San Diego County Municipal Code Ch. 12 Medical Wastes

*Note--Chapter 12, MEDICAL WASTES, Sections 68.1201--68.1211, added by Ord. No. 7608 (N.S.), operative 7-21-89; title amended by Ord. No. 9293 (N.S.), effective 1-12-01; title amended by Ord. No. 10709 (N.S.), effective 1-15-21; Chapter 12 amended by Ord. No. 10927 (N.S.), effective 1-10-25.

Cross reference(s)--Hazardous and medical wastes, § 68.505; hazardous waste establishments (Certified Unified Program Agency), § 68.901 et seq.; underground storage of hazardous substances, § 68.1001 et seq.; hazardous materials inventory and response plans, § 68.1101 et seq.; additional locally-required information on hazardous compressed gases, carcinogens and reproductive toxins, § 68.1113.

(a) It is the intent of the Board of Supervisors that the Director of Environmental Health shall implement the Medical Waste Management Act, Division 104, Part 14 of the California Health and Safety Code.

(b) It is also the intent of the Board of Supervisors that all terminology contained within is as defined in the Medical Waste Management Act, Division 104, Part 14 of the California Health and Safety Code.

(Amended by Ord. No. 7646 (N.S.), effective 8-4-89; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 9667 (N.S.), effective 8-14-04; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) It shall be unlawful for any generator of medical waste, other than a trauma scene waste management practitioner, to store, transfer or dispose of such wastes without an annual permit or a valid Small Quantity Medical Waste Generator Registration from the Director of Environmental Health or fail to pay the fees as specified in Section 65.107. The Director may collect a fee that is based on the relevant facts observed during an inspection, notwithstanding any contrary data in CERS or submitted to the Department. The Director is not obliged to reduce CERS-based fees downward where a business has failed to update CERS data in time for data to be "accepted" prior to an annual invoice being calculated. It is the responsibility of the facility operator to keep information required to be reported to CERS or to the Department up to date.

(b) Large Quantity Medical Waste Generators. Any facility that generates 200 pounds or more of medical waste per month within a calendar year is required to apply for a permit as prescribed in Chapter 9, Section 68.904 of this division.

(c) Small Quantity Medical Waste Generators.

(1) Maintaining an annual permit satisfies the requirement set forth in the Medical Waste Management Act to register with the local enforcement agency.

(2) Small Quantity Medical Waste Generator Registration Program.

(A) Small Quantity Medical Waste Generator Registration Program facilities are those facilities that generate less than 200 pounds per month of medical waste, do not treat medical waste and are not considered a Unified Program Facility as defined in section 68.904.5.

(B) Small Quantity Medical Waste Generator Registration Program facilities must register every two years with the Department by completing and submitting an application, certifying compliance with the Medical Waste Management Act, and paying the required Small Quantity Medical Waste Generator registration fee as specified in section 65.107.

(Added by Ord. No. 9859 (N.S.), effective 6-15-07, operative 7-1-07; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Any medical waste generator using onsite steam sterilization, incineration, or microwave technology to treat medical waste generated onsite shall apply for a Medical Waste Treatment Permit with the Department. Any generator treating medical waste that is generated offsite is required to obtain a permit with the California Department of Public Health.

(b) An Onsite Medical Waste Treatment Facility Permit is valid for 5 years.

(c) Any onsite medical waste treatment facility shall obtain a Medical Waste Treatment Permit prior to commencement of the treatment facility's operation.

(Added by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Every person required to have a permit, registration, or license required by this division shall, at the time of making application or renewal, pay the fee prescribed for such a permit, registration, or license. Such fees shall be specified in Section 65.107 of the County Code of Regulatory Ordinances.

(Amended by Ord. No. 7646 (N.S.), effective 8-4-89; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Medical waste must be accumulated, stored and transferred in containers that meet the requirements specified in the California Medical Waste Management Act. Primary containers accumulating medical wastes (e.g. including but not limited to sharps containers, red bags, chemotherapeutic, pharmaceutical and pathology waste containers), with the exception of small bench top red bags used to collect medical waste (such as non-breakable pipette tips) that are later consolidated into a large, labeled medical waste red bag, must be labeled in a manner that will identify the generator by location. Acceptable labels could include an electronic tracking system (e.g. bar code or unique number) or a label with generator's name, address and phone number that is visible on the outside of the container. This label must be attached when the container is first used to accumulate or store medical waste.

(Amended by Ord. No. 7646 (N.S.), effective 8-4-89; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 9667 (N.S.), effective 8-14-04; amended by Ord. No. 9880 (N.S.), effective 10-19-07; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Amended by Ord. No. 7646 (N.S.), effective 8-4-89; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 9667 (N.S.), effective 8-14-04; repealed by Ord. No. 9880 (N.S.), effective 10-19-07)

(Amended by Ord. No. 7646 (N.S.), effective 8-4-89; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 9667 (N.S.), effective 8-14-04; amended by Ord. No. 10238 (N.S.), effective 1-4-13; repealed by Ord. No. 10733 (N.S.), effective 7-1-21)

Violation 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 ($10,000), or both.

(Amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Any person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($15,000) for each such violation.

(Amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

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 non-exclusive and in no way conditioned upon each other.

(Amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 9667 (N.S.), effective 8-14-04; repealed by Ord. No. 10733 (N.S.), effective 7-1-21)

Appeals from the denial of any permit sought pursuant to Section 68.1202 of this Code to satisfy the requirements of the Medical Waste Management Act shall be made and conducted in accordance with Section 61.109 of this Code. Notwithstanding any other provision of this title, a petition for a hearing must be filed within 20 days after the Director of Environmental Health mails the notice that the requested permit has been denied.

(Added by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

In addition to any other legal remedies, the provisions of this Chapter may be enforced through the provisions of Chapter 10, Part 14, Division 104 of the California Health and Safety Code.

(Added by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)