.] 
    Sections 2 to 9 may be cited as the "infectious waste 
control act." 
    Sec. 2.  [116.76] [DEFINITIONS.] 
   Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 2 to 9. 
    Subd. 2.  [AGENCY.] "Agency" means the pollution control 
agency. 
    Subd. 3.  [BLOOD.] "Blood" means waste human blood and 
blood products in containers, or solid waste saturated and 
dripping human blood or blood products.  Human blood products 
include serum, plasma, and other blood components.  
    Subd. 4.  [COMMERCIAL TRANSPORTER.] "Commercial transporter"
means a person who transports infectious or pathological waste 
for compensation.  
    Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
commissioner of the pollution control agency. 
    Subd. 6.  [DECONTAMINATION.] "Decontamination" means 
rendering infectious waste safe for routine handling as a solid 
waste. 
    Subd. 7.  [DEPARTMENT.] "Department" means the department 
of health. 
    Subd. 8.  [FACILITY.] "Facility" means a site where 
infectious waste is generated, stored, decontaminated, 
incinerated, or disposed. 
    Subd. 9.  [GENERATOR.] "Generator" means a person whose 
activities produce infectious waste.  "Generator" does not 
include a person who produces sharps as a result of 
administering medication to oneself. 
    Subd. 10.  [HOUSEHOLD.] "Household" means a single detached 
dwelling unit or a single unit of a multiple dwelling. 
    Subd. 11.  [INFECTIOUS AGENT.] "Infectious agent" means an 
organism that is capable of producing infection or infectious 
disease in humans. 
    Subd. 12.  [INFECTIOUS WASTE.] "Infectious waste" means 
laboratory waste, blood, regulated body fluids, sharps, and 
research animal waste that have not been decontaminated.  
    Subd. 13.  [LABORATORY WASTE.] "Laboratory waste" means 
waste cultures and stocks of agents that are generated from a 
laboratory and are infectious to humans; discarded contaminated 
items used to inoculate, transfer, or otherwise manipulate 
cultures or stocks of agents that are infectious to humans; 
wastes from the production of biological agents that are 
infectious to humans; and discarded live or attenuated vaccines 
that are infectious to humans. 
    Subd. 14.  [PATHOLOGICAL WASTE.] "Pathological waste" means 
human tissues and body parts removed accidentally or during 
surgery or autopsy intended for disposal.  Pathological waste 
does not include teeth.  
    Subd. 15.  [PERSON.] "Person" means an individual, 
partnership, association, public or private corporation, or 
other legal entity, the United States government, an interstate 
body, the state, and an agency, department, or political 
subdivision of the state. 
    Subd. 16.  [REGULATED HUMAN BODY FLUIDS.] "Regulated human 
body fluids" means cerebrospinal fluid, synovial fluid, pleural 
fluid, peritoneal fluid, pericardial fluid, and amniotic fluid 
that are in containers or that drip freely from body fluid 
soaked solid waste items.  
    Subd. 17.  [RESEARCH ANIMAL WASTE.] "Research animal waste" 
means carcasses, body parts, and blood derived from animals 
knowingly and intentionally exposed to agents that are 
infectious to humans for the purpose of research, production of 
biologicals, or testing of pharmaceuticals. 
    Subd. 18.  [SHARPS.] "Sharps" means: 
    (1) discarded items that can induce subdermal inoculation 
of infectious agents, including needles, scalpel blades, 
pipettes, and other items derived from human or animal patient 
care, blood banks, laboratories, mortuaries, research 
facilities, and industrial operations; and 
    (2) discarded glass or rigid plastic vials containing 
infectious agents.  
    Sec. 3.  [116.77] [COVERAGE.] 
    Sections 1 to 9 and section 609.671, subdivision 10, cover 
any person who generates, treats, stores, transports, or 
disposes of infectious or pathological waste except infectious 
or pathological waste generated by households, farm operations, 
or agricultural businesses.  Except as specifically provided, 
sections 1 to 9 do not limit or alter treatment or disposal 
methods for infectious or pathological waste. 
    Sec. 4.  [116.78] [WASTE MANAGEMENT.] 
    Subdivision 1.  [SEGREGATION.] All untreated infectious 
waste must be segregated from other waste material at its point 
of generation and maintained in separate packaging throughout 
collection, storage, and transport.  Infectious waste must be 
packaged, contained, and transported in a manner that prevents 
release of the waste material. 
    Subd. 2.  [LABELING.] All bags, boxes, and other containers 
used to collect, transport, or store infectious waste must be 
clearly labeled with a biohazard symbol or with the words 
"infectious waste" written in letters no less than one inch in 
height. 
