Other short titles | Solid Waste Disposal Act Amendment |
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Long title | An Act to amend the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations on the management of infectious waste. |
Acronyms (colloquial) | MWTA, IWRA |
Nicknames | Infectious Waste Regulation Act of 1987 |
Enacted by | the 100th United States Congress |
Effective | November 1, 1988 |
Citations | |
Public law | 100-582 |
Statutes at Large | 102 Stat. 2950 |
Codification | |
Titles amended | 42 U.S.C.: Public Health and Social Welfare |
U.S.C. sections created | 42 U.S.C. ch. 82,subch. X § 6992 et seq. |
U.S.C. sections amended | 42 U.S.C. ch. 82,subch. I § 6901 et seq. |
Legislative history | |
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The Medical Waste Tracking Act of 1988 was a United States federal law concerning the illegal dumping of body tissues, blood wastes and other contaminated biological materials. It established heavy penalties for knowingly endangering life through noncompliance. The law expired in 1991.
The law created a two-year program that went into effect in New York, New Jersey, Connecticut, Rhode Island and Puerto Rico on June 24, 1989, and expired on June 21, 1991. [1] [2]
The H.R. 3515 legislation was passed by the 100th Congressional session and signed into law by the 40th President of the United States Ronald Reagan on November 2, 1988. [3]
Beginning on August 13, 1987, a "30-mile garbage slick" composed primarily of medical and household wastes prompted extensive closures of numerous New Jersey and New York beaches. [4] Investigations ongoing throughout the year indicated that the waste likely originated from "New York City's marine transfer stations … and the Southwest Brooklyn Incinerator and Transfer Station in particular…" [2] The then-assistant commissioner of the New Jersey Department of Environmental Protection stated his belief that the cause of pollution was intentional rather than accidental; "sealed plastic garbage bags, he said, were cut at the top, so their contents could disperse through the ocean." [4] Such a deliberate action may have arisen given the high cost (~$1500/ton) associated with the legal disposal of the waste, thus incentivizing private waste contractors to dump illegally to avoid high fees.
Ultimately the Medical Waste Tracking Act of 1988 (MWTA) arose from the aftermath of this situation. It was designed primarily to monitor the treatment of medical wastes through their creation, transportation and destruction, i.e. from "cradle-to-grave." Congress approved the bill "to amend the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations on the management of infections waste." [5] In short, Congress enacted the MWTA as a pilot study to better determine how the life cycle of medical wastes played out under federal regulations.
Section 11002 of the MWTA, "Listing of Medical Wastes," provides a listing of definitions on what materials will be classified as "medical wastes" under the act. [5] The list includes within its definitions: "cultures and stocks of infectious agents," "pathological wastes" such as body tissues, blood wastes and blood byproducts, sharps, contaminated carcasses and beddings of animals, surgery or autopsy wastes that were once in contact with infectious agents, "laboratory wastes," "dialysis wastes that were in contact with the blood of patients undergoing hemodialysis," medical equipment having come in contact with infectious agents, and further contaminated biological materials. [2] Defining what objects were to be classified as medical wastes was crucial to ensure that all municipalities under the MWTA would be monitoring similar materials.
Section 11003, "Tracking of Medical Waste," outlined how the program should manage the transportation of waste materials. [2] Four requirements were primarily identified; first, to provide a means of monitoring "the transportation of waste from the generator to the disposal facility" unless said waste had previously been incinerated. Secondly, to be able to ensure the "generator of the waste" that the waste had been "received by the disposal facility." Next to develop a uniform form for the tracking of materials across states and finally to develop a means to label and contain the wastes for the safety of the handlers.
Following this, Section 11004 on "Inspections" provides provisions allowing for agents of the EPA to "enter… any establishment… where medical wastes are or have been generated" so as to conduct "monitoring", "testing", or to "obtain samples from any person.". [5] This process would allow for the Agency to legally enter generating facilities for the purpose of determining if infectious agents and materials were being handled as prescribed by the EPA Administrator.
