Bill Text: MI HB4459 | 2009-2010 | 95th Legislature | Engrossed

---

Bill Title: Environmental protection; hazardous waste; medical waste regulatory act; modify. Amends secs. 13805, 13807, 13809, 13810, 13811, 13813, 13817, 13819, 13821, 13823, 13825, 13827, 13829, 13830 & 13831 of 1978 PA 368 (MCL 333.13805 et seq.) & adds secs. 13812, 13820, 13832 & 13833. TIE BAR WITH: HB 4458'09

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-12-01 - Placed On Order Of Third Reading With Substitute S-1 [HB4459 Detail]

Download: Michigan-2009-HB4459-Engrossed.html

---

HB-4459, As Passed House, April 30, 2009

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4459

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 13805, 13807, 13809, 13810, 13811, 13813,

 

13817, 13819, 13821, 13823, 13825, 13827, 13829, 13830, and 13831

 

(MCL 333.13805, 333.13807, 333.13809, 333.13810, 333.13811,

 

333.13813, 333.13817, 333.13819, 333.13821, 333.13823, 333.13825,

 

333.13827, 333.13829, 333.13830, and 333.13831), sections 13805,

 

13807, 13809, 13810, and 13811 as added by 1990 PA 21, sections

 

13813, 13817, 13819, 13823, 13825, 13827, 13829, 13830, and 13831

 

as added by 1990 PA 18, and section 13821 as amended by 1996 PA 67,

 

and by adding sections 13812, 13820, 13832, and 13833.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 13805. (1) "Advisory council" means the interdepartmental

 

medical waste advisory council created in section 13827.

 

     (1) "Alternative treatment technology" means a method for the

 

decontamination of medical waste other than incineration.

 

     (2) "Autoclave" means to sterilize using a vessel used to

 

decontaminate medical waste by superheated steam under pressure.

 

     (3) "Biohazard symbol" means the symbol depicted in 29 CFR

 

1910.1030.

 

     (4) "Body art facility" means a facility that practices

 

physical human body adornment by an operator utilizing body

 

piercing, branding, tattooing, or permanent cosmetics. As used in

 

this subsection:

 

     (a) "Body piercing" means the perforation of human tissue,

 

other than an ear, for a nonmedical purpose.

 

     (b) "Branding" means making a permanent mark on human tissue

 

by burning with a hot iron or other instrument.

 

     (c) "Tattooing" means 1 or more of the following:

 

     (i) Making an indelible mark upon the human body by the

 

insertion of a pigment under the skin.

 

     (ii) Making an indelible mark upon the human body by production

 

of scars other than by branding.

 

     (5) (3) "Decontamination" means rendering the process of

 

reducing potential infectious agents in medical waste to render it

 

safe for routine handling as solid waste.

 

     (6) "Department" means the department of environmental quality

 

or its authorized representative.

 

     (7) (4) "Fund" means the medical waste emergency response fund

 

created in section 13829.

 

     (8) (5) "Health facility or agency" means that term as defined

 

in section 20106.

 

     (9) (6) "Household" means a single detached dwelling unit or a

 

single unit of a multiple dwelling.

 

     (10) (7) "Infectious agent" means a pathogen that is

 

sufficiently virulent so that if a susceptible host is exposed to

 

the pathogen in an adequate concentration and through a portal of

 

entry, the result could be transmission of disease to a human can

 

cause disease in humans.

 

     (11) "Laboratory" means any of the following that generates

 

medical waste:

 

     (a) A research facility.

 

     (b) An analytical facility.

 

     (c) A clinical facility that performs analysis or research.

 

     (12) "Landfill" means a municipal solid waste landfill as that

 

term is defined in R 299.4104 of the Michigan administrative code.

 

     (13) "Life support agency" means an entity described in

 

section 20106(1)(a).

 

     (14) (8) "Medical waste" means any of the following: that are

 

not generated from a household, a farm operation or other

 

agricultural business, a home for the aged, or a home health care

 

agency:

 

     (a) Cultures and stocks of infectious agents and associated

 

biologicals toxins, including, but not limited to, laboratory

 

waste, biological production wastes, discarded live and attenuated

 

vaccines, culture dishes, and related devices.