    Subd. 3.  [REUSABLE CONTAINERS.] Containers which have been 
in direct contact with infectious waste must be disinfected 
prior to reuse. 
    Subd. 4.  [SHARPS.] Sharps, except those generated from a 
household or from a farm operation or agricultural business: 
    (1) must be placed in puncture-resistant containers; 
    (2) may not be compacted or mixed with other waste material 
whether or not the sharps are decontaminated; and 
    (3) may not be disposed of at refuse-derived fuel 
facilities or at other facilities where waste is hand sorted. 
    Subd. 5.  [PATHOLOGICAL WASTE.] Pathological waste must be 
managed according to sanitary standards established by state and 
federal laws or regulations for the disposal of the waste. 
    Subd. 6.  [STORAGE.] Infectious and pathological waste must 
be stored in a specially designated area that is designed to 
prevent the entry of vermin and that prevents access by 
unauthorized persons. 
    Subd. 7.  [COMPACTION AND MIXTURE WITH OTHER 
WASTES.] Infectious waste may not be compacted or mixed with 
other waste materials prior to incineration or disposal. 
    Subd. 8.  [DISPOSAL.] Except for disposal procedures 
specifically prescribed, this section and section 7 do not limit 
disposal methods for infectious and pathological waste.  
    Sec. 5.  [116.79] [MANAGEMENT PLANS.] 
    Subdivision 1.  [PREPARATION OF MANAGEMENT PLANS.] (a) To 
the extent applicable to the facility, a person in charge of a 
facility that generates, stores, decontaminates, incinerates, or 
disposes of infectious or pathological waste must prepare a 
management plan for the infectious or pathological waste handled 
by the facility. 
    (b) The management plan must describe, to the extent the 
information is applicable to the facility: 
    (1) the type of infectious waste and pathological waste 
that the person generates or handles; 
    (2) the segregation, packaging, labeling, collection, 
storage, and transportation procedures for the infectious waste 
or pathological waste that will be followed; 
    (3) the decontamination or disposal methods for the 
infectious or pathological waste that will be used; 
    (4) the transporters and disposal facilities that will be 
used for the infectious waste; 
    (5) the steps that will be taken to minimize the exposure 
of employees to infectious agents throughout the process of 
disposing of infectious or pathological wastes; and 
    (6) the name of the individual responsible for the 
management of the infectious waste or pathological waste.  
    (c) The management plan must be kept at the facility.  
    (d) To the extent applicable to the facility, management 
plans must be accompanied by a statement of the quantity of 
infectious and pathological waste generated, decontaminated, 
stored, incinerated, or disposed of at the facility during the 
previous two-year period.  Quantities may be reported by weight, 
volume, or number and capacity of containers.  The commissioner 
of health shall prepare a summary of the quantities of 
infectious and pathological waste generated, by facility type.  
    (e) A management plan must be updated and resubmitted at 
least once every two years. 
    Subd. 2.  [COMPLIANCE WITH MANAGEMENT PLANS.] A person who 
prepares a management plan must comply with the management plan. 
    Subd. 3.  [GENERATORS' PLANS.] (a) Management plans 
prepared by facilities that generate infectious or pathological 
waste must be submitted to the commissioner of health with a fee 
of $225 for facilities with 25 or more employees, or a fee of 
$40 for facilities with less than 25 employees.  The fee must be 
deposited in the state treasury and credited to the general fund.
    (b) A person who begins the generation of infectious or 
pathological waste after January 1, 1990, must submit to the 
commissioner of health a copy of the person's management plan 
prior to initiating the handling of the infectious or 
pathological waste.  
    (c) If a generator also incinerates infectious or 
pathological waste, a separate management plan must be prepared 
for the incineration activities.  
    (d) The commissioner of health must establish a procedure 
for randomly reviewing the plans.  
    (e) The commissioner of health may require a management 
plan of a generator to be modified if the commissioner of health 
determines that the plan is not consistent with state or federal 
law or that the plan is not adequate to minimize exposure of 
persons to the infectious or pathological waste. 
    Subd. 4.  [PLANS FOR STORAGE, DECONTAMINATION, 
INCINERATION, AND DISPOSAL FACILITIES.] (a) A person who stores 
or decontaminates infectious or pathological waste, other than 
at the facility where the waste was generated, or a person who 
incinerates or disposes of infectious or pathological waste, 
must submit a copy of the management plan to the commissioner of 
the pollution control agency with a fee of $225.  A person who 
incinerates on site at a hospital must submit a fee of $100.  
The fee must be deposited in the state treasury and credited to 
the general fund. 
