Medical Waste Regulations in New York (2026)
Generator registration, storage limits, approved treatment, transport rules, and penalties under NYSDEC and NYSDOH (Wadsworth Center), jointly, with the primary statute behind every line.
New York medical waste rules at a glance
| Governing agency | NYSDEC and NYSDOH (Wadsworth Center), jointly |
|---|---|
| Primary statute / rule |
|
| Generator registration | New York does not issue a separate generator registration number; the program covers all RMW generators (about 36,000 statewide) by facility type. Generators must keep records identifying quantities produced and their disposition, comply with the Environmental Conservation Law tracking system, and file an annual report with the Commissioner of Environmental Conservation (PHL 1389-bb). [source] |
| On-site storage time limit | Regulated medical waste may not be stored more than 30 days, except a site generating under 50 pounds per month may store it up to 60 days. Within a facility, RMW other than sharps may be held in patient care areas no more than 24 hours and in a clinical laboratory no more than 72 hours before moving to a storage area, which must keep waste at a temperature that prevents rapid decomposition and odor (10 NYCRR 70-2.2). [source] |
| Approved treatment methods |
|
| Transport / manifest rules | Off-site RMW haulers must hold a valid 6 NYCRR Part 364 waste transporter permit or registration and must complete the Medical Waste Tracking Form. The tracking-document requirements come from the Environmental Conservation Law, and Part 364 tracking documents must be submitted to NYSDEC. [source] |
| On-site treatment allowed? | Yes. On-site treatment by autoclaving, incineration, or another department-approved technology is permitted where it renders the waste noninfectious or fully combusted. DOH oversees on-site treatment at hospitals, diagnostic and treatment centers, residential health care facilities, and clinical laboratories; DEC oversees non-DOH facilities. Untreated RMW may not be landfilled. [source] |
| Penalty range | Under PHL 1389-gg, a first violation carries a civil penalty up to $2,500 plus up to $1,000 for each day it continues; subsequent violations carry up to $5,000 each plus up to $2,500 per day. Violators may be enjoined and have permits revoked or suspended. These penalties may not be paid from Medicaid or Medicare funds. [source] |
What is unique about New York
New York splits RMW oversight between two agencies and ties storage time to monthly generation volume. The DOH (Wadsworth Center) regulates on-site handling and treatment at hospitals, diagnostic and treatment centers, residential health care facilities, and clinical laboratories, while the DEC regulates off-site transport and all non-DOH facilities. A site generating under 50 pounds of RMW per month gets a 60-day storage window; everyone else is capped at 30 days (10 NYCRR 70-2.2).
Frequently asked questions
Who regulates regulated medical waste in New York?
It is administered jointly. NYSDOH, through the Wadsworth Center, regulates on-site management and treatment at hospitals, diagnostic and treatment centers, residential health care facilities, and clinical laboratories under PHL Article 13 Title 13 and 10 NYCRR Part 70. NYSDEC regulates off-site transport, all generators, and non-DOH treatment, storage, and disposal facilities.
How long can RMW be stored on site in New York?
No more than 30 days, except a site generating under 50 pounds of RMW per month may store it up to 60 days. Within a facility, RMW other than sharps may be held in patient care areas no more than 24 hours and in a clinical laboratory no more than 72 hours, and storage areas must keep the temperature low enough to prevent rapid decomposition and odor (10 NYCRR 70-2.2).
Does a New York medical waste hauler need a permit, and is a manifest required?
Yes. Off-site RMW transporters must hold a valid 6 NYCRR Part 364 waste transporter permit or registration and must complete the Medical Waste Tracking Form. The tracking-document requirements come from the Environmental Conservation Law, and Part 364 tracking documents must be submitted to NYSDEC.
What are the penalties for violating New York's RMW rules?
Under PHL 1389-gg, a first violation can bring a civil penalty up to $2,500 plus up to $1,000 for each day it continues; repeat violations can reach $5,000 each plus up to $2,500 per day, with possible injunctions and permit revocation. Such penalties cannot be paid from Medicaid or Medicare funds.
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