 

     (b) Liquid human and animal waste, including blood and blood

 

products and body fluids, but not including urine or materials

 

stained with blood or body fluids.

 

     (c) Pathological waste.

 

     (d) Sharps.

 

     (e) Contaminated wastes Wastes from animals used in research

 

that have been exposed to agents an infectious to humans agent,

 

these being primarily research animals including, but not limited

 

to, carcasses, body parts, blood, body fluids, or other material

 

contaminated with the infectious agent.

 

     Sec. 13807. (1) "Pathogen" means a microorganism that produces

 

disease.

 

     (1) (2) "Pathological waste" means human organs, tissues, body

 

parts other than teeth, products of conception, and fluids that are

 

removed by trauma or during surgery, or autopsy, or other medical

 

procedure, and that are not fixed in formaldehyde or other fixative

 

agent. A specific organ, body part, or tissue removed by trauma or

 

during surgery, autopsy, or other medical procedure that is not

 

known to be or is not highly likely to be contaminated with an

 

infectious agent and that is requested by an individual to be

 

returned for religious, ethnic, or personal reasons is not

 

pathological waste.

 

     (2) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     (3) "Point of generation" means the point at which medical

 

waste leaves the producing facility site.

 

     (4) "Producing facility", subject to subsection (5), means a

 

facility that generates, stores, removes, decontaminates, or

 

incinerates transports medical waste, . including, but not limited

 

to, all of the following:

 

     (a) A transfer station where medical waste is stored.

 

     (b) A trauma scene waste management practitioner.

 

     (5) "Producing facility" does not include the following:

 

     (a) A funeral home that does not practice embalming and does

 

not generate medical waste.

 

     (b) A home heath care agency.

 

     (c) A household.

 

     (d) A farm operation or other agricultural business.

 

     (e) A facility licensed by the department of human services

 

that provides residential care services, such as adult and child

 

foster family and group homes, child day care centers, child care

 

institutions, child or adult foster care camps, and homes for the

 

aged.

 

     (6) "Public sharps collection program" means a program

 

operated by a public authority or nonprofit organization designed

 

to assist a person who uses sharps in his or her home to safely

 

dispose of discarded sharps only.

 

     (7) (5) "Release" means any spilling, leaking, pumping,

 

pouring, emitting, emptying, discharging, injecting, escaping,

 

leaching, dumping, or disposing of medical waste into the

 

environment in violation of this part.

 

     (8) (6) "Response activity" means an activity necessary to

 

protect the public health, safety, or welfare , and or the

 

environment, and includes, but is not limited to, evaluation,

 

cleanup, removal, containment, isolation, treatment, monitoring,

 

maintenance, replacement of water supplies, and temporary

 

relocation of people.

 

     (9) (7) "Sharps" means needles, syringes, scalpels, and

 

intravenous tubing with needles attached any object generated as

 

waste at a producing facility that is designed for, capable of, or

 

intended to cut or penetrate the skin. This includes, but is not

 

limited to, a needle, syringe with an attached needle, scalpel,

 

lancet, broken vaccine vial, culture slide or dish, capillary tube,

 

and intravenous tubing with a needle attached.

 

     (10) (8) "Storage" means the containment of medical waste in a

 

manner that does not constitute disposal of the medical waste.

 

     (11) (9) "Transport" means the movement of medical waste from

 

the point of generation or from a trauma scene to any intermediate

 

point and finally to the point of treatment or disposal. Transport

 

does not include the movement of medical waste from a health

 

facility or agency to another health facility or agency for the

 

purposes of testing and research.

 

     (12) "Trauma scene" means a premises or vehicle contaminated

 

with medical waste as a result of human injury, trauma, or death,

 

other than injury, trauma, or death caused by surgery or another

 

medical procedure.

 

     (13) "Trauma scene waste" means waste described in section

 

13805(14)(b), (c), or (d) and generated at a trauma scene.

 

     (14) "Trauma scene waste management practitioner" means a

 

person who undertakes as a commercial activity the cleanup or

 

removal of trauma scene waste from a trauma scene.

 

     (15) "USDOT" means the United States department of

 

transportation.

