113Special requirements relating to clinical and related waste

#### 113 Special requirements relating to clinical and related waste 113 Special requirements relating to clinical and related waste (cf clauses 43 and 51B(a) of 2005 Reg) > > (1) A person who collects waste for disposal at a waste facility that is a landfill site, and who knows (or ought reasonably to know) that the waste includes clinical and related waste, must ensure that when collecting the waste and for so long as it remains in the person’s possession the waste is stored in a container or bag, and labelled, in accordance with the core requirements. > > > > Maximum penalty—400 penalty units in the case of a corporation, 200 penalty units in the case of an individual. > > > (2) The core requirements for storage and labelling of clinical and related waste are as follows— > > > > > (a) any sharps waste— > > > > > > > (i) must be contained in a rigid-walled container that satisfies the applicable requirements of Australian and New Zealand Standard AS/NZS 3816:1998, Management of clinical and related wastes (AS/NZS 3816:1998), and > > > > > > > (ii) must, as far as practicable, be stored separately from other waste, > > > > > (b) any clinical and related waste that is not sharps waste (and not mixed with sharps waste) must be contained in a rigid-walled container, or a bag, that satisfies any applicable requirements of AS/NZS 3816:1998, > > > > > (c) the container or bag in which the waste is contained must be labelled in accordance with AS/NZS 3816:1998. > > > (3) It is a condition of an environment protection licence that authorises the transportation of clinical and related waste that— > > > > > (a) during transportation— > > > > > > > (i) the waste is stored in a container or bag, and labelled, in accordance with the core requirements, and > > > > > > > (ii) each container or bag of the waste is placed in a rigid container that is leak proof, shatter proof and washable and has a securely fitting lid to prevent spills, and > > > > > (b) the waste is not transported in a vehicle having a waste compaction system, and > > > > > (c) a spill kit is carried in any vehicle transporting the waste that conforms with the requirements set out in the Waste Management Guidelines for Health Care Facilities, and > > > > > (d) when the waste is in the vehicle and the vehicle is unattended, the vehicle is securely locked and (except where the vehicle is a railway vehicle) parked in an area that is secure and undercover. > > > (4) The EPA may grant an exemption under Part 9 from subclause (3). > > > (5) A person must not dispose of clinical and related waste at a waste facility that is a landfill site if the occupier of the facility does not hold an environment protection licence authorising the disposal of the waste, unless— > > > > > (a) the waste facility is operated by a local authority and located outside the regulated area, and > > > > > (b) written approval of the local authority to the disposal of the waste has been obtained, and > > > > > (c) the waste has been generated outside the regulated area, and > > > > > (d) the waste does not contain any sharps waste, cytotoxic waste, radioactive waste or recognisable body parts, and > > > > > (e) the waste is stored in a container or bag, and labelled, in accordance with the core requirements, and > > > > > (f) the person disposes of the waste in amounts that do not exceed 40 kilograms at any time, and > > > > > (g) the person ensures that the waste is buried, or immediately contained, in a manner that prevents the waste coming into contact with any person or animal. > > > > Maximum penalty—400 penalty units in the case of a corporation, 200 penalty units in the case of an individual. > > > (6) The occupier of any premises comprising a hospital, day procedure centre, pathology laboratory, mortuary or medical research facility where clinical and related waste is generated must— > > > > > (a) ensure that there is a waste management plan, in respect of that waste, for the premises that is in accordance with the Waste Management Guidelines for Health Care Facilities, and > > > > > (b) designate an appropriate person or persons responsible for implementing and monitoring the plan, and > > > > > (c) ensure that the plan is retained on the premises, and > > > > > (d) make the plan available, on the request of the appropriate regulatory authority, for inspection and copying. > > > > Maximum penalty—400 penalty units in the case of a corporation, 200 penalty units in the case of an individual. > > > (7) In this clause— > > > > Waste Management Guidelines for Health Care Facilities means the publication entitled Waste Management Guidelines for Health Care Facilities(ISBN 0 7313 4060 4), issued by NSW Health in August 1998.