La Mesa Municipal Code Ch. 7.21 Medical Wastes

(a) "Biomedical waste" means any waste which is generated or has been used in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, in the production or testing of biologicals, or which may contain infectious agents and may pose a substantial threat to health. Biomedical waste includes biohazardous waste and medical solid waste. Biomedical waste does not include hazardous waste (as defined in California Health and Safety Code Section 25117 and California Code of Regulations Title 22 Articles 9 or 11 ) or radioactive waste (as defined in California Health and Safety Code Section 25805(e)).

(b) "Biohazardous waste" means any of the following:

(1) Laboratory waste, including, but not limited to, specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biological agents, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate and mix cultures or material which may contain infectious agents and may pose a substantial threat to health.

(2) Recognizable fluid blood element and regulated body fluids, and containers and articles contaminated with blood elements or regulated body fluids that readily separate from the solid portion of the waste under ambient temperature and pressure. Regulated body fluids are cerebrospinal fluid, synovial fluids, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid.

(3) Sharps, which are objects or devices having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, blades, and slides.

(4) Contaminated animal carcasses, body parts, excrement and bedding of animals including materials resulting from research, production of biologicals, or testing of pharmaceuticals which are suspected of being infected with a disease communicable to humans.

(5) Any specimens sent to a laboratory for microbiologic analysis.

(6) Surgical specimens including human or animal parts or tissues removed surgically or by autopsy.

(7) Such other waste materials that result from the administration of medical care to a patient by health care providers and are found by the administering agency or the local health officer to pose a threat to human health or the environment. If there is a difference in opinion between the administering agency and the local Health Officer, the local health officer's view will prevail.

(c) "Medical solid waste" shall include, but not be limited to, waste such as empty specimen containers, bandages, dressings containing non-liquid blood, surgical gloves, decontaminated biohazardous waste, and other materials which are not biohazardous.

(d) "Sharp containers" are: leakproof, rigid, puncture-resistant containers which when sealed cannot be reopened without great difficult. These containers must be labeled with either biohazard" or "infectious waste" on the outside of the container. These containers must also be labeled so that the producer's name, address and phone number are legible and easily visible on the outside of the container.

(e) "Red bag" means a disposable plastic bag which is impervious to moisture and has a strength sufficient to preclude ripping, tearing or bursting under normal conditions of usage and handling of the waste-filled bag. Each bag shall be constructed of material of sufficient single thickness strength to pass the 165-gram dropped dart impact resistant test as prescribed by Standard D 1709-75 of the American Society for Testing and Materials and certified by the bag manufacturer. The bags shall be securely tied so as to prevent leakage or expulsion of solid or liquid wastes during storage, handling or transport. The bag shall be red in color and conspicuously labeled with the international biohazard symbol and the word "Biohazard." The bag shall be labeled so that the producer's name, address and phone number are legible and easily visible on the outside of the bag.

(f) "Permitted biohazardous waste hauler" is a hauler who has received a permit from the appropriate agency to haul biohazardous waste.

(g) "Solid waste hauler" is a hauler licensed by the appropriate agency to haul solid waste.

(h) "Biomedical waste management plan" is a document which shall be completed by generators of biomedical waste on forms prepared by the Environmental Health Division of the San Diego County Department of Health Services and shall contain the following information:

(1) Name, address, telephone number, establishment, number of the generator, the responsible person, and an emergency telephone number which will provide twenty- four hours access to the responsible person.

(2) Description of the type and quantity of biomedical wastes generated and the containers used to store and dispose of the wastes.

(3) Methods used to store, treat and dispose of biohazardous wastes.

(4) Methods used to store and dispose of medical solid wastes.

(5) A statement assuring that all personnel handling biomedical wastes have received training in aspects of handling the wastes in accordance with this chapter and the biomedical waste management plan.

The responsible person shall certify by his or her signature that the biomedical waste management plan is true, and that the generator will comply with the provisions thereof.

(i) "Putrescible biohazardous waste" means biohazardous waste subject to decomposition by microorganisms which produces a foul odor. Putrescible biohazardous waste includes, but is not limited to, blood and urine specimens and cultures.

(Ord. 2534 § 3, July 25, 1989)

Any person who is a generator, or an employee of a generator of medical solid wastes, shall store such wastes prior to disposal in an area secured as to deny access to unauthorized persons, animals, wind, rain, insects, and rodents. If such wastes are placed in a trash receptacle or compactor which is accessible at any time to unauthorized persons, such receptacle or compactor shall be locked to prevent access to the contents thereof to anyone other than authorized persons or refuse collection personnel.

(Ord. 2534 § 3, July 25, 1989)

(a) It shall be unlawful for any generator of biohazardous wastes who produces less than two hundred twenty pounds of such waste per month to store or dispose of such wastes without an annual permit therefor from the San Diego County Deputy Director of Environmental Health Services.