 

     Sec. 13809. A producing facility that does not incinerate

 

decontaminate medical waste on site shall do ensure that all of the

 

following requirements are met to contain medical waste:

 

     (a) Package, contain, and locate medical Medical waste is

 

packaged, contained, and located in a manner that protects and

 

prevents the medical waste from release at the producing facility

 

or at any time before ultimate disposal.

 

     (b) Separate the categories of At the point of origin, medical

 

waste at the point of origin is sorted and separated by type as

 

listed in section 13805(14) into appropriate containers. that are

 

labelled as required under subdivision (c).

 

     (c) Label the containers Containers required under subdivision

 

(b) with a biohazard symbol or the words "medical waste" or

 

"pathological waste" in letters not less than 1 inch high are

 

labeled or marked before transport in accordance with USDOT

 

regulations as specified in 49 CFR part 172, subparts D and E.

 

     (d) Not compact or mix medical waste with other waste

 

materials before decontamination, incineration, and disposal.

 

     (e) If decontaminated medical waste is mixed with other solid

 

waste, clearly label the container to indicate that it contains

 

decontaminated medical waste.

 

     (d) Medical waste that is being packaged for final

 

decontamination or disposal is segregated from other waste

 

materials.

 

     (e) (f) Store medical Medical waste is stored in such a manner

 

that prevents putrefaction and also prevents infectious agents from

 

coming in contact with the air or with individuals.

 

     (f) (g) If medical waste is stored outside of the producing

 

facility, store the medical waste is stored in a secured area or

 

locked in a container that weighs more than 500 pounds, and prevent

 

access to the area or container by vermin or unauthorized

 

individuals is prevented.

 

     (g) (h) Not store medical Medical waste is not stored on the

 

premises of the producing facility for more than 90 days. The

 

storage period begins when the use of the storage container is

 

initiated. However, if a producing facility generates only sharps

 

as medical waste and generates 1 liter or less of sharps waste in a

 

90-day period, the 90-day storage period begins when the sharps

 

container becomes full, except that a partially full sharps

 

container shall be disposed of within 1 year after sharps are first

 

placed in the container.

 

     (h) Transfer station storage containers are not stored for

 

more than 7 days without the approval of the department.

 

     (i) Trauma scene waste being transported in a trauma scene

 

vehicle is stored so that it is physically separated by partition

 

or compartments and does not present a cross-contamination hazard

 

to the decontamination equipment and supplies stored and

 

transported in the same vehicle.

 

     (j) Medical waste is packaged and transported in accordance

 

with applicable USDOT hazardous material regulations under 49 CFR

 

parts 171 to 180.

 

     (k) USDOT medical waste shipping paper records are retained in

 

accordance with applicable USDOT hazardous material regulations

 

under 49 CFR parts 171 to 180.

 

     Sec. 13810. A producing facility that incinerates

 

decontaminates medical waste on site shall do ensure that all of

 

the following requirements are met to contain medical waste:

 

     (a) Package, contain, and locate medical Medical waste is

 

packaged, contained, and located in a matter manner that protects

 

and prevents the medical waste from release at the producing

 

facility or at any time before ultimate disposal.

 

     (b) Separate and dispose of sharps in the manner described in

 

section 13811(d).

 

     (b) Medical waste is sorted and separated by type as listed in

 

section 13805(14) into appropriate containers.

 

     (c) Label the containers Containers required under subdivision

 

(a) (b) are labeled with a biohazard symbol or the words "medical

 

waste" or "pathological waste" in letters not less than 1 inch

 

high.

 

     (d) Not store medical Medical waste is not stored on premises

 

of the producing facility for more than 90 days.

 

     (e) Sharps are separated and disposed of in the manner

 

described in section 13811(1)(d).

 

     Sec. 13811. (1) A producing facility shall store,

 

decontaminate, and dispose of ensure that medical waste is

 

decontaminated and disposed of pursuant to all of the following

 

requirements:

 

     (a) Cultures and stocks of material contaminated with an

 

infectious agent shall be are stored in closed, puncture-resistant

 

containers, decontaminated by autoclaving or incineration use of an

 

autoclave or incinerator, and disposed of in a sanitary landfill,

 

or are subjected to a decontamination and disposal process approved

 

by the department.

