Section § 118000

Explanation

This law explains how medical waste must be handled in California. Medical waste can only be sent to specific locations like permitted treatment facilities or transfer stations to be processed properly. Transfer stations must undergo yearly inspections and obtain permits to operate legally. If medical waste is sent out of state, it must go to an appropriately permitted facility there. If the destination state lacks such facilities or if the waste is going internationally, it must be treated according to certain rules before leaving California.

(a)CA Health & Safety Code § 118000(a) Medical waste shall only be transported to a permitted medical waste treatment facility, or to a transfer station or another registered generator for the purpose of consolidation before treatment and disposal.
(b)CA Health & Safety Code § 118000(b) Facilities for the transfer of medical waste shall be annually inspected and issued permits in accordance with the regulations adopted pursuant to this part.
(c)CA Health & Safety Code § 118000(c) Medical waste transported out of state shall be consigned to a permitted medical waste treatment facility in the receiving state. If there is no permitted medical waste treatment facility in the receiving state or if the medical waste is crossing an international border, the medical waste shall be treated in accordance with Chapter 8 (commencing with Section 118215) prior to being transported out of the state.

Section § 118025

Explanation

This law requires that all medical waste must be transported by a registered hazardous waste hauler or the United States Postal Service. An exception can be made for small or large generators, if they acquire the appropriate exemption based on specific conditions.

All medical waste shall be hauled by a registered hazardous waste hauler, the United States Postal Service, or by a person with an exception granted pursuant to Section 117946 for small quantity generators or pursuant to Section 117976 for large quantity generators.

Section § 118027

Explanation

This law explains that if a solid waste collector accidentally transports medical waste while collecting regular trash, they are not responsible under the Medical Waste Management Act for that mistake. However, if they realize untreated medical waste has been taken to a landfill or recycling center, they must contact the person or entity that originally produced the medical waste. It's up to that original producer to ensure the waste is properly disposed of. The waste disposal site can also arrange for proper disposal, but they need to inform the original producer, who still owns the waste and has to cover any disposal costs.

A person who is authorized to collect solid waste, as defined in Section 40191 of the Public Resources Code, who unknowingly transports medical waste to a solid waste facility, as defined in Section 40194 of the Public Resources Code, incidental to the collection of solid waste, is exempt from the provisions of the Medical Waste Management Act with regard to that waste. If a solid waste transporter discovers that he or she has hauled untreated medical waste to a landfill or materials recovery facility, he or she shall contact the originating generator of the medical waste to respond to the landfill or recovery facility to provide ultimate proper disposal of the medical waste. The solid waste facility operator may, at its discretion and after contacting the generator, make arrangements for the proper treatment and disposal of the medical waste at a facility approved by the department. Title to the waste remains with the generator. Reimbursement costs for the proper management of discovered waste shall be the originating generator’s responsibility.

Section § 118029

Explanation

This law specifies the requirements for medical waste haulers in California. If you're hauling medical waste, you must meet U.S. Department of Transportation rules and be a registered hazardous waste hauler in the state, unless you're using certain exceptions. Every year by July 1, you need to notify the department about your business details, such as name, address, contact information, transporter registration number, and vehicle count. You also must report the types and amounts of medical waste you collect and transport, as well as the names of your waste generators.

Additionally, every three months, you must provide the department with a list of all the medical waste generators you served in the past year, including their contact info, to help the department collect relevant fees.

