Tehama Municipal Code Ch. 9.28 Infectious Waste

It is the purpose of this chapter to adopt by reference the provisions of the Title 22 California Code of Regulations regarding infectious waste which were promulgated pursuant to Section 25157.3 of the California Health and Safety Code and to detail the local management of these infectious wastes.

(Ord. 1430 § 1(part), 1988)

It shall be the duty of the Tehama County health officer to administer and enforce the provisions of this chapter, and state laws and regulations pursuant thereto.

(Ord. 1430 § 1(part), 1988)

This chapter shall take effect in all unincorporated areas and incorporated areas of Tehama County.

(Ord. 1430 § 1(part), 1988)

As used in this chapter:

A. "Health officer" shall mean the Tehama County health officer or his designated agent, the Tehama County division of environmental health.

B. "Establishment" shall mean any business, place or activity of a commercial or noncommercial nature which generates, stores, handles, recycles or treats infectious wastes. Recycling or other treatment, storage or disposal facilities under permit by the department of health services shall not be considered an establishment for purposes of this chapter.

C. "Reporting year" shall mean the calendar year.

D. "Sharps" shall mean objects or devices having acute rigid corners, edges, points or protuberances capable of cutting or piercing and shall include, but is not limited to, hypodermic needles, blades and broken glass.

E. "Medical director" shall mean the chiropractor, dentist, physician or veterinarian who is the designated medical director for the establishment or who as part of their job looks after the health, safety and general welfare and performance of the establishment personnel. In certain establishments, the medical director may be the senior licensed embalmer or top management.

F. "Infectious waste; etiologic agent." This term shall have the meaning of the most recently adopted Section 25117.5 of the Health and Safety Code which at this time is:

1. "Infectious waste" shall mean all of the following:

a. Laboratory wastes including cultures of etiologic agents, which pose a substantial threat to health due to their volume and virulence;

b. Pathologic specimens including human or animal tissues, blood elements, excreta, and secretions which contain etiologic agents, and attendant disposable fomites;

c. Surgical specimens, including human or animal parts and tissues removed surgically or at autopsy, which, in the opinion of the attending physician or veterinarian, contain etiologic agents and attendant disposable fomites;

d. Equipment, instruments, utensils, and other disposable materials which are likely to transmit etiologic agents from the rooms of humans, or the enclosures of animals, which have been isolated because of suspected or diagnosed communicable disease;

e. Human dialysis waste materials including arterial lines and dialyzate membranes;

f. Carcasses of animals infected with etiologic agents which may present a substantial hazard to public health if improperly managed;

g. Any other material which, in the determination of the facility infection control staff presents a significant danger of infection because it is contaminated with or may reasonably be expected to be contaminated with, etiologic agents.

B. As used in this section, "etiologic agent" shall mean a type of microorganism, helminth or virus which causes, or significantly contributes to the cause of, increased morbidity or mortality of human beings.

(Ord. 1430 § 1(part), 1988)

The health officer is authorized and directed to conduct inspections, as required at any reasonable time, to determine whether the provisions of state law and this chapter are being followed.

(Ord. 1430 § 1(part), 1988)

No person shall operate an establishment which:

A. Generates or intends to generate more than one hundred kilograms of infectious waste per month; or

B. Without regard to the quantity of infectious waste produced per month is or intends to be any licensed health care facility which is a primary care clinic, surgical clinic or chronic dialysis clinic as defined in Chapter 1, Division 2, Health and Safety Code; general acute care hospital, acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, or intermediate care facility for the developmentally disabled, as defined in Chapter 2, Division 2, Health and Safety Code; or

C. Without regard to quantity handles or intends to handle infectious sharps, cultures of viable etiologic agents, or infectious wastes consisting of recognizable human anatomical remains;

D. Without a valid permit issued by the health officer.

(Ord. 1430 § 1(part), 1988)

Every establishment which requires an infectious waste generator permit pursuant to Section 9.28.060 of this chapter shall submit an infectious waste management plan.

The plan must be signed, under penalty of perjury, by the medical director of the facility.

Any changes in operation shall require a revised infectious waste management plan to be submitted at least thirty days prior to the change in operation.