 

     (b) Blood, and blood products, and body fluids shall be are

 

disposed of by 1 or more of the following methods:

 

     (i) Flushing down a sanitary sewer.

 

     (ii) Decontaminating by autoclaving or incineration.

 

     (iii) Solidifying.

 

     (iv) If not in liquid form, transferring to a sanitary

 

landfill.

 

     (ii) Decontamination, by use of an autoclave or incinerator,

 

and disposal in a landfill.

 

     (iii) Solidification then decontamination, by use of an

 

autoclave or incinerator, and disposal in a landfill.

 

     (iv) (v) A decontamination and disposal process approved by the

 

department.

 

     (c) Pathological waste shall be is disposed of by 1 or more of

 

the following methods:

 

     (i) Incineration or cremation.

 

     (i) Incineration and disposal in a landfill.

 

     (ii) Cremation.

 

     (iii) (ii) Grinding and flushing into a sanitary sewer.

 

     (iv) (iii) Burial in a cemetery , if packaged and transported in

 

leakproof containers of sufficient integrity to prevent rupture

 

accordance with USDOT requirements.

 

     (iv) Grinding until rendered unrecognizable, stored in closed,

 

puncture-resistant, properly labeled containers, and, if not in

 

liquid form, disposed of in a sanitary landfill.

 

     (v) A decontamination and disposal process approved by the

 

department.

 

     (d) Sharps shall be are disposed of by 1 of the following

 

methods:

 

     (i) Placement in rigid, puncture-resistant containers that are

 

appropriately labeled and transported to a sanitary landfill in a

 

manner that retains the integrity of the container.

 

     (ii) Incineration or decontamination and grinding that renders

 

the objects unrecognizable. Ground sharps shall be placed in a

 

sealed, rupture-resistant container and transported to a sanitary

 

landfill.

 

     (i) Disposal in a landfill if packaged and transported in

 

accordance with USDOT requirements.

 

     (ii) Decontamination, by use of an autoclave or incinerator,

 

and disposal in a landfill.

 

     (iii) A decontamination and disposal process approved by the

 

department.

 

     (e) Animal waste contaminated with organisms infectious to

 

humans shall be an infectious agent is disposed of by incineration

 

or by burial in a sanitary landfill in properly labeled, double

 

containers that are leakproof and puncture-resistant and are

 

tightly sealed to prevent escape of fluids or material.

 

Contaminated animal organs disposed of separately shall be rendered

 

unrecognizable. 1 of the following methods:

 

     (i) Decontamination, by use of an autoclave or incinerator, and

 

disposal in a landfill.

 

     (ii) Disposal in a landfill if packaged and transported in

 

accordance with USDOT requirements.

 

     (iii) A decontamination and disposal process approved by the

 

department.

 

     (2) A medical waste treatment technology used by a producing

 

facility to meet the requirements of subsection (1) shall attain a

 

minimum level of decontamination to protect public health, safety,

 

and welfare and the environment as established by rules promulgated

 

by the department.

 

     Sec. 13812. (1) A medical waste treatment technology shall not

 

be installed or used unless the technology has been reviewed and

 

approved by the department. The department shall review the

 

technology for compliance with this part and rules promulgated

 

under this part.

 

     (2) The department shall provide an application form for

 

evaluation and review of the medical waste treatment technology to

 

the manufacturer upon request. This application shall be completed

 

and submitted to the department with supportive documentation as

 

part of the request for review and approval. The department shall

 

review the application and supportive documentation. The department

 

shall approve the application if the technology complies with this

 

act and rules promulgated under this act. Otherwise, the department

 

shall deny the application. If the application is denied, the

 

department shall specify the reasons for the denial and what

 

additional information is needed to approve the application.

 

     (3) The manufacturer shall provide to the department the name

 

and address of each producing facility where the approved medical

 

waste treatment technology will be installed. The equipment shall

 

not be used until on-site efficacy and validation testing are

 

successfully completed. Approval of a treatment technology by the

 

department under this part is for the use of the technology as a

 

medical waste treatment method only. The producing facility is

 

responsible for securing any other permits or required approvals

 

needed for the technology from other agencies or department

 

programs.

