1. (1) All dental facility waters likely to come into contact with dental amalgam waste must be treated prior to discharge by an amalgam separator which is certified to ISO 11143 Standards (Dental equipment - amalgam separators) as incorporated by reference in section 370.1(e) of this Title. The amalgam separator must achieve a minimum of 99 percent removal efficiency of dental amalgam, by weight, in accordance with ISO 11143 test procedures.
2. (2) Amalgam separators in service at dental facilities prior to the effective date of this Subpart, must be certified, but only need to achieve a minimum 95 percent removal efficiency of dental amalgam, by weight, in accordance with ISO 11143 test procedures.
3. (3) For large dental facilities, the amalgam separator must meet or exceed the applicable ISO 11143 Standards set forth in paragraph (1) or (2) of this subdivision, but is not required to be ISO certified. If such a separator is not ISO certified, then the minimum removal efficiency certification must be made by a person or firm licensed to practice professional engineering in the State of New York.
4. (4) All amalgam separators must be properly sized for the volume and flow of the dental facility amalgam wastewater in accordance with the manufacturer's specifications and recommendations. The maximum allowable flow rate through the amalgam separator at the dental facility may not exceed the maximum flow rate capacity that the separator was tested at and passed in meeting the ISO standards.
5. (5) The amalgam separator must be installed, operated, and maintained in accordance with the manufacturer's specifications and recommendations. Amalgam separators must also be installed in accordance with any applicable State and local building code requirements.

6. (6) The amalgam separator must be placed in service in accordance with the requirements of this Subpart as follows:

   1. (i) for dental facilities that begin operations after the effective date of this Subpart, the amalgam separator must be placed in service prior to beginning operation; or
   2. (ii) for dental facilities operating on the effective date of this Subpart, the amalgam separator must be placed in service no later than two years after the effective date of this Subpart.

7. (7) Dental facilities where dental amalgam is not placed or removed, including facilities where the specialties of orthodontics, periodontics, prosthodontics and oral and maxillofacial surgery are exclusively performed, are exempt from the requirements to install an amalgam separator.

   (b) Dental amalgam waste storage.

8. (1) All dental amalgam wastes must be collected and stored in air-tight, leak-proof and structurally sound containers.
9. (2) The containers holding the dental amalgam waste must have a label that includes, at a minimum, the type of the dental amalgam waste contained therein and the date waste was initially placed in the container.
10. (3) The containers holding the dental amalgam waste must be tightly closed except when adding or removing dental amalgam waste.

11. (4) Length of storage of dental amalgam waste within the dental facility must not exceed one year from the date waste was initially placed in the container.

    (c) Recycling of dental amalgam waste and elemental mercury.

12. (1) All dental amalgam waste and elemental mercury generated by the dental facility must be sent for mercury recycling.

13. (2) Written or electronic certification from the collection service or recycler must be obtained by the dental facility, documenting:

    1. (i) the name and address of the collection service;
    2. (ii) the amount, by weight, of dental amalgam waste and elemental mercury collected and the date it was collected; and

    3. (iii) the name and address of the facility where the dental amalgam waste and elemental mercury will ultimately be recycled, and certification that the mercury contained in the waste was destined for recycling.

       (d) Recordkeeping and inspection.

14. (1) Records must be maintained at the dental facility documenting:

    1. (i) the type of amalgam separator(s) installed, manufacturer's model number, unit specifications, date the unit was placed in service and number of chair units serviced by the separator;
    2. (ii) a description of all maintenance performed on the amalgam separator(s) and the date of completion of such maintenance;
    3. (iii) the amount, by weight, of dental amalgam waste sent for recycling of mercury, on an annual basis; and
    4. (iv) copies of the correspondence required by paragraph (c)(2) of this section.
15. (2) The records required under subparagraph (1)(i) of this subdivision must be maintained as long as the amalgam separator is in use at the dental facility. The records required under subparagraphs (1)(ii) through (iv) of this subdivision must be maintained for a minimum of three years.
16. (3) Written notification when an amalgam separator is installed must be provided to the sewage treatment works or sewer authority that the wastewater discharge is tributary to, if applicable. Such notification must be submitted no later than 30 days following the applicable deadline specified under paragraph (a)(6) of this section and must contain the dental facility name; facility location including street address and municipal subdivision, i.e., city, town, or village; telephone number; and the information specified in subparagraph (1)(i) of this subdivision.

17. (4) The records specified in paragraph (1) of this subdivision, the amalgam separator(s) and any related equipment must be readily available for inspection by the department, or its authorized representative, upon written or verbal request.

    (e) Prohibitions.

18. (1) The use or possession of elemental mercury in the practice of dentistry is prohibited in a dental facility unless such elemental mercury is contained in appropriate pre-encapsulated capsules specifically designed for the mixing of dental amalgam.
19. (2) Elemental mercury must not be rinsed down the drain, disposed with municipal solid waste or disposed as regulated medical waste as defined in section 1389-aa of Public Health Law and section 27-1501 of Environmental Conservation Law.
20. (3) Chair-side traps, screens, vacuum pump filters or other amalgam collection devices containing dental amalgam must not be rinsed over drains or sinks that are not equipped with an amalgam separator as required under subdivision (a) of this section.
21. (4) Dental amalgam waste must not be managed as a regulated medical waste as defined in section 1389-aa of Public Health Law and section 27-1501 of Environmental Conservation Law and must not be disposed of in containers destined for treatment or disposal as regulated medical waste.
22. (5) Dental amalgam waste and collection equipment must not be disinfected by any method that utilizes heat.
23. (6) Dental amalgam waste must not be disposed of as municipal solid waste.

(a) Amalgam separators.