    (b) The commissioner shall review the plans and may require 
a plan to be modified within 180 days after the plan is 
submitted if the commissioner determines that the plan is not 
consistent with state or federal law or that the plan is not 
adequate to minimize exposure of persons to the waste. 
    Sec. 6.  [116.80] [TRANSPORTATION OF INFECTIOUS WASTE.] 
    Subdivision 1.  [TRANSFER OF INFECTIOUS WASTE.] (a) A 
generator may not transfer infectious waste to a commercial 
transporter unless the transporter is registered with the 
commissioner.  
    (b) A transporter may not deliver infectious waste to a 
facility prohibited to accept the waste. 
     (c) A person who is registered to transport infectious 
waste may not refuse waste generated from a facility that is 
properly packaged and labeled as "infectious waste." 
    Subd. 2.  [PREPARATION OF MANAGEMENT PLANS.] (a) A 
commercial transporter in charge of a business that transports 
infectious waste must prepare a management plan for the 
infectious waste handled by the commercial transporter. 
    (b) The management plan must describe, to the extent the 
information is applicable to the commercial transporter: 
    (1) the type of infectious waste that the commercial 
transporter handles; 
    (2) the transportation procedures for the infectious waste 
that will be followed; 
    (3) the disposal facilities that will be used for the 
infectious waste; 
    (4) the steps that will be taken to minimize the exposure 
of employees to infectious agents throughout the process of 
transporting and disposing of infectious waste; and 
    (5) the name of the individual responsible for the 
transportation and management of the infectious waste.  
    (c) The management plan must be kept at the commercial 
transporter's principal place of business.  
    (d) Management plans must be accompanied by a statement of 
the quantity of infectious waste transported during the previous 
two-year period.  Quantities may be reported by weight, volume, 
or number and capacity of containers. 
    (e) A management plan must be updated and resubmitted at 
least once every two years. 
    (f) The commissioner shall review the plans and may require 
a plan to be modified within 180 days after the plan is 
submitted if the commissioner determines that the plan is not 
consistent with state or federal law or that the plan is not 
adequate to minimize exposure of persons to the waste. 
    Subd. 3.  [REGISTRATION REQUIRED.] (a) A commercial 
transporter must register with the commissioner.  
    (b) To register, a commercial transporter must submit a 
copy of the management plan to the commissioner of the pollution 
control agency with a fee of $225.  The fee must be deposited in 
the state treasury and credited to the general fund.  
    (c) The registration is valid for two years.  
    (d) The commissioner shall issue a registration card with a 
unique registration number to a person who has submitted a 
transporter's management plan unless the commissioner finds that 
registrant has outstanding unresolved violations of this section 
or a history of serious violations of chapter 115, 115A, 115B, 
or 116.  The registration card must include the date the card 
expires. 
    Subd. 4.  [WASTE FROM OTHER STATES.] A person may not 
transport infectious waste into the state for decontamination, 
storage, incineration, or disposal without complying with 
sections 2 to 8. 
    Sec. 7.  [116.81] [RULES.] 
    Subdivision 1.  [AGENCY RULES.] The agency, in consultation 
with the commissioner of health, may adopt rules to implement 
sections 2 to 8.  The agency has primary responsibility for 
rules relating to transportation of infectious waste and 
facilities storing, transporting, decontaminating, incinerating, 
and disposing of infectious waste.  The agency before adopting 
rules affecting animals or research animal waste must consult 
the commissioner of agriculture and the board of animal health.  
     Subd. 2.  [HEALTH RULES.] The commissioner of health after 
consulting with the agency may adopt rules to implement sections 
2 to 8.  The commissioner of health has primary responsibility 
for rules relating to facilities generating infectious waste.  
The commissioner of health before adopting rules affecting 
animals or research animal waste must consult the commissioner 
of agriculture and the board of animal health.  
    Sec. 8.  [116.82] [AUTHORITY OF LOCAL GOVERNMENT.] 
    Subdivision 1.  [PREEMPTION OF REGULATION.] A county, 
municipality, or other political subdivision of the state may 
not adopt a definition of infectious or pathological waste that 
differs from the definitions in section 2, or management 
requirements for infectious or pathological waste that differ 
from the requirements of sections 4 and 5. 
    Subd. 2.  [LOCAL SOLID WASTE AUTHORITY.] (a) Sections 2 to 
7 do not affect local implementation of collection, storage, or 
disposal of solid waste that does not contain infectious waste.  
    (b) Sections 2 to 7 do not affect county authority under 
other law to regulate and manage solid waste that does not 
contain infectious waste.  
    (c) A political subdivision, as defined in section 115A.03, 
subdivision 24, may not require a refuse-derived fuel facility 
to accept infectious waste. 