 

     Sec. 13813. (1) Each Subject to subsections (3) and (4), a

 

producing facility shall register with the department on a form

 

prescribed by the department. A producing facility shall have a

 

written medical waste management plan that contains information

 

required in section 13817 on file on the premises within 90 days

 

after registration.

 

     (2) A producing facility shall submit the following

 

registration fee with the registration form:

 

     (a) For a producing facility that is a private practice office

 

with fewer than 4 licensees or registrants under article 15 who are

 

physicians, physician assistants, dentists, podiatrists, certified

 

nurse practitioners, certified nurse midwives, acupuncturists, or

 

veterinarians employed by, under contract to, or working at the

 

producing facility, a registration fee of $50.00.

 

     (b) For a producing facility that is a private practice office

 

with 4 or more licensees or registrants under article 15 who are

 

physicians, physician assistants, dentists, podiatrists, certified

 

nurse practitioners, certified nurse midwives, acupuncturists, or

 

veterinarians employed by, under contract to, or working at the

 

producing facility, a registration fee of $20.00 for each licensee,

 

up to a maximum total registration fee of $80.00.

 

     (c) Except as provided in subdivision (d), for a producing

 

facility that is a health facility or agency, a registration fee of

 

$75.00.

 

     (d) For a producing facility that is a hospital with 150 or

 

more licensed beds or a laboratory, a registration fee of $150.00.

 

     (e) For a producing facility that is not a health facility or

 

agency, including, but not limited to, a body art facility, medical

 

waste treatment facility, medical waste collection and transport

 

company, blood draw station, blood or blood product collection

 

facility, funeral home, animal control shelter, pharmacy, or school

 

district, a registration fee of $75.00.

 

     (3) A life support agency that does not store medical waste is

 

not required to register as a producing facility.

 

     (4) A mobile health care unit, such as a bloodmobile or a

 

licensed ambulance, that is owned and operated by a registered

 

producing facility in a fixed location is considered to be included

 

under the registration of the registered facility.

 

     (5) (3) Upon receipt of a complete registration form and

 

registration fee under this section, or section 13815, the

 

department shall issue a certificate of registration to the

 

producing facility unless the department determines that the

 

producing facility is not in compliance with this part or rules

 

promulgated under this part. A certificate of registration issued

 

under this section is valid for 3 years from its date of issuance.

 

The department shall investigate each complaint received and may

 

inspect a producing facility registered under this section pursuant

 

to the receipt of a complaint.

 

     (6) (4) Registration fees collected pursuant to this section

 

and section 13815 shall be forwarded to the state treasury

 

treasurer and deposited pursuant to section 13829 in the fund.

 

     (7) A public sharps collection program shall register as a

 

medical waste producing facility but is exempt from payment of any

 

registration fee under this section.

 

     Sec. 13817. (1) A producing facility shall have a written

 

medical waste management plan on file on the premises within 90

 

days after registration as a producing facility. The medical waste

 

management plan required in section 13813 shall contain information

 

relating to the handling of all medical waste generated, stored, or

 

decontaminated , or incinerated at each the producing facility or

 

transported from the producing facility for handling by another

 

facility for storage , or decontamination , incineration, or for

 

disposal in a sanitary landfill, cemetery, or other disposal site.

 

A professional corporation person may identify and prepare a common

 

medical waste management plan for all producing facilities owned

 

and operated by the corporation person. A copy of the common

 

medical waste management plan shall be kept available at each

 

producing facility site for inspection by the department.

 

     (2) The A medical waste management plan shall comply with this

 

part and rules promulgated under this part and describe each of the

 

following, to the extent the information is applicable to the

 

producing facility:

 

     (a) The types of medical waste handled.

 

     (b) The segregation, packaging, labeling, and collection

 

procedures used.

 

     (c) The use and methods of on-site or off-site storage.

 

     (d) The use and methods of on-site or off-site

 

decontamination.

 

     (e) The use of on-site or off-site incineration.

 

     (f) The corporate or other legally recognized business name,

 

of solid waste haulers who transport address, and telephone number

 

of medical waste disposal service companies that transport or treat

 

medical waste for the producing facility.

 

     (g) The use name and address of sanitary landfills,

 

cemeteries, and other disposal sites to which medical waste is

 

directly taken by the producing facility.

