GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 1045*
Committee Substitute Favorable 5/10/89

Short Title:  Infectious Waste Control.	(Public)
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Sponsors:
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Referred to: 
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April 6, 1989

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH AN INFECTIOUS WASTE STUDY COMMISSION TO STUDY THE NEED FOR THE STATE TO REGULATE BIOMEDICAL AND INFECTIOUS WASTE.
Whereas, the biomedical community generates waste contaminated with pathogenic organisms capable of transmitting disease to health care and waste management workers who may be exposed to this material; and
Whereas, improperly managed infectious waste poses a potential threat to public health when untreated or when incompletely treated and discarded as general solid waste; and
Whereas, infectious waste also contributes to environmental degradation through improper treatment and disposal technologies; and
Whereas, infectious waste constitutes an environmental, health, and aesthetic problem that may not be adequately controlled by existing State regulation; and
Whereas, careful management of the infectious waste stream is necessary and desirable to protect the public and individuals who may be exposed to potential pathogens and to minimize environmental degradation caused by inadequate treatment or inappropriate disposal methods; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The Infectious Waste Study Commission is created.  The Commission shall study issues concerning the need to regulate infectious waste including the need for legislation to:
(1)	Require generators of infectious waste to register with the Department of Human Resources;
(2)	Develop a manifest based tracking system designed to require persons who generate, transport, store, treat, or dispose of infectious waste to keep records of the infectious waste;
(3)	Develop standards to control the storage, transportation, treatment, and disposal of infectious waste;
(4)	Require that persons who transport infectious waste obtain a permit from the Department of Human Resources after meeting standards developed to insure that only qualified personnel and vehicles are used to transport infectious waste;
(5)	Require that persons who operate infectious waste treatment and disposal facilities obtain a permit from the Department of Human Resources after meeting standards developed to insure that only qualified personnel, equipment, and facilities are allowed to treat and dispose of infectious waste; and
(6)	Make other requirements as necessary to protect the public from the potential health threat of improperly managed infectious waste.
Sec. 2.  The Commission shall consist of 12 members.  The Speaker of the House of Representatives shall appoint three members.  The President of the Senate shall appoint three members.  The President Pro Tempore of the Senate shall appoint three members.  The Governor shall appoint three members, one of whom shall be an employee of the Department of Human Resources whose duties include solid and infectious waste management and disposal.  Initial appointments shall be made within 30 days following adjournment of the 1989 Session of the General Assembly.  Vacancies shall be filled by the official who made the initial appointment using the same criteria as provided by this section.  The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a cochair of the Commission from their appointees.  The cochairs shall call the first meeting and preside at alternate meetings.
Sec. 3.  Commission members shall receive subsistence and travel expenses as provided in G.S. 120-3.1, 138-5, and 138-6, as applicable.
Sec. 4.  The Commission may solicit, employ, or contract for professional, technical, or clerical assistance, and may purchase or contract for the materials and services it needs.  Subject to the approval of the Legislative Services Commission, the professional and clerical staff of the Legislative Services Office shall be available to the Commission, and the Commission may meet in the Legislative Building or the Legislative Office Building.
Sec. 5.  The Commission shall submit a written report of its findings and recommendations to the 1990 General Assembly.  The Commission shall terminate upon the filing of the report.
Sec. 6.  There is appropriated from the General Fund to the General Assembly the sum of fifteen thousand dollars ($15,000) for fiscal year 1989-90 to implement this act.
Sec. 7.  This act is effective upon ratification.