Alameda County Municipal Code Ch. 6.52 Medical Waste Management Plan

The Board of Supervisors does hereby find and declare as follows:

A. That the expenses incurred by the county's department of environmental health services in the enforcement of the California Medical Waste Management Act (Health and Safety Code Section, 117600, et seq.) and any regulations adopted by the State Department of Health Services pursuant thereto may be met by fees adopted by the Board of Supervisors pursuant to Health and Safety Code Sections 117825 and 117840;

B. That the expenses incurred by the county's department of environmental health in implementing a medical waste management program are reasonable and necessary; and

C. That the schedule of fees prescribed in the chapter reasonably reflects the expenses of the county's department of environmental health for the implementation of a medical waste management program.

(Prior gen. code § 3-260.0)

(Ord. No. 2001-4, § 2, 8-1-00)

The fees prescribed by Section 6.52.040 of this chapter are applicable to any business activity within the county (excepting the city of Berkeley). Any person conducting or engaging in a business, occupation, act or other activity defined in Section 6.52.030 of this chapter within the county; (excepting the city of Berkeley), shall be liable for the medical waste management fees specified in Section 6.52.040 of this chapter for such business, occupation, act or activity. Such fees shall be payable in advance, unless otherwise specified.

(Prior gen. code § 3-260.1)

(Ord. No. 2001-4, § 2, 8-1-00)

"Common storage facility" shall be as defined in Health and Safety Code Section 117640.

"Large quantity generator" shall be as defined in Health and Safety Code Section 117680.

"Medical waste management plan" shall be as defined in Health and Safety Code Section 117710.

"Medical waste permit" shall be as defined in Health and Safety Code Section 117715.

"Medical waste registration" shall be as defined in Health and Safety Code Section 117720.

"Medical waste treatment facility" shall be as defined in Health and Safety Code Section 117725.

"Person" shall be as defined in Health and Safety Code Section 117745.

"Small quantity generator" shall be as defined in Health and Safety Code Section 117760.

"Transfer station" shall be as defined in Health and Safety Code Section 117775.

(Prior gen. code § 3-260.2)

(Ord. No. 2001-4, § 2, 8-1-00)

The fees charged to regulated facilities shall be established from time to time by resolution of the Board of Supervisors.

(Prior gen. code § 3-260.3)

(Ord. No. 2001-4, § 2, 8-1-00)

If a person engages in, conducts, manages, or carries on at the same time, more than one of the activities for which a fee is required by this chapter, he or she shall be deemed to be engaging in, conducting, managing, and carrying on each activity separately and apart from the other such activity, and a separate fee shall be paid for each activity, except in those cases specifically mentioned in the California Medical Waste Management Act.

(Prior gen. code § 3-260.4)

(Ord. No. 2001-4, § 2, 8-1-00)

If the medical waste management fee required by this chapter is not paid in full within thirty (30) days of the invoice date, a penalty equal to twenty-five (25) percent of the unpaid fee shall be imposed. An additional penalty equal to twenty-five percent of the unpaid fee shall be imposed at the end of the subsequent thirty (30) day period. The total penalty is not to-exceed fifty (50) percent of the medical waste management fee.

The penalties imposed hereunder shall be computed on the applicable unpaid balance of the fees only, and shall not be applied to prior penalties assessed. The director of the department of environmental health services ("director") may waive penalties, in whole or in part, where it is determined that the delay was occasioned by excusable neglect on the part of the person billed.

(Prior gen. code § 3-260.5)

(Ord. No. 2001-4, § 3, 8-1-00)

Payment shall be due on the date the invoice/statement is sent. Accounts shall be considered delinquent thirty (30) days after the due date at which time penalties will be assessed.

(Ord. No. 2001-4, § 4, 8-1-00)

Any person required to pay any fee, as set forth herein, and who is aggrieved by the decision of the department director may appeal the decision to the Board of Supervisors within ten days following the effective date of the decision, by writing to the clerk of the Board of Supervisors. Upon receipt of such request, the clerk shall request a report and recommendation from the department director and shall set the matter for hearing at the earliest practical date. At the hearing, the board may hear additional evidence and may affirm, modify, or reject the decision of the department director providing such decision does not conflict with the California Medical Waste Management Act. The decision of the board shall be considered final. The time during which the appeal is pending shall not be included in determining the delinquency date as defined in Section 6.52.060 of this chapter.

(Prior gen. code § 3-260.6)

(Ord. No. 2001-4, § 2, 8-1-00)