(a)CA Health & Safety Code § 118029(a) Haulers of medical waste in California, with the exception of those using a materials of trade exception as specified in Sections 117946 and 117976, and United States Department of Transportation licensed common carriers hauling pharmaceutical waste, shall meet all United States Department of Transportation requirements for transporting medical waste and shall be hazardous waste haulers in California. On or before July 1 of each year, a registered hazardous waste hauler that transports medical waste shall so notify the department, and provide, in a format that conforms to the protocol requirements for submission of data to the department, the following information:
(1)CA Health & Safety Code § 118029(a)(1) Business name, address, and telephone number.
(2)CA Health & Safety Code § 118029(a)(2) Name of owner, operator, and contact person.
(3)CA Health & Safety Code § 118029(a)(3) Hazardous waste transporter registration number.
(4)CA Health & Safety Code § 118029(a)(4) The number of vehicles and trailers transporting medical waste within the state as of that date.
(5)CA Health & Safety Code § 118029(a)(5) Types and quantities of medical waste collected, in pounds.
(6)CA Health & Safety Code § 118029(a)(6) The names of the generators whose waste has been transported by the hauler and the amounts of medical waste transported, by waste type category.
(b)CA Health & Safety Code § 118029(b)  Each registered hazardous waste hauler shall provide to the department a list of all medical waste generators serviced by that person during the previous 12 months. That list shall include the business name, business address, mailing address, telephone number, and other information as required by the department to collect annual fees pursuant to Section 117924. The list shall be provided to the department within 10 days of the close of the earliest calendar quarter ending September 30, December 31, March 31, or June 30, or as otherwise required by the department.

Section § 118032

Explanation

This law outlines exemptions for pharmaceutical waste generators from certain requirements, provided specific conditions are met. First, they must have a medical waste management plan or proper documentation in place, depending on whether they are a small or large quantity generator. Second, the waste must be transported correctly, either by the generator themselves or through a contracted carrier to a facility for consolidation and disposal.

Additionally, detailed tracking must occur, where the generator and receiving facility handle any discrepancies with a documented process. When returning waste to a parent organization over time, a simple form or log can replace detailed tracking documents if they contain key information like the transporter’s name, the number of waste containers, and return dates. This form must be maintained by both the generator and the receiving entity.

A pharmaceutical waste generator or parent organization that employs health care professionals who generate pharmaceutical waste is exempt from the requirements of subdivision (a) of Section 118000 if all of the following requirements are met:
(a)CA Health & Safety Code § 118032(a) The generator or parent organization has on file one of the following:
(1)CA Health & Safety Code § 118032(a)(1) If the generator or parent organization is a small quantity generator required to register pursuant to Chapter 4 (commencing with Section 117925), a medical waste management plan prepared pursuant to Section 117935.
(2)CA Health & Safety Code § 118032(a)(2) If the generator or parent organization is a small quantity generator not required to register pursuant to Chapter 4 (commencing with Section 117925), the information document maintained pursuant to subdivision (a) of Section 117945.
(3)CA Health & Safety Code § 118032(a)(3) If the generator or parent organization is a large quantity generator, a medical waste management plan prepared pursuant to Section 117960.
(b)CA Health & Safety Code § 118032(b) The generator or health care professional who generated the pharmaceutical waste transports the pharmaceutical waste himself or herself, or directs a member of his or her staff to transport the pharmaceutical waste to a parent organization or another health care facility for the purpose of consolidation before treatment and disposal, or contracts with a common carrier to transport the pharmaceutical waste to a permitted medical waste treatment facility or transfer station.
(c)CA Health & Safety Code § 118032(c) Except as provided in subdivision (d), all of the following requirements are met:
(1)CA Health & Safety Code § 118032(c)(1) Prior to shipment of the pharmaceutical waste, the generator notifies the intended destination facility that it is shipping pharmaceutical waste to it and provides a copy of the tracking document, as specified in Section 118040.
(2)CA Health & Safety Code § 118032(c)(2) The generator and the facility receiving the pharmaceutical waste maintain the tracking document, as specified in Section 118040.
(3)CA Health & Safety Code § 118032(c)(3) The facility receiving the pharmaceutical waste notifies the generator of the receipt of the pharmaceutical waste shipment and any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste.
(4)CA Health & Safety Code § 118032(c)(4) The generator notifies the enforcement agency of any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste.
(d)Copy CA Health & Safety Code § 118032(d)
(1)Copy CA Health & Safety Code § 118032(d)(1) Notwithstanding subdivision (c), if a health care professional who generates pharmaceutical waste returns the pharmaceutical waste to the parent organization for the purpose of consolidation before treatment and disposal over a period of time, a single-page form or multiple entry log may be substituted for the tracking document, if the form or log contains all of the following information:
(A)CA Health & Safety Code § 118032(d)(1)(A) The name of the person transporting the pharmaceutical waste.
(B)CA Health & Safety Code § 118032(d)(1)(B) The number of containers of pharmaceutical waste. This clause does not require any generator to maintain a separate pharmaceutical waste container for every patient or to maintain records as to the specified source of the pharmaceutical waste in any container.
(C)CA Health & Safety Code § 118032(d)(1)(C) The date that the pharmaceutical waste was returned.
(2)CA Health & Safety Code § 118032(d)(2) The form or log described in paragraph (1) shall be maintained in the files of the health care professional who generates the pharmaceutical waste and the parent organization or another health care facility that receives the pharmaceutical waste.
(3)CA Health & Safety Code § 118032(d)(3) This subdivision does not prohibit the use of a single document to verify the return of more than one container to a parent organization or another health care facility, provided the form or log meets the requirements specified in paragraphs (1) and (2).