(Ord. 1430 § 1(part), 1988)

The required infectious waste management plan shall contain policies and procedures for the management of infectious wastes, infectious sharps and/or recognizable human anatomical remains produced or handled at the facility. The plan shall contain all information required by the health officer including but not limited to: name and address of applicant, address to which business is or is proposed to occur, identification by type and quantity of infectious wastes produced, infectious waste storage and containment procedures, treatment and disposal methods and, if transferred offsite, the location of the treatment, storage or disposal facility, the transporter's name, address and phone number and frequency of infectious waste removal offsite.

(Ord. 1430 § 1(part), 1988)

The infectious waste management plans required by this chapter shall be deemed an application for permit.

A. All existing establishments engaging in a practice subject to this chapter shall submit an infectious waste management plan within ninety days of the effective date of the ordinance codified in this chapter. If said plan is not received within ninety days, the establishment is in violation of Section 9.28.060 and enforcement action pursuant to this chapter may be initiated by the health officer. All establishments proposing to engage in a practice subject to this chapter which will commence operations on or after the effective date of the ordinance codified in this chapter, shall submit an application at least thirty days prior to commencing such operations.

(Ord. 1430 § 1(part), 1988)

An annual permit to operate will be issued only after all information is submitted as required by this chapter, any fees established by the board of supervisors are paid, review reveals that the information required by this chapter is accurate and complete and that infectious wastes are being produced, stored, treated, transported and disposed of in conformance with this chapter.

Permits shall be valid for one year from the date of issuance and shall be nontransferable and nonassignable.

(Ord. 1430 § 1(part), 1988)

Storage or handling of infectious waste in such a manner as to present safety hazards that could cause or contribute to a release of an infectious waste into the workplace or the environment or cause or contribute to a health hazard to an employee, emergency responder or the general public, is a violation of this code and a public nuisance, dangerous to health and shall be enjoined or summarily abated in the manner provided by law.

(Ord. 1430 § 1(part), 1988)

Any person, establishment, firm or organization responsible for storing the infectious waste shall institute and complete all actions necessary to remedy the effects of any unauthorized discharge, whether sudden or gradual.

(Ord. 1430 § 1(part), 1988)

The health officer may revoke a permit by issuing a written notice of revocation stating the reasons therefor and serving the same together with a copy of the provisions of this chapter and the Title 22 regulations for infectious wastes. The revocation shall become effective fifteen days after the date of service unless the permittee files an appeal in accordance with the provisions of this chapter. If an appeal is filed, any revocation shall cease until the board of appeals grants or denies the appeal.

(Ord. 1430 § 1(part), 1988)

The board of supervisors shall act as a board of appeals in making a correct determination of any appeal arising from actions of the administering agency utilizing the procedures of Section 9.22.380 of this code.

(Ord. 1430 § 1(part), 1988)

The board of supervisors shall from time to time establish a schedule of fees or other funding in an amount sufficient to pay those costs incurred by the county in carrying out the provisions of this chapter and in responding to emergencies involving infectious wastes without regard to whether or not it was the establishment's responsibility.

(Ord. 1430 § 1(part), 1988)

The health officer may propose additional standards and regulations when deemed necessary to protect the health, safety and general welfare of the public, employees or emergency responders. The health officer shall submit any proposals to the board of supervisors in the form of a resolution and if approved by the board of supervisors shall have the full force and effect of law.

(Ord. 1430 § 1(part), 1988)

A violation of any of the provisions of this chapter is a misdemeanor punishable by fines of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment not exceeding one year; or by both such fine and imprisonment. A separate offense is committed upon each day or portion thereof during or on which a violation occurs or continues.

If a violation results in an emergency, including a fire, to which Tehama County must respond, that establishment, without regard to responsibility, may be assessed the full cost of the county's response, as well as the cost of cleaning up and disposing of such infectious waste.

Tehama County may petition the superior court pursuant to Government Code, Section 54740 to impose, assess and recover such sums. The remedy provided in this section is cumulative and nonexclusive, and shall be in addition to any other appropriate penalty provisions of this chapter and all other remedies available to the county.

(Ord. 1430 § 1(part), 1988)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors hereby declares that it would have passed this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional.

(Ord. 1430 § 1(part), 1988)