Omnicare settles hazardous waste allegations with N.H. AG

By Bryan Cohen | Mar 19, 2014

CONCORD, N.H. (Legal Newsline) - New Hampshire Attorney General Joseph Foster announced a settlement on Monday with an Ohio-based, long-term care mail order pharmacy operator that allegedly engaged in hazardous waste violations.

Omnicare Inc., doing business as Omnicare of New Hampshire, operates community-based, long-term care mail order pharmacies that primarily serve group living facilities like jails, assisted living facilities and nursing homes. Omnicare generates most of its hazardous waste through its product return program.

Omnicare allegedly failed to identify some pharmaceutical wastes as hazardous wastes and then shipped the wastes to unauthorized processing facilities.

There are 30 pharmaceuticals identified as hazardous waste and numerous other pharmaceuticals considered to be hazardous due to their characteristics. Hazardous pharmaceuticals may be reactive, corrosive, ignitable or toxic.

To ensure waste pharmaceuticals are managed properly as hazardous waste, they must be identified by the pharmacy when they are discarded. New Hampshire law requires that hazardous waste be handled and disposed of in accordance with New Hampshire's Hazardous Waste Rules. This keeps the waste from harming the environment or human health.

Under the terms of the settlement, Omnicare must pay $298,100 to the state.

The alleged violations were discovered during a Department of Environmental Services inspection in October 2011. Omnicare corrected the issues and was cooperative throughout this matter.

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