PRINTER'S NO. 1314
No. 1156 Session of 1991
INTRODUCED BY GAMBLE, GEORGE, HASAY, LAUGHLIN, STEELMAN, TRELLO,
M. N. WRIGHT, KOSINSKI, GIGLIOTTI, BELARDI, PISTELLA, FOX,
STABACK, FAIRCHILD, COLAIZZO, PHILLIPS, FEE, ANGSTADT,
BILLOW, JOSEPHS, CAWLEY, HARPER, FARMER, HESS, WOGAN,
BELFANTI, DeLUCA, E. Z. TAYLOR, TANGRETTI, RUDY, BUNT,
HALUSKA, JOHNSON AND D. R. WRIGHT, APRIL 16, 1991
REFERRED TO COMMITTEE ON CONSERVATION, APRIL 16, 1991
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the discard of
3 chemotherapeutic and infectious waste materials.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6506. Discarding chemotherapeutic waste or infectious waste.
9 (a) Offense defined.--A person commits an offense if he
10 allows or causes the discard of any chemotherapeutic waste or
11 infectious waste, whether or not autoclaved, incinerated,
12 sterilized or purportedly sterilized or otherwise treated and
13 with or without a permit from the Commonwealth or any
14 subdivision or instrumentality thereof, within one mile of a
15 building which is owned by a school district or parochial or
16 private school and is used for instructional purposes, or within
1 one mile of a park or playground owned and utilized by that
2 school district or school.
3 (b) Penalty.--A person who violates this section commits a
4 misdemeanor of the third degree for the first offense, a
5 misdemeanor of the second degree for the second offense and a
6 misdemeanor of the first degree for the third or any subsequent
7 offense.
8 (c) Definitions.--As used in this section, the following
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Chemotherapeutic waste." Waste resulting from the
12 production or use of antineoplastic agents used for the purpose
13 of stopping the growth of malignant cells.
14 "Discard." Abandonment, deposit, discharge, disposal,
15 dumping, injection, leaking, placing or spilling into or on the
16 land or water in a manner that the waste or a constituent of it
17 enters the environment, is emitted into the air or is discharged
18 into the waters of this Commonwealth.
19 "Infectious waste." Waste which is, was or may be
20 contaminated by a disease-producing micro-organism or material
21 which may harm or threaten human health. The term includes the
22 following wastes unless they are generated by individual
23 residences:
24 (1) Wastes generated by hospitalized patients who are
25 isolated, or on blood and body fluid precautions, in order to
26 protect others from their severe and communicable diseases.
27 (2) Cultures and stocks of etiologic agents.
28 (3) Animal waste blood and animal blood products which
29 are known or are suspected to contain contagious zoonotic
30 pathogens, and human waste blood and blood products.
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1 (4) Tissues, organs, body parts, blood and body fluids
2 that are removed during surgery and autopsy.
3 (5) Wastes generated by surgery or autopsy or septic
4 cases or patients with infectious diseases.
5 (6) Wastes that were in contact with pathogens in any
6 type of laboratory work, including collection containers,
7 culture dishes, slides, plates and assemblies for diagnostic
8 tests, and devices used to transfer, innoculate and mix
9 cultures.
10 (7) Sharps.
11 (8) Wastes that were in contact with the blood of
12 patients undergoing hemodialysis at hospitals or independent
13 treatment centers.
14 (9) Carcasses and body parts of animals exposed to
15 contagious zoonotic pathogens.
16 (10) Animal bedding and other wastes that were in
17 contact with animals suffering from contagious zoonotic
18 diseases due to natural infection or laboratory research and
19 their excretions, secretions, carcasses or body parts.
20 (11) Waste biologicals, for example, vaccines, produced
21 by pharmaceutical companies for human or veterinary use.
22 (12) Food and other products that are discarded because
23 of contamination with etiologic agents.
24 (13) Equipment and equipment parts contaminated with
25 etiologic agents.
26 Section 2. This act shall take effect immediately.
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