§ 21-70. Requirements for dental facilities that remove or replace amalgam fillings.

Effective on Tuesday, November 1, 2022
  • (a) Definitions. For the purpose of this section the following words and phrases shall be as defined herein. 

    (1) Amalgam separator is a device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer. 
    (2) Amalgam waste means and includes non-contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside straps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules. 
    (3) ANSI/ADA Standard No. 108 is the American National Standards Institute and American Dentistry association standard for amalgam separators. 
    (4) Existing source is any facility subject to this section whose first discharge to the sewer collection system occurred on or before July 14, 2017. 
    (5) ISO 11143 is the International Organization for Standardization's standard for amalgam separators. 
    (6) New source is any facility subject to this section whose first discharge to the sewer system occurs after July 14, 2017 and must comply immediately upon commencement of discharge. 

    (b) All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following reporting and waste management practices: 

    (1) For existing sources, the One-Time Compliance Report is due no later than ninety (90) days after receipt of notification from the city to comply with the requirements of this Ordinance or no later than ninety (90) days after transfer of ownership. 
    (2) For new sources, the One-Time Compliance Report is due within ninety (90) days of the start of discharge to the sewer collection system. 
    (3) No person shall rinse chairside traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary sewer. 
    (4) Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management and disposal of mercury-containing material and fixer-containing solutions and shall maintain training records that shall be available for inspection by the superintendent or designee during normal business hours. 
    (5) Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials. 
    (6) Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system. 
    (7) The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted. 

    (c) All owners and operators of dental vacuum suction systems, except as set forth in subsections (d) and (e) of this section, shall comply with the following: 

    (1) An ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator or equivalent device shall be installed for each dental vacuum suction system on or before July 14, 2020; provided, however, that all dental facilities that are newly constructed on and after the effective date of this ordinance shall include an installed ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator device. The installed device must be ISO 11143 or ANSI/ADA Standard No. 108 certified as capable of removing a minimum of ninety-five (95) percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted provided that smaller units from the same manufacturer and the same technology are ISO-certified. 
    (2) Proof of certification and installation records shall be submitted to the superintendent within thirty (30) days of installation. 
    (3) Amalgam separators shall be maintained in accordance with manufacturer's recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request therefor by the superintendent or designee during normal business hours. Records shall be maintained for a minimum of three (3) years. 

    (d) Facilities with vacuum suction systems that meet all the following conditions may apply to the superintendent for an exemption to the requirements of subsection (c) of this section: 

    (1) The system is a dry vacuum pump system with an air-water separator. 
    (2) The sedimentation tank is non-bottom draining, with the drain above the anticipated maximum level of accumulated sludge. 
    (3) Evidence of regular pump outs by a licensed hauler (a minimum of one (1) year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the superintendent during normal business hours. 
    (4) The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank. 
    An owner or operator whose facility meets conditions (1) through (4) may apply for this exemption by written letter to the superintendent. The superintendent or designee will review the system, and if the exemption is approved, shall provide a written letter of exemption. 
    An exemption obtained pursuant to this subsection (d) shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with subsection (c) of this section before commencing further operation. 

    (e) Dental dischargers that exclusively practice one or more of the following specialties are not subject to the requirements of this section: (1) Orthodontics; (2) Periodontics; (3) Oral and maxillofacial surgery; (4) Radiology; (5) Oral pathology or oral medicine; (6) Endodontistry and prosthodontistry. 
    (f) Dental practices that do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, are exempt from the requirements of this part, provided the dental practice: 

    (1) Submits the following statement to the city, signed by a responsible corporate officer, general partner, proprietor, or a duly authorized representative by the applicable compliance identified in section 21-71(b): 
    "This facility is a dental discharger subject to this rule and does not place or remove dental amalgam except in limited emergency or unplanned, unanticipated circumstances. I am a responsible corporate officer, a general partner or proprietor (if the facility is a partnership or sole proprietorship), or a duly authorized representative in accordance with the requirements of § 403.12 (l) of the above named dental facility, and certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."; 
    (2) Removes dental amalgam for limited emergency or unplanned, unanticipated circumstances, less than ten (10) times per year and no more than 1% of dental procedures; and 
    (3) The dental practice notifies the (city/county/utility/authority) of any changes affecting the applicability of this certification. 

    (g) Disposal of hauled wastewater from dental facilities to the sanitary sewer must be in accordance with section 21-60(e) and section 21-59, and may be subject to industrial pretreatment requirements. 

(Ord. No. 2022-49, § 1, 11-01-22)