    Subd. 3.  [LOCAL ENFORCEMENT.] Sections 2 to 7 may be 
enforced by a county by delegation of enforcement authority 
granted to the commissioner of health and the agency in section 
9.  Separate enforcement actions may not be brought by a state 
agency and a county for the same violations.  The state or 
county may not bring an action that is being enforced by the 
federal Office of Safety and Health Administration.  
    Sec. 9.  [116.83] [ENFORCEMENT.] 
    Subdivision 1.  [STATE RESPONSIBILITIES.] The agency or the 
commissioner of health may enforce sections 2 to 7.  The 
commissioner of health is primarily responsible for enforcement 
involving generators.  The agency is primarily responsible for 
enforcement involving other persons subject to sections 2 to 7. 
    Subd. 2.  [ENFORCEMENT AUTHORITY.] The commissioner of 
health has the authority of the agency to enforce sections 2 to 
7 under section 115.071. 
    Subd. 3.  [ACCESS TO INFORMATION AND PROPERTY.] Subject to 
section 144.651, the commissioner of the pollution control 
agency or the commissioner of health may on presentation of 
credentials, during regular business hours: 
    (1) examine and copy any books, records, memoranda, or data 
that is related to compliance with sections 2 to 7; and 
    (2) enter public or private property regulated by sections 
2 to 7 for the purpose of taking an action authorized by this 
section including obtaining information and conducting 
investigations. 
    Sec. 10.  [STUDIES.] 
    (a) The pollution control agency, in consultation with the 
commissioner of health, shall study the management of sharps 
generated by households including the feasibility of 
establishing a collection system for sharps generated by 
households.  
    (b) The pollution control agency, in consultation with the 
commissioner of agriculture and the board of animal health, 
shall study the feasibility of establishing a collection system 
for sharps generated by farm operations or agricultural 
businesses. 
    Sec. 11.  Minnesota Statutes 1988, section 388.051, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPECIAL PROVISIONS.] (a) In Anoka, Carver, 
Dakota, Hennepin, Scott, and Washington counties, only the 
county attorney shall prosecute gross misdemeanor violations of 
sections 290.53, subdivisions 4 and 11; 290.92, subdivision 15; 
290A.11, subdivision 2; 297A.08; 297A.39, subdivisions 4 and 8; 
297B.10; 609.255, subdivision 3; 609.377; 609.378; 609.41; and 
617.247.  
    (b) The county attorney shall prosecute failure to report 
physical or sexual child abuse or neglect as provided under 
section 626.556, subdivision 6, and shall prosecute violations 
of fifth-degree criminal sexual conduct under section 609.3451, 
and environmental law violations under sections 115.071, 
299F.098, and 609.671. 
    Sec. 12.  Minnesota Statutes 1988, section 609.671, is 
amended by adding a subdivision to read: 
    Subd. 11.  [INFECTIOUS WASTE.] A person who knowingly, or 
with reason to know, disposes of or arranges for the disposal of 
infectious waste as defined in section 2 at a location or in a 
manner that is prohibited by section 4 is guilty of a gross 
misdemeanor and may be sentenced to imprisonment for not more 
than one year, or to payment of a fine of not more than $10,000, 
or both.  A person convicted a second or subsequent time under 
this subdivision is guilty of a felony and may be sentenced to 
imprisonment for not more than two years, or to payment of a 
fine of not more than $25,000, or both. 
    Sec. 13.  [APPROPRIATIONS.] 
    Subdivision 1.  [POLLUTION CONTROL AGENCY.] $265,000 is 
appropriated from the general fund to the commissioner of the 
pollution control agency for the biennium ending June 30, 1991, 
to carry out the requirements of sections 1 to 10.  The approved 
complement of the pollution control agency is increased by two 
positions in fiscal year 1990 and one additional position in 
fiscal year 1991. 
    Subd. 2.  [DEPARTMENT OF HEALTH.] $200,000 is appropriated 
from the general fund to the commissioner of health for the 
biennium ending June 30, 1991, to carry out the requirements of 
sections 1 to 10.  The approved complement of the department of 
health is increased by two and one-half positions. 
    Subd. 3.  [HEALTH DEPARTMENT.] $10,000 is appropriated from 
the general fund to the commissioner of health for the biennium 
ending June 30, 1991, to prepare educational material for 
distribution to infectious and pathological waste generators and 
transporters; treatment, storage, and disposal facility 
operators; households that generate infectious waste; and to the 
general public. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 2, 3, 7, and 8 are effective the day after final 
enactment.  Sections 1, 4, 5, 6 and 9 are effective January 1, 
1990.  Section 12 is effective January 1, 1990, and applies to 
crimes committed on or after that date. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 11:12 p.m.