 

     (h) The measures to minimize exposure of the producing

 

facility's employees to infectious agents throughout the process of

 

handling and disposing of the medical waste, including, where if

 

applicable, the use of protocols, procedures and training, personal

 

protective devices and clothing, physical containment or isolation

 

devices or systems, and prevention or control of aerosols.

 

     (i) The name of the individual responsible for the management

 

of the medical waste.

 

     (j) Cleanup methods and procedures to be used in response to

 

spills of medical waste.

 

     (2) A medical waste management plan shall comply with the

 

requirements of this act.

 

     (3) A producing facility shall update a its medical waste

 

management plan each time there is every 3 years or within 30 days

 

of a change in either any of the following: , within 30 days after

 

the change occurs:

 

     (a) A person or site named in the plan.

 

     (b) The types of medical waste handled or the methods of

 

handling medical waste at the facility.

 

     (4) Upon request, a producing facility shall make its medical

 

waste management plan available to the department pursuant to a

 

routine or unannounced inspection or the investigation of a

 

complaint.

 

     (5) Upon receipt of 24 hours' advance notice, a producing

 

facility shall make its medical waste management plan available to

 

an employee of the producing facility for inspection on the

 

premises or provide a copy of the medical waste management plan to

 

the employee.

 

     (6) A producing facility shall comply with its medical waste

 

management plan.

 

     Sec. 13819. (1) Upon review of a medical waste management plan

 

under section 13817(4), the The department may require a producing

 

facility to modify the its medical waste management plan under

 

section 13817 at any time the department determines that the plan

 

is not adequate to protect the public health, safety, and welfare

 

and the environment or is inconsistent with state or federal law.

 

Upon determining that the plan is inadequate or inconsistent under

 

this section making such a determination, the department shall

 

notify the producing facility in writing of its the determination

 

and the specific modifications necessary for compliance. The

 

producing facility shall modify the plan accordingly within 10 days

 

after receipt of the notice from the time period specified by the

 

department in its notice.

 

     (2) The department may issue a warning to a producing facility

 

that fails to modify a plan within the 10-day period.

 

     Sec. 13820. The department may enter at any reasonable time

 

upon private or public property upon which medical waste is

 

reasonably believed to be located to determine compliance with this

 

part or a rule promulgated under this part.

 

     Sec. 13821. A producing facility that transports medical waste

 

off the premises of the producing facility shall package the

 

medical waste in the following manner:

 

     (a) Sharps that are not ground or incinerated as described in

 

section 13811(d) shall be contained for disposal in individual

 

leakproof, rigid, puncture-resistant containers that are secured to

 

preclude loss of the contents. In addition, a container used to

 

store or transport a number of individual sharps containers shall

 

be leakproof. These containers shall be conspicuously labeled with

 

the word "sharps". Sharps that are contained pursuant to this

 

subdivision may be disposed of as solid waste pursuant to part 115

 

(solid waste management) of the natural resources and environmental

 

protection act, Act No. 451 of the Public Acts of 1994, being

 

sections 324.11501 to 324.11549 of the Michigan Compiled Laws.

 

However, sharps shall not be compacted or handled during transport

 

in a manner that will result in breakage of a sharps container.

 

     (b) Medical waste other than sharps shall be contained in bags

 

other than body pouches or other containers that are impervious to

 

moisture and have a strength sufficient to resist ripping, tearing,

 

breaking, or bursting under normal conditions of usage or handling.

 

The bags or containers shall be secured so as to prevent leakage

 

during storage, handling, or transport.

 

     (1) Medical waste that is decontaminated and packaged in

 

accordance with section 13809 or 13810, as applicable, and section

 

13811 may be disposed of as solid waste pursuant to part 115 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.11501 to 324.11550.

 

     (2) Hazardous waste, as defined in section 11103 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.11103, shall not be disposed of as medical waste.

