SECTIONS 118130-118210 - California Statutes

HEALTH AND SAFETY CODE

SECTION 118130-118210

118130. All offsite medical waste treatment facilities and transfer
stations shall be permitted and inspected by the department. All
onsite medical waste treatment facilities shall be permitted and
inspected by the enforcement agency.

118135. On or before April 1, 1991, each person operating a medical
waste treatment facility shall obtain a permit pursuant to this
chapter from the department. If the medical waste treatment facility
begins operation after April 1, 1991, the permit shall be obtained
pursuant to this article prior to commencement of the treatment
facility's operation.

118140. A health care facility accepting medical waste for
treatment from the physicians and surgeons who are on the staff of
the facility and who are small quantity generators shall be
classified as an onsite treatment facility and shall be permitted and
inspected by the enforcement agency.

118145. A health care facility accepting medical waste for
treatment from small quantity generators that are adjacent to the
facility shall be classified as an onsite treatment facility and
shall be permitted and inspected by the enforcement agency.

118147. Notwithstanding any other provision of this chapter, a
registered medical waste generator, which is a facility specified in
subdivisions (a) and (b) of Section 117705, may accept home-generated
sharps waste, to be consolidated with the facility's medical waste
stream, subject to all of the following conditions:
(a) The generator of the sharps waste, a member of the generator's
family, or a person authorized by the enforcement agency transports
the sharps waste to the medical waste generator's facility.
(b) The sharps waste is accepted at a central location at the
medical waste generator's facility.
(c) A reference to, and a description of, the actions taken
pursuant to this section are included in the facility's medical waste
management plan adopted pursuant to Section 117960.

118150. (a) Each enforcement agency shall follow procedures that
are consistent with this chapter, and the regulations adopted
pursuant to this chapter, when issuing medical waste permits.
(b) Each person operating a medical waste treatment facility
pursuant to a hazardous waste facilities permit or grant of interim
status pursuant to Article 9 (commencing with Section 25200) of
Chapter 6.5 of Division 20, as of January 1, 1991, shall be
considered to have the medical waste permit required by this article
until January 1, 1992, unless the enforcement agency with
jurisdiction over its activities has taken final action prior to
January 1, 1992, on an application for a permit pursuant to this
article.
(c) Each medical waste facility subject to subdivision (b) shall
operate in accordance with the standards and procedures contained in
this chapter, and on and after January 1, 1991, is not subject to the
standards and procedures contained in Chapter 6.5 (commencing with
Section 25100) of Division 20.

118155. Any person required to obtain a permit pursuant to this
part shall file with the enforcement agency an application, on forms
prescribed by the department, containing, but not limited to, all of
the following:
(a) The name of the applicant.
(b) The business address of the applicant.
(c) The type of treatment provided, the treatment capacity of the
facility, a characterization of the waste treated at this facility,
and the estimated average monthly quantity of waste treated at the
facility.
(d) A disclosure statement, as provided in Section 25112.5, except
for onsite medical waste treatment facilities.
(e) Evidence satisfactory to the enforcement agency that the
operator of the medical waste treatment facility has the ability to
comply with this part and the regulations adopted pursuant to this
part.
(f) Any other information required by the enforcement agency for
the administration or enforcement of this part or the regulations
adopted pursuant to this part.

118160. (a) Prior to issuing or renewing a permit for an offsite
medical waste treatment facility pursuant to Section 118130, the
department shall review the compliance history of the applicant,
under any local, state, or federal law or regulation governing the
control of medical waste or pollution, including, but not limited to,
the Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(b) The department shall, pursuant to this section, deny a permit,
or specify additional permit conditions, to ensure compliance with
applicable regulations, if the department determines that in the
three-year period preceding the date of application the applicant has
violated laws or regulations identified in subdivision (a) at a
facility owned or operated by the applicant, and the violations
demonstrate a recurring pattern of noncompliance or pose, or have
posed, a significant risk to public health and safety or to the
environment.
(c) In addition to any other information required to be submitted
for the permitting of a facility pursuant to Section 118130, an
applicant who has owned or operated a facility regulated by the
department shall provide a description of all violations described in
subdivision (a), that occurred at any facility permitted and owned
or operated by the applicant in the state in the three years prior to
the date of application.
(d) In making the determination of whether to deny a permit or to
specify additional permit conditions pursuant to subdivision (b), the
department shall take both of the following into consideration:
(1) Whether a permit denial or permit condition is appropriate or
necessary given the severity of the violation.
(2) Whether the violation has been corrected in a timely fashion.

