HR 288 IH
101st CONGRESS
1st Session
 H. R. 288
To protect the Chesapeake Bay from the disposal of medical waste, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1989
Mr. MCMILLEN of Maryland introduced the following bill; which was referred
jointly to the Committees on Energy and Commerce, the Judiciary, Merchant
Marine and Fisheries, Public Works and Transportation, and Science, Space,
and Technology
A BILL
To protect the Chesapeake Bay from the disposal of medical waste, and for
other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. TITLE.
  This Act may be cited as the `Chesapeake Bay Medical Waste Control Act'.
SEC. 2. PROHIBITION ON MEDICAL WASTE IN CHESAPEAKE BAY WATERS.
  (a) PROHIBITED ACTS- No person shall dump, discharge, dispose of, or
  transport for dumping, discharge, or disposal, medical waste into the
  waters or along the shores of the Chesapeake Bay.
  (b) Penalties-
  (1) CIVIL- Any person who violates this section shall be subject to a civil
  penalty of not more than $50,000 per violation. Each day of a continuing
  violation is a separate offense.
  (2) CRIMINAL- In addition to any civil penalty assessed under this section,
  a person who knowingly violates this section shall be fined not more than
  $250,000, imprisoned for not more than five years, or both.
  (c) ENFORCEMENT- The Administrator of the Environmental Protection Agency
  may assess a civil penalty under this subsection after the person charged
  has been given notice and an opportunity for a hearing.
SEC. 3. REGULATION OF MEDICAL WASTE IN CHESAPEAKE BAY.
  (a) REGULATIONS- Not later than 9 months after the date of the enactment
  of this Act, the Administrator of the Environmental Protection Agency,
  after consulting with appropriate Chesapeake Bay area State officials,
  shall promulgate regulations governing the generation, transportation,
  storage, treatment, and disposal of medical waste in the Chesapeake Bay
  States. These regulations shall include--
  (1) a broad definition of medical waste that--
  (A) takes into consideration the ability of a generator to readily determine
  the infectious quality of the medical waste;
  (B) includes--
  (i) isolation wastes, as defined by the Centers for Disease Control;
  (ii) cultures and stocks of infectious agents and associated biologicals;
  (iii) human blood and blood products;
  (iv) pathological wastes;
  (v) wastes that are potentially infectious and might cause punctures or cuts,
  such as hypodermic needles, syringes, scalpel blades, pasteur pipettes,
  and broken glass;
  (vi) contaminated animal carcasses, body parts, and bedding;
  (vii) wastes from surgeries and autopsies;
  (viii) dialysis unit wastes;
  (ix) contaminated medical and laboratory equipment; and
  (x) any other waste that has been in contact with infectious agents;
  (C) applies to any amount of medical waste generated; and
  (D) excludes medical waste generated by home self care;
  (2) standards for generators, transporters, and owners and operators of
  facilities for the storage of medical waste similar to those established
  in subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6901-6991i); and
  (3) any other requirements necessary to protect human health and the
  environment of the Chesapeake Bay.
  (b) REVIEW OF STATE METHODS- Not later than 9 months after the date of the
  enactment of this Act, the Administrator of the Environmental Protection
  Agency shall review the adequacy of Chesapeake Bay area State medical waste
  treatment and disposal methods and report to the Congress the results of
  such review.
SEC. 4. CHESAPEAKE BAY MONITORING AND RESEARCH.
  The Under Secretary of Commerce for Oceans and Atmosphere, in consultation
  with the Administrator of the Environmental Protection Agency, shall conduct
  a monitoring and research program under title II of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (33 U.S.C. 1441-1445). Such program
  shall be designed to protect human health and the environment from the
  adverse effects of medical waste found in and along the shores of the
  Chesapeake Bay, and shall include an assessment of currents, winds, and
  other relevant environmental factors.
SEC. 5. CHESAPEAKE BAY MEDICAL WASTE REDUCTION.
  (a) GUIDANCE- Not later than 18 months after the date of the enactment of
  this Act, the Administrator of the Environmental Protection Agency shall
  issue guidance on methods to reduce the volume and infectious quality
  of medical waste to all generators of such waste located in Chesapeake
  Bay States.
  (b) CONGRESSIONAL NOTICE- The Administrator of the Environmental Protection
  Agency shall provide to the Congress, in a timely manner, copies of the
  guidance prepared under subsection (a).
SEC. 6. EFFECT ON STATE AND LOCAL LAWS.
  Nothing in this Act shall be construed to prohibit any Chesapeake Bay State
  or local government unit from imposing or enforcing any requirement regarding
  medical waste which is more stringent than the requirements established
  by the Administrator of the Environmental Protection Agency under section 3.
SEC. 7. DEFINITIONS.
  For purposes of this Act--
  (1) the term `Chesapeake Bay' means the body of water bordered by Maryland,
  Virginia, Pennsylvania, and the District of Columbia;
  (2) the term `Chesapeake Bay State' means any of the States of Maryland,
  Virginia, Pennsylvania, and the District of Columbia.