 

     Sec. 13823. (1) If A person who discovers suspected medical

 

waste is discovered on any land or water in the this state and

 

reported to the department of natural resources, the department of

 

public health, a local health department, the department of state

 

police, or any other state or local governmental agency, the agency

 

or department receiving the report shall promptly investigate to

 

confirm the existence of medical waste. If the existence of medical

 

waste is confirmed by a department or agency other than the

 

department of natural resources, a report shall be transmitted

 

immediately to the department of natural resources. shall report

 

the medical waste to the department. The department of natural

 

resources may if appropriate take measures to contain the medical

 

waste, to close off the area, to remove the medical waste from the

 

environment, and to do all things necessary to otherwise protect

 

the public health, safety, and welfare and the environment. The

 

department of natural resources may if appropriate conduct an

 

investigation to determine the source of the medical waste.

 

     (2) The department of natural resources may consult with the

 

department of public health, the appropriate local health

 

department, the department of state police, and the department of

 

attorney general on the actions taken by the department of natural

 

resources under this section.

 

     (3) After the department of natural resources confirms the

 

existence of medical waste under this section, the department of

 

natural resources shall inform the legislature, the governor, the

 

advisory council, and the public on the results of any

 

investigation conducted within 30 days after the investigation is

 

completed.

 

     Sec. 13825. (1) If there is a suspected violation of this part

 

on the premises of a health facility or agency or on the premises

 

of an incinerator owned and operated by a health facility or agency

 

If the department suspects that a producing facility has violated

 

this part or rules promulgated under this part, the department of

 

public health shall promptly conduct an investigation to confirm

 

the violation. If the suspected violation is reported to the

 

department of natural resources, a local health department, the

 

department of state police, or any other state or local

 

governmental agency, the report immediately shall be transmitted to

 

the department of public health. If the investigation confirms the

 

existence of a violation of this part or rules promulgated under

 

this part, the department of public health may if appropriate take

 

measures to correct the violation and to do all things necessary to

 

protect the public health, safety, and welfare and the environment.

 

     (2) The department of public health may consult with the

 

department of natural resources, the appropriate local health

 

department, the department of state police, and the department of

 

attorney general on the actions taken by the department of public

 

health under this section. If the suspected violation of this part

 

is at an incinerator owned and operated by a health facility or

 

agency, the department of public health immediately shall notify

 

the department of natural resources and request the assistance of

 

the department of natural resources in conducting the

 

investigation.

 

     (3) If the department of public health confirms the existence

 

of a violation under this section, the department of public health

 

shall inform the legislature, the governor, the advisory council,

 

and the public on the results of the investigation conducted within

 

30 days after the investigation is completed.

 

     Sec. 13827. (1) The interdepartmental medical waste advisory

 

council is created in the department. The council shall consist of

 

the following members appointed as follows:

 

     (a) One individual appointed by the director of public health

 

representing the department.

 

     (b) One individual appointed by the director of the department

 

of natural resources representing the department of natural

 

resources.

 

     (c) One individual appointed by the director of the department

 

of state police representing the department of state police.

 

     (d) One individual appointed by the director of commerce

 

representing the department of commerce, who has knowledge of

 

tourism in the state.

 

     (e) One individual appointed by the attorney general

 

representing the department of the attorney general.

 

     (2) The representative of the department shall serve as

 

chairperson.

 

     (3) The advisory council The department shall do all of the

 

following:

 

     (a) Collect data pertaining to medical waste reports and

 

investigations under this part.

 

     (b) Annually report to the governor , and the standing

 

committees in the senate and house of representatives with

 

jurisdiction over public health matters , the department of public

 

health, and the department of natural resources on all of the

 

following:

 

     (i) The number of medical waste reports received and

 

investigations conducted under this part.

 

     (ii) The implementation and effectiveness of this part.

 

     (iii) Changes in the overall regulatory scheme pertaining to

 

medical waste, including, but not limited to, the enactment of

 

pertinent federal law.

 

     (iv) Recommendations, if any, that the advisory council

 

department has for changes to this part or any other state statute

 

or rule that pertains to medical waste.

 

     (v) Coordinate reports and investigations under this part

 

between the department of public health and the department of

 

natural resources.

 

     Sec. 13829. (1) The medical waste emergency response fund is

 

created in the state treasury.

 

     (2) The state treasurer shall deposit in the fund all of the

 

following:

 

     (a) All money received pursuant to this act and all part,

 

except for civil fines, costs, and damages under section 13831 and

 

penal fines under section 13833.