118165. On and after April 1, 1991, all persons operating a medical
waste treatment facility shall maintain individual records for a
period of three years and shall report or submit to the enforcement
agency upon request, all of the following information:
(a) The type of treatment facility and its capacity.
(b) All treatment facility operating records.
(c) Copies of the tracking documents for all medical waste it
receives for treatment from offsite generators or from hazardous
waste haulers.

118170. (a) A medical waste permit issued by the enforcement agency
to a medical waste treatment facility shall be valid for five years.
(b) An application for renewal of the permit shall be filed with
the enforcement agency not less than 90 days prior to the expiration
date. If a permittee fails to make a timely application for renewal,
the medical waste permit shall expire on the expiration date.

118175. (a) A medical waste permit may be renewed if the
enforcement agency finds the permittee has been in substantial
compliance with this part and the regulations adopted pursuant to
this part during the preceding permitted period or that the permittee
corrected previous violations in a timely manner.
(b) Upon approval of the enforcement agency, a permit may be
transferred from one subsidiary to another subsidiary of the same
corporation, from a parent corporation to one of its subsidiaries, or
from a subsidiary to a parent corporation.

118180. A person required to obtain a medical waste permit shall,
at all times, possess a valid permit for each facility in operation.
A medical waste permit shall terminate prior to its expiration date
if suspended or revoked pursuant to Section 118350 or,
notwithstanding Section 118355, if either of the following occurs:
(a) The permittee sells or otherwise transfers the facility,
except as specified in subdivision (b) of Section 118175.
(b) The permittee surrenders the permit to the enforcement agency
because the permittee ceases operation.

118185. The enforcement agency shall issue a medical waste permit
upon evaluation, inspection, or records review of the applicant if
the applicant is in substantial compliance with this part and the
regulations adopted pursuant to this part and the applicant has
corrected any previous violations. A decision to issue or not to
issue the permit shall be made by the enforcement agency within 180
days of the time that the application is deemed complete, unless
waived by the applicant.

118190. When issuing, renewing, or revising any treatment facility
permit, the enforcement agency may prohibit or condition the handling
or treatment of medical waste to protect the public health and
safety.

118195. An enforcement agency shall inform an applicant for a
medical waste permit, in writing, upon the denial of any application
for the permit. Within 20 days after the enforcement agency mails the
notice, the applicant may present a written petition for a hearing
to the enforcement agency. Upon receipt by the enforcement agency of
the petition in proper form, the petition shall be set for hearing.
If the department is the enforcement agency, the proceedings shall
commence with the filing of a statement of issues and shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the department has all the powers granted to a department in that
chapter.
If the department is not the enforcement agency, the hearings
shall be held in accordance with the ordinance adopting the medical
waste management program.

118200. The enforcement agency shall evaluate, inspect, and review
the records of medical waste treatment facilities for compliance with
this part.

118205. The fee schedule specified in Section 118210 shall cover
the issuance of medical waste treatment facility permits and an
inspection program, when the department serves as the enforcement
agency. This fee schedule shall be adjusted annually in accordance
with Section 100425. On or before January 1, 1993, the department may
adjust by regulation the fees specified in Section 118210 to reflect
the actual costs of implementing this chapter. Local enforcement
agencies shall set fees that shall be sufficient to cover their costs
in implementing this part with regard to large quantity generators.

118210. (a) The department shall charge an annual permit fee for an
offsite medical waste treatment facility equal to either one hundred
twenty-seven ten thousandths of a cent ($0.0127) for each pound of
medical waste treated or twelve thousand dollars ($12,000), whichever
is greater. The department may collect annual fees and issue permits
on a biennial basis.
(b) The department shall charge an initial application fee for
each type of treatment technology at an offsite medical waste
treatment facility equal to one hundred dollars ($100) for each hour
the department spends processing the application, but not more than
fifty thousand dollars ($50,000), or as provided in the regulations
adopted by the department.