SECTIONS 117800-117910 - California Statutes

HEALTH AND SAFETY CODE

SECTION 117800-117910

117800. A local agency may implement a medical waste management
program by the adoption of an ordinance or resolution by the local
governing body, in accordance with this part.

117805. Except as provided in subdivision (a) of Section 117810, a
local agency that elects to implement a medical waste management
program shall notify the department within 90 days from the effective
date of the act enacting this part.

117810. (a) If a local agency does not elect to implement a medical
waste management program, the local agency may elect to contract
with another local agency to implement a medical waste management
program or to implement it at a later date.
This election shall be made by the local governing body, that
shall take effect 90 days after a notice of election is filed with
the department.
(b) A local agency that elects to implement a medical waste
management program shall continue to implement that program until the
local governing body terminates the election by resolution or
ordinance or the department revokes the authority of the local agency
to administer a medical waste management program. The local agency
shall file the notice of termination with the department at least 180
days prior to the termination date.

117815. Any local agency that has elected to implement a medical
waste management program shall maintain a program that is consistent
with Section 117820 and the regulations adopted pursuant to that
section. With the approval of the department, the local agency may
administer or enforce this part with respect to any person.

117820. A medical waste management program shall include, but not
be limited to, all of the following:
(a) Issuing medical waste registrations pursuant to Chapter 5
(commencing with Section 117950) and permits pursuant to Chapter 7
(commencing with Section 118130).
(b) Processing and reviewing the medical waste management plans
and inspecting onsite treatment facilities in accordance with Chapter
4 (commencing with Section 117925) for all small quantity medical
waste generators required to be registered.
(c) Conducting an evaluation, inspection, or records review for
all facilities or persons issued a large quantity medical waste
registration pursuant to Chapter 5 (commencing with Section 117950)
or issued a permit for an onsite medical waste treatment facility
pursuant to Section 118130.
(d) Inspecting medical waste generators in response to complaints
or emergency incidents, or as part of an investigation or evaluation
of the implementation of the medical waste management plan.
(e) Inspecting medical waste treatment facilities in response to a
complaint or as part of an investigation or emergency incident.
(f) Taking enforcement action for the suspension or revocation of
medical waste permits issued by the local agency pursuant to this
part.
(g) Referring or initiating proceedings for civil or criminal
prosecution of violations specified in Chapter 10 (commencing with
Section 118335).
(h) Reporting in a manner determined by the department so that the
statewide effectiveness of the program can be determined.

117825. Each local enforcement agency that elects to implement the
medical waste management program may prescribe, by resolution or
ordinance, the registration and permit fees necessary to pay its
reasonable expenses to administer the program.

117830. (a) A local agency electing to implement a medical waste
management program is the enforcement agency for the jurisdiction
where it is located and so designated by the department.
(b) In any local jurisdiction where the local agency does not
elect to implement a medical waste management program, the department
is the enforcement agency.
(c) Nothing in this chapter shall prevent a district attorney,
city attorney, or city prosecutor from bringing any enforcement
action for violation of this chapter.

117835. The department shall establish and maintain a data base of
persons registered under Chapter 4 (commencing with Section 117925)
and persons registered under Chapter 5 (commencing with Section
117950) for whom the department is the enforcement agency.

117840. It is the intent of the Legislature that the program
carried out pursuant to this part be fully supported from the fees
received pursuant to this part.

117845. The department shall implement this part so as to maximize
the funds that may be received from the federal government.

117850. Information may be shared between the department and the
Environmental Protection Agency.

117855. If the department finds that a local enforcement agency is
not consistently fulfilling its responsibilities, the department
shall notify the agency of the particular reasons for finding that
the agency is not fulfilling its responsibilities and of the
department's intention to withdraw its designation if, within a time
to be specified in that notification, but in no event less than 30
days, the agency does not take the corrective action specified by the
department.

117860. If the department withdraws its designation of a local
enforcement agency, the department shall become the enforcement
agency within the jurisdiction of the local enforcement agency.

117870. If the department identifies significant violations of
minimum requirements that were not identified and resolved through
previous inspections by the local enforcement agency, the department
shall do all of the following:
(a) Conduct a performance review of the agency within 120 days.
(b) Prepare a written performance report within 60 days of the
review.
(c) Require the submission of a plan of correction by the agency
within 90 days of receiving the report.

117875. The department shall withdraw a local enforcement agency's
designation pursuant to Section 117860 if it determines that the
enforcement agency has failed to submit an adequate plan of
correction or has failed to implement the plan.

117880. If the department becomes the enforcement agency, it may
charge the fees specified in this part.

117885. (a) There is in the State Treasury the Medical Waste
Management Fund, that shall be administered by the director. Money
deposited in the fund shall be available to the department, upon
appropriation by the Legislature, for the purposes of this part.
(b) In addition to any other funds transferred by the Legislature
to the Medical Waste Management Fund, the following shall be
deposited in the fund:
(1) Fees, penalties, interest earned, and fines collected by, or
on behalf of, the department pursuant to this part.
(2) Funds granted by the federal government for purposes of
carrying out this part.
(c) This section shall become operative on July 1, 1993.

117890. No large quantity generator shall generate medical waste
unless the large quantity generator is registered with the
enforcement agency pursuant to this part.

117895. A small quantity generator that treats medical waste onsite
by steam sterilization, incineration, or microwave technology shall
register with the enforcement agency pursuant to this part.

117900. No person shall haul medical waste unless the person meets
either of the following requirements:
(a) The person is registered pursuant to Article 6 (commencing
with Section 25160) and Article 6.5 (commencing with Section 25167.1)
of Chapter 6.5 of Division 20 and Chapter 30 (commencing with
Section 66001) of Division 4 of Title 22 of the California Code of
Regulations.
(b) The person has an approved limited-quantity exemption granted
pursuant to Section 118030.

117903. No person shall treat medical waste unless the person is
permitted by the enforcement agency as required by this part or
unless the treatment is performed by a medical waste generator and is
a treatment method approved pursuant to subdivision (d) of Section
118215.

117904. (a) In addition to the consolidation points authorized
pursuant to Section 118147, the enforcement agency may approve a
location as a point of consolidation for the collection of
home-generated sharps waste, which, after collection, shall be
transported and treated as medical waste.
(b) A consolidation location approved pursuant to this section
shall be known as a "home-generated sharps consolidation point."
(c) A home-generated sharps consolidation point is not subject to
the requirements of Chapter 9 (commencing with Section 118275), to
the permit or registration requirements of this part, or to any
permit or registration fees, with regard to the activity of
consolidating home-generated sharps waste pursuant to this section.
(d) A home-generated sharps consolidation point shall comply with
all of the following requirements:
(1) All sharps waste shall be placed in sharps containers.
(2) Sharps containers ready for disposal shall not be held for
more than seven days without the written approval of the enforcement
agency.
(e) An operator of a home-generated sharps consolidation point
approved pursuant to this section shall not be considered the
generator of that waste.
(f) The medical waste treatment facility which treats the sharps
waste subject to this section shall maintain the tracking documents
required by Sections 118040 and 118165 with regard to that sharps
waste.

117905. The department is the enforcement agency for offsite
treatment facilities.

117908. The accumulated medical waste of more than one medical
waste generator shall not be stored in a common storage facility
unless that facility is registered with the enforcement agency.

117910. The department shall provide ongoing technical assistance
and guidance to local enforcement agencies to assist them in their
decisionmaking processes. This assistance shall include, but is not
limited to, providing all of the following:
(a) Technical studies and reports.
(b) Copies of innovative facility operation plans.
(c) Investigative findings and analysis of new waste management
practices and procedures.