Section § 118033

Explanation

This law requires that pharmaceutical waste be kept secure from unauthorized access once it's separated from medical waste. If it's tampered with, accessed without permission, or lost, the incident must be reported to the proper state licensing authority.

The pharmaceutical waste that is separated from medical waste by the generator shall be maintained in a manner to secure the pharmaceutical waste contents from access by unauthorized individuals. Any suspected or confirmed tampering of, unauthorized access to, or loss of this pharmaceutical waste shall be reported to the appropriate state licensing authority.

Section § 118035

Explanation

This law states that medical waste can only be transferred from one vehicle to another at specific places, like a permitted medical waste transfer station. The only exception is during a vehicle breakdown or an emergency situation.

For the purpose of transferring medical waste prior to reaching a permitted medical waste treatment facility, medical waste shall not be unloaded, reloaded, or transferred to another vehicle at any location, except at a permitted medical waste transfer station or in the case of a vehicle breakdown or other emergency.

Section § 118040

Explanation

This law outlines the requirements for tracking medical waste during transportation. When a hazardous waste transporter picks up medical waste, they must provide a tracking document to the waste generator and keep their own copy for three years.

The tracking document must have specific details like the transporter's and generator's contact info, type and amount of waste, and details of the facility receiving the waste.

Transporters must have this document available during transport and share it with enforcement officials upon request. The original document goes to the receiving facility. Additionally, both transporters and medical waste treatment facilities must periodically report tracking data to the relevant department.

(a)CA Health & Safety Code § 118040(a)  Except with regard to sharps waste consolidated by a home-generated sharps consolidation point approved pursuant to Section 117904, a hazardous waste transporter transporting medical waste shall maintain a completed tracking document in compliance with subdivision (b) for the purpose of tracking the medical waste from the point when the waste leaves the generator facility until it receives final treatment. At the time that the medical waste is received by a hazardous waste transporter, the transporter shall provide the medical waste generator with a copy of the tracking document. The transporter transporting medical waste shall maintain its copy of the tracking document for three years.
(b)CA Health & Safety Code § 118040(b)  The tracking document shall include, but not be limited to, all of the following information:
(1)CA Health & Safety Code § 118040(b)(1)  The name, address, telephone number, and registration number of the transporter, unless transported pursuant to Section 117946 or 117976.
(2)CA Health & Safety Code § 118040(b)(2)  The type of medical waste transported and the quantity or aggregate weight of medical waste transported.
(3)CA Health & Safety Code § 118040(b)(3)  The name, address, and telephone number of the generator.
(4)CA Health & Safety Code § 118