§ 20-32-101. Definitions
As used in this chapter: (1) “Commercial medical waste” means any medical waste transported from a generator to an off-site disposal facility when the off-site disposal facility is engaged in medical waste disposal for profit; (2) [Repealed.] (3) “Facility” means all contiguous land and structures, other appurtenances, and improvements on the land, used for treating, […]
§ 20-32-102. On-site facility
A healthcare facility accepting medical waste for disposal from the physicians and surgeons who are on the staff of the healthcare facility shall be classified as an on-site facility and shall not be subject to this chapter.
§ 20-32-103. Penalties
(a) Any person who violates any provision of this chapter shall be guilty of a felony. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year, or a fine of not more than twenty-five thousand dollars ($25,000), or both. (b) In addition, any person who violates any provision of […]
§ 20-32-104. Disposition of fees and fines
(a) All fees and fines levied and collected under §§ 20-32-103 and 20-32-107 are declared to be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund to be used exclusively for the enforcement of laws and regulations pertaining to the segregation, packaging, storage, transportation, treatment, and disposal […]
§ 20-32-105. Authorization to stop vehicles suspected of transporting commercial medical waste
(a) (1) The Division of Arkansas State Police and the enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation may stop vehicles suspected of transporting commercial medical waste to assure that all required permits for transporting the commercial medical waste have been obtained and to enforce all laws and rules […]
§ 20-32-106. Rules
(a) The Department of Health may regulate the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities. (b) These rules shall include: (1) Criteria for issuing operational licenses to treaters or disposers, and transporters of commercial medical waste; (2) Criteria for issuing permits and permit modifications to facilities; (3) Developing […]
§ 20-32-107. License to transport, treat, or dispose
(a) No person may transport, treat, or dispose of commercial medical waste without first obtaining an operating license from the Department of Health. (b) The treater or disposer, or transporter shall submit an application for an operating license and an application fee of two hundred fifty dollars ($250). (c) Upon issuance of the operating license, […]
§ 20-32-108. Applications — Procedure generally
(a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under § 8-6-1301 et seq. (b) No person shall operate or construct a commercial medical waste facility without submitting an application for a permit or permit modification to the Department of […]
§ 20-32-109. Location requirements
No applications shall be accepted nor shall permits be issued pursuant to § 20-32-108 by the Department of Health for the construction or operation of a facility in which any of the following factors is present: (1) The location of the facility is within a “regulatory floodway”, as adopted by communities participating in the national […]
§ 20-32-110. Transportation requirements
(a) No operational licenses shall be issued to any transporter of commercial medical waste unless that transporter shows evidence that: (1) Each vehicle used for the transportation of commercial medical waste is covered by liability insurance in an amount specified by the Department of Health; and (2) The liability insurance is issued by a company […]