Agencies on both the federal and state levels set forth medical waste disposal regulations. These regulations protect the environment and maintain public health and safety, and failure to comply can lead to serious consequences.
Then, and Now
Imagine walking along a busy sidewalk and seeing a hospital’s blood-soaked gauze, used syringes, and pharmaceutical waste lying in the street. Before our nation determined a need for waste management, refuse lined the streets in most towns and cities. Waste generators routinely dumped unwanted materials along highways and in waterways. Potentially infectious materials littered streets and sidewalks, putting the entire community at risk.
In response to the rampant littering and environmental contamination at that time, Congress passed the Solid Waste Act of 1965. The bill aimed to hold waste generators responsible for properly disposing of refuse in approved locations. Later, the Resource Conservation and Recovery Act, enacted in 1976, further improved the regulation of hazardous and solid wastes.
Even under the previous laws, facilities often disposed of regulated medical waste alongside general garbage. This left landfills overrun with infected sharps, materials contaminated with potentially hazardous bodily fluids, and pharmaceutical waste that leached into the groundwater. After mounds of medical waste began washing up on East Coast shores, the Environmental Protection Agency (EPA) got involved with the Medical Waste Tracking Act of 1988. This act sought to develop a system for identifying medical waste and implementing a tracking system for medical waste generators to prove their compliance with its storage and disposal.
Since those days, several governmental bodies have gotten involved, pushing hard for regulation over the health and safety of our communities. Now, compliance with medical waste disposal regulations is not just a formality. As a generator of hazardous or non-hazardous medical waste, you have a duty to protect your community and environment from the repercussions of improper disposal.
Comply or Pay Up
Because public and environmental safety is at risk, regulatory agencies impose steep fines on individuals and organizations that fail to comply with the laws. Furthermore, the penalties can come from multiple agencies, including:
- California Department of Public Health Waste Management Program
- Environmental Protection Agency (EPA)
- Occupational Safety and Health Administration (OSHA)
- U.S. Department of Transportation
How much does a medical waste disposal violation cost? Let’s take a look.
| Regulatory Agency | Infraction | Fine |
| California Medical Waste Management Act | Administrative Penalty | $5,000 |
| Unauthorized storage, treatment, disposal | $1,000-$25,000 & up to 3 years in prison | |
| False statements or failure to register | $10,000 | |
| Resource Conservation and Recovery Act (RCRA) | Compliance | Up to $37,500 per day |
| Criminal Penalties | Up to $50,000 per day to a max of $250,000 and 15 years imprisonment | |
| Health Insurance Portability and Accountability Act (HIPAA) | Disposal Violations | Up to $1,500,000 and up to 10 years in jail |
| Occupational Safety and Health Administration (OSHA) | Serious Other-than-Serious Posting Requirements | $16,550 per violation |
| Failure to Abate | $16,550 per day | |
| Willful or Repeated Violation | $165,514 per violation | |
| Clean Air Act | Disposal Violations | Up to $295,000 and imprisonment |
| Clean Water Act | Disposal Violations | Up to $100,000 per day |
| Toxic Substances Control Act (TSCA) | Documentation Violations | Up to $1,000,000 |
| U.S. Department of Transportation (DOT) | Transportation Violations | Up to $500,000 |
| Emergency Planning and Community Right-to-Know Act (EPCRA) | Disposal Violations | In excess of $1,000,000 |
So, when considering your options, don’t ask, “Why should I comply with medical waste disposal laws?” Instead, ask yourself, “Can I afford to NOT comply with medical waste disposal regulations.”
Health and Environmental Impacts of Non-Compliance with Medical Waste Disposal Regulations
Failure to comply with medical waste storage and disposal guidelines creates health and environmental hazards for your employees, consumers, and community.
Improperly stored medical waste can lead to transmission of disease as pathogens expose those nearby, enter waterways, or become airborne. Furthermore, unsecured sharps can cause injury and exposure to deadly diseases, unsecured medications pose dangers to those who find and consume them, and infected refuse litters the environment.
If you want to reduce the chances of exposing the public to pathogens and reduce the environmental impact of your medical waste, compliance is key.
Non-Compliance with Medical Waste Disposal Regulations
Failure to comply with medical waste disposal regulations can lead to more than the steep fines imposed by federal and state agencies. They can also result in imprisonment, loss of your license, and tarnishing your reputation. Additionally, medical waste compliance violations will hit large and small companies alike, having significant impacts on their bottom line.
Check out these news articles concerning medical waste disposal violations:
- California Walmart to Pay $7.5 million for improper disposal of over-the-counter drugs and other hazardous waste.
- Walmart in San Diego was ordered to pay $27.6 million for hazardous waste disposal violations.
- Quest Diagnostics was ordered to pay nearly $5 million for improper disposal of hazardous and medical garbage.
- Stericycle, a medical waste disposal company, was fined $9.5 million for violations.
Ensure Compliance with Medical Waste Disposal Regulations
If you want to ensure that your facility is in compliance with medical and biohazard waste disposal regulations, start by partnering with a medical waste disposal company that prioritizes compliance. While you are responsible for providing oversight within your organization, having a partner who stays up to date on all current and upcoming policies is helpful in keeping you abreast of your responsibilities.
MedWaste Management regularly publishes and updates pertinent California regulations. Furthermore, owners and staff prioritize understanding and abiding by the laws, helping you stay on track. If you have questions concerning your responsibilities, they’re here to help, including guiding you on pertinent compliance issues such as:
- Proper classification of medical waste
- Adequate storage of medical waste
- Determining appropriate pickup frequency
- Documentation and record-keeping
- Proper medical waste transportation
- Paper compliance and shred-it services
- Other MW solutions
If you’re in charge of your organization’s medical garbage disposal, you must ensure compliance from day one. If you’re unsure where to start, check out our blog for help in choosing the right medical waste disposal service, transitioning to a new medical waste disposal service without disrupting operations, determining the difference between hazardous waste and biohazardous waste, pinpointing the perfect pickup schedule for your needs, and more.
We are MedWaste Management – California’s medical waste disposal experts!
Established in 2008, MedWaste Management fills a need for compliant and safe medical waste disposal in the healthcare industry and the general public alike. We publish this blog to share valuable and practical information to help you stay safe, informed, and healthy!
Call us with any questions or to start service at (866) 254-5105. We are always happy to help!
Check out our services and other great resources in the links below.
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Learn How To Properly Manage & Dispose of Household Medical Waste
Tammy McKinney, RN, is a healthcare writer and seasoned registered nurse. With experience in acute care, long-term care, rehabilitation, drug & alcohol, and hospice & palliative care, she combines her medical understanding with her love for writing to educate and inform the public
