ORD 1990-32 - Health Care Waste, Garbage Defined, Etc. 12-04-1990ORDINANCE NO. 90-32-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING CHAPTER 9, GARBAGE, REFUSE
AND RUBBISH, OF ITS CODE OF ORDINANCES BY ADOPTING A NEW
ARTICLE VIII, SPECIAL WASTES FROM HEALTH CARE RELATED
FACILITIES; DEFINING SPECIAL WASTES FROM HEALTH CARE
RELATED FACILITIES, PROHIBITING THE DISPOSAL OF SUCH
SPECIAL WASTES THROUGH THE CITY REFUSE COLLECTION
SERVICE; PROHIBITING THE DISPOSAL OF SUCH SPECIAL WASTES
AT THE CITY LANDFILL; PROVIDING A PENALTY OF UP TO
$1,000 FOR EACH VIOLATION; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT
SECTION 1. Chapter 9, Garbage, Refuse and Rubbish, of the Code of Ordinances of
the City of Huntsville, Texas, is hereby amended by the adoption of
a new Article VIII. Special Wastes from Health Care Related
Facilities, that shall read as follows:
Article VIII. Special Wastes from Health Care Related Facilities.
9 -81. Definitions.
(a) Animal Waste - Animal waste includes:
(1) carcasses of animals intentionally exposed to pathogens;
(2) body parts of animals intentionally exposed to pathogens;
(3) whole bulk blood and blood products, serum, and other blood
components from animals intentionally exposed to pathogens;
and
(4) bedding of animals intentionally exposed to pathogens.
(b) Blood and blood products - All waste bulk human blood, serum, plasma
and other blood components.
(c) Bulk - Bulk blood or body fluids shall mean a volume of 100 ml or
more.
(d) Microbiological Waste - Microbiological waste includes:
(1) cultures and stocks of infectious agents and associated
biologicals;
(2) cultures of specimens from medical, pathological,
pharmaceutical, research, clinical, commercial and industrial
laboratories;
(3) discarded live and attenuated vaccines;
(4) disposable culture dishes; and
(5) disposable devices used to transfer, inoculate and mix
cultures.
(e) Pathological Waste - Pathological waste includes but is not limited
to:
(1) human materials removed during surgery, labor and delivery,
autopsy, or biopsy, including:
(i) body parts;
(ii) tissues or fetuses;
(iii) organs; and
(iv) bulk blood and body fluids;
(2) products of spontaneous human abortions, including body parts,
tissues, fetuses, organs, and bulk blood and body fluids;
regardless of the period of gestation;
(3) laboratory specimens of blood and tissue after completion of
laboratory examination; and
(4) anatomical remains.
(f) Sharps - Sharps includes the following materials when contaminated:
(1) hypodermic needles;
(2) hypodermic syringes with attached needles;
(3) scalpel blades;
(4) razor blades and disposable razors used in surgery, labor and
delivery, or other medical procedures;
(5) pasteur pipettes; and
(6) broken glass laboratories.
(g) Special Waste from Health Care Related Facilities - A solid waste
which if improperly treated or handled may serve to transmit an
infectious disease(s) and which is comprised of the following:
(1) animal waste;
(2) bulk blood and blood products;
(3) microbiological waste;
(4) pathological waste; and
(5) sharps.
9 -82. Exemptions; Application.
(a) This article does not apply to waste generated by the operation of:
(1) single or multi - family dwellings; and
(2) hotels, motels, or other accommodations which provide lodging
and other services for the public.
(b) This article does not apply to:
(1) teeth;
(2) human tissue, including fetal tissue, donated for research or
teaching purposes, with the consent of the person authorized
to consent as otherwise provided by law, to an institution of
higher learning, medical school, a teaching hospital
affiliated with a medical school, or to a research institution
or individual investigator subject to the jurisdiction of an
institutional review board required by 42 U.S.C. Section 289;
and
(3) placentas designated for sale and obtained from a licensed
hospital or a licensed birthing center.
(c) This article does apply to special waste from health care related
facilities generated by the operation of the following publicly or
privately owned or operated health care related facilities,
including but not limited to:
(1) ambulatory surgical centers;
(2) abortion clinics;
(3) birthing centers;
(4) blood banks and blood drawing centers;
(5) clinics, including but not limited to medical, dental,
veterinary;
(6) clinical, diagnostic, pathological or biomedical research
laboratories;
(7) educational institution health centers;
(8) educational institution research laboratories;
(9) emergency medical service providers;
(10) end stage renal dialysis facilities;
(11) funeral establishments;
(12) home health agencies;
(13) hospitals;
(14) long term care facilities;
(15) mental health and mental retardation facilities, including but
not limited to hospitals, schools, and community centers;
(16) minor emergency centers;
(17) occupational health clinics and clinical laboratories;
(18) pharmacies;
(19) pharmaceutical manufacturing plants and research laboratories;
(20) professional offices, including but not limited to the offices
of physicians, and dentists;
(21) special residential care facilities; and
(22) veterinary clinical and research laboratories.
9 -83 Disposal of Special Wastes from Health Care Related Facilities through
City Refuse Collection Service or Landfill Prohibited.
(a) A person commits an offense if that person disposes of special waste
from a health care related facility by placing, or by permitting
another person to place, such special waste in any refuse container
used by the City refuse collection service.
(b) A person commits an offense if that person discards any special
waste from a health care related facility by discarding, or by
permitting another person to discard, such special waste with
routine municipal solid waste.
(c) A person commits an offense if that person disposes of special waste
from a health care related facility by discarding or placing, or by
permitting another person to discard or place, such special waste at
the City landfill.
(d) It is an affirmative defense to prosecution under this section that
the special waste from a health care related facility has been
treated by on-site incineration by the generator of the waste and is
disposed of in accordance with the provisions of 25 Texas
Administrative Code chapter 325, subchapter Y.
SECTION 2: Any person, firm, or corporation violating any provisions of this
Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of
up to one thousand dollars ($1,000) upon conviction. Each day
during or upon which said person shall violate or continue violation
of any provision of this Ordinance or non-compliance with any
requirement of this Ordinance shall constitute a distinct and
separate offense. The violation of any provision of this Ordinance
or the failure to comply with any requirement of this Ordinance
shall each constitute a distinct and separate offense.
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of
the Ordinance for any reason shall be held invalid or
unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect any of
the remaining provisions of this Ordinance.
SECTION 4: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency
and in all other respects this Ordinance shall be cumulative of
other Ordinances regulating and governing the subject matter covered
by this Ordinance.
SECTION 5: The City Secretary is hereby directed to cause the caption of this
Ordinance to be published at least twice within ten (10) days of
final passage. This Ordinance is to take effect ten (10) days after
the date of final passage.
PASSED AND APPROVED this I -4 day of December, 1990.
CITY 0 HUNTSVILLE, TEXAS
APP EDA AS TO ORM:
Scott Bounds, City Attorney