 

     (b) All money received by designated for the fund as otherwise

 

provided by law.

 

     (3) The state treasurer shall direct the investment of the

 

fund. Interest and earnings of the fund shall be credited to the

 

fund. Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not revert to the general fund.

 

     (4) The department shall be the administrator of the fund for

 

auditing purposes.

 

     (5) (4) Not The department shall expend money from the fund,

 

upon appropriation, only for the following purposes:

 

     (a) Not more than 80% of the total amount in the fund shall be

 

used by the department of public health for administrative for

 

expenses related to the implementation administration and

 

enforcement of this part. , and the balance may be used by the

 

department of natural resources for

 

     (b) For response activities necessitated by addressing the

 

release of medical waste into the environment.

 

     (c) For programs relating to medical waste reduction,

 

management, and education.

 

     Sec. 13830. (1) The department shall may promulgate rules to

 

prescribe training standards for both medical and nonmedical

 

personnel who handle medical waste in producing facilities

 

implement this part.

 

     (2) Each producing facility shall train its personnel who

 

handle medical waste pursuant to the rules promulgated under

 

subsection (1).

 

     Sec. 13831. (1) Except as provided in subsection (2), a person

 

who violates this part or a rule promulgated under this part is

 

subject to an administrative fine of not more than $2,500.00 for

 

each violation and an additional fine of not more than $1,000.00

 

for each day during which the violation continues. For a first

 

offense, the department of public health or the department of

 

natural resources may postpone the levying of a fine under this

 

subsection for not more than 45 days or until the violation is

 

corrected, whichever occurs first.

 

     (2) A person who fails to register with the department or have

 

a medical waste management plan available for inspection in

 

compliance with sections 13813 and 13817 is subject to an

 

administrative fine of $500.00.

 

     (3) A person who violates this act may be enjoined by a court

 

of competent jurisdiction from continuing the violation.

 

     (1) The department may request that the attorney general bring

 

an action in the name of the people of this state for any

 

appropriate relief, including injunctive relief, for a violation of

 

this part or rules promulgated under this part.

 

     (2) In addition to any other relief provided under this

 

section, the court may impose on any person in violation of this

 

part or rules promulgated under this part a civil fine as follows:

 

     (a) Except as provided in subdivision (b), a civil fine of not

 

more than $2,500.00 for each violation and an additional civil fine

 

of not more than $1,000.00 for each day during which the violation

 

continues.

 

     (b) A civil fine of $500.00 for failure to register with the

 

department under section 13813 or 13815 or to make a medical waste

 

management plan under section 13817 or a trauma scene waste

 

management plan under section 13815 available to the department as

 

required under those sections, respectively.

 

     (3) In addition to any other relief provided by this section,

 

the court may order a person who violates this part or rules

 

promulgated under this part to pay an amount equal to all of the

 

following:

 

     (a) Costs to contain or remove medical waste or take action

 

necessary to protect public health, safety, or welfare or the

 

environment incurred by this state or a local unit of government as

 

a result of the violation.

 

     (b) Costs of surveillance or enforcement incurred by this

 

state or a local unit of government as a result of the violation.

 

     (c) The full value of damage done to the natural resources of

 

this state.

 

     (4) Money collected under subsection (2) shall be deposited in

 

the state general fund. Money collected under subsection (3) shall

 

be deposited in the fund. However, if a local unit of government

 

incurred costs described in subsection (3)(a) or (b), the court may

 

order that money collected under subsection (3)(a) or (b),

 

respectively, in an amount not exceeding the costs incurred by the

 

local unit of government under subsection (3)(a) or (b),

 

respectively, instead be forwarded to that local unit of

 

government.

 

     Sec. 13832. The department may issue a cease and desist order

 

to correct a violation of this part or a rule promulgated under

 

this part if the violation is causing an imminent public health

 

hazard or threat to the environment.

 

     Sec. 13833. A person who violates this part, a rule

 

promulgated under this part, or a final order pursuant to this part

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 6 months or a fine of not more than $1,000.00, or both, plus

 

any payment ordered under section 13831(3). Each day upon which a

 

violation described in this section occurs is a separate offense.