A major point of importance within the MWTA involves its inclusion of enforcement laws within the legislation. This becomes notable as it allows for one of the first instances in which an agency of the federal government may prosecute those charged with violation of regulations dealing with medical wastes. Following enactment of the MWTA the EPA Administrator may be allowed to "commence civil action in the United States district court in the district in which the violation occurred" against those being charged with the violation.
Penalties ranged based on the level of violation, whether it was done with intention, and if such acts endangered the lives of other individuals. Minor violations of compliance orders would have resulted in a fine of $25,000 per day of "continued noncompliance." Criminal penalties against those knowingly and intentionally violating the regulations of the MWTA may face two years of imprisonment or a $50,000 fine while those guilty of knowingly endangering the life of another through noncompliance may face upwards of fifteen years imprisonment and a $1,000,000 fine.
Through the information gathered during the promulgation of regulations for the MWTA, over a period of ten years the EPA eventually "concluded that the disease-causing potential of medical waste is greatest at the point of generation and naturally tapers off after that point... Thus, risk to the general public of disease caused by exposure to medical waste is likely to be much lower than risk for the occupationally exposed individual." [2]
After expiration of the MWTA, state environmental and health agencies have continued to regulate medical waste, rather than EPA. Other federal agencies have issued safety regulations governing the handling of medical waste, including the Centers for Disease Control and Prevention, Occupational Safety and Health Administration, and the Food and Drug Administration. [2]
Biosafety is the prevention of large-scale loss of biological integrity, focusing both on ecology and human health. These prevention mechanisms include the conduction of regular reviews of biosafety in laboratory settings, as well as strict guidelines to follow. Biosafety is used to protect from harmful incidents. Many laboratories handling biohazards employ an ongoing risk management assessment and enforcement process for biosafety. Failures to follow such protocols can lead to increased risk of exposure to biohazards or pathogens. Human error and poor technique contribute to unnecessary exposure and compromise the best safeguards set into place for protection.
The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.
Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.
Toxic waste is any unwanted material in all forms that can cause harm. Mostly generated by industry, consumer products like televisions, computers, and phones contain toxic chemicals that can pollute the air and contaminate soil and water. Disposing of such waste is a major public health issue.
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.
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The Safe Drinking Water Act (SDWA) is the principal federal law in the United States intended to ensure safe drinking water for the public. Pursuant to the act, the Environmental Protection Agency (EPA) is required to set standards for drinking water quality and oversee all states, localities, and water suppliers that implement the standards.
Environmental crime is an illegal act which directly harms the environment. These illegal activities involve the environment, wildlife, biodiversity and natural resources. International bodies such as, G7, Interpol, European Union, United Nations Environment Program, United Nations Interregional Crime and Justice Research Institute, have recognized the following environmental crimes:
Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA) or Ocean Dumping Act is one of several key environmental laws passed by the US Congress in 1972. The Act has two essential aims: to regulate intentional ocean disposal of materials, and to authorize any related research. While the MPRSA regulates the ocean dumping of waste and provides for a research program on ocean dumping, it also provides for the designation and regulation of marine sanctuaries. The act regulates the ocean dumping of all material beyond the territorial limit and prevents or strictly limits dumping material that "would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities". The MPRSA authorized the Environmental Protection Agency (EPA) to regulate ocean dumping of materials including, but not limited to, industrial waste, sewage sludge, biological agents, radioactive agents, NBC, garbage, chemicals, and biological and laboratory, as well as other wastes, into the territorial waters of the United States through a permit program. The EPA can issue permits for dumping of materials other than dredge spoils if the agency determines, through a full public notice and process, that the discharge will not unreasonably degrade or endanger human health or welfare or the marine environment. The law also has provisions related to creating marine sanctuaries, conducting ocean disposal research and monitoring coastal water quality.
Under United States environmental policy, hazardous waste is a waste that has the potential to:
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The Guam Environmental Protection Agency is a government agency of the United States territory of Guam.
Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.
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