(b) Any person desiring a permit required by this chapter shall make application therefor as prescribed in Title 6, Division 5, Sections 65.104, 65.105 and 65.107 of the San Diego County Code of Regulatory Ordinances. The sections of Title 6, Division 5 of the San Diego County Code of Regulatory Ordinances specified in this section are hereby incorporated into and made a part of the La Mesa Municipal Code. A copy of the specified sections is on file in the office of the city clerk of the city of La Mesa.

(c) Any person who is a generator, or an employee of a generator, of biohazardous wastes, and produces less than two hundred twenty pounds of such waste per month, shall store and dispose of such waste in the manner provided for in Sections 66840(f), 668440(g), 66840(h), and 66845(a) — (c) of Title 22 of the California Code of Regulations, and shall maintain on the premises a copy of the current biomedical waste management plan, and documentation verifying the manner of disposal used. Unless approved by the San Diego County Deputy Director of Environmental Health Services, putrescible biohazardous waste shall not be maintained by the generator for more than seven days. Non-putrescible biohazardous waste (including sharps) shall not be maintained by the generator for more than six months. The Sections of Title 22 of the California Code of Regulations specified in this section are hereby incorporated into and made a part of the La Mesa Municipal Code. A copy of the specified sections is on file in the office of the city clerk of the city of La Mesa.

(Ord. 2534 § 3, July 25, 1989)

Any person who is a generator, or an employee of a generator, of biohazardous wastes, and produces two hundred twenty pounds or more of such wastes per month, shall store and dispose of such waste in the manner provided for in Section 66840(a) — (m), 66845(a) — (c), 66850(a) — (h), 66855(a) — (d), 66860, and 66865 of Title 22 of the California Code of Regulations, and shall maintain on the premises a copy of the current Biomedical Waste Management Plan, and documentation verifying the manner of disposal used. The sections of Title 22 of the California Code of Regulations specified in this section are hereby incorporated into and made a part of the La Mesa Municipal Code. A copy of the specified sections is on file in the office of the city clerk of the City of La Mesa.

(Ord. 2534 § 3, July 25, 1989)

In addition to the requirements of Sections 7.21.030 and 7.21.040, all generators of biohazardous wastes shall meet the following requirements:

(a) All sharps containers and red bags used in complying with Sections 7.21.030 and 7.21.040 shall be of the type defined in Section 7.21.010(d) and (e).

(b) All sharps containers and red bags shall be labeled in accordance with Section 7.21.01 0(d) and (e) prior to placing any materials in said containers or bags.

(c) When wastes are to be processed in an autoclave prior to disposal by the generator they may be placed in a single red bag which must be placed in a dear autoclave bag which is labelled in the same manner as required for red bags in Section 7.21.010(e). More than one red bag may be placed in an autoclave bag.

(d) Wastes which are not processed in an autoclave prior to disposal by the generator shall be stored and disposed of in a red bag which is sealed inside of a second red bag.

(e) Needles and syringes shall not be clipped prior to disposal.

(f) Red bags, as defined above, shall be used only for the storage and disposal of biohazardous wastes.

(g) All materials disposed of in sharps containers shall be managed in the manner prescribed for biohazardous wastes in Section 7.21.030 whether or not the materials are actually biohazardous wastes as defined in Section 7.21.010(b).

(Ord. 2534 § 3, July 25, 1989)

(a) All generators of biomedical wastes shall prepare a biomedical waste management plan as defined in Section 7.21.010(h). The plan shall be filed with the San Diego County Deputy Director of the Environmental Health Services, and a copy shall be kept at all times on the premises of the facility in which biomedical wastes are being generated.

(b) Every biomedical waste management plan shall be updated and re-filed annually, or when any of the information contained therein has changed, whichever occurs first.

(Ord. 2534 § 3, July 25, 1989)

Section 7.21.010 — 7.21.050 shall not be applicable to biomedical wastes produced by individuals through personal use at their residences and which are disposed of through personal use at their residences and which are disposed of through residential service as defined in Section 7.20.130 of this code.

(Ord. 2534 § 3, July 2.5, 1989)

Violations of any of the provisions of this chapter shall be a misdemeanor punishable by imprisonment in the county jail not exceeding one year, or a fine not exceeding ten thousand dollars, or both.

(Ord. 2534 § 3, July 25, 1989)

Any person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars for each such violation.

The civil and criminal provisions of this chapter are remedies in addition to any existing remedy authorized by law and are not to be construed as conflicting with or in dereliction of, any provisions of this chapter or of this code or of law. Said provisions are to be construed as independent and nonexclusive and in no way conditioned upon each other.

(Ord. 2534 § 3, July 25, 1989)

The Deputy Director of the Environmental Health Services Division of the San Diego County Department of Health Services shall be responsible for enforcing the provisions of this chapter. The Environmental Health Services Division Of the San Diego County Department of Health Services Division of shall be the administering agency.

(Ord. 2534 § 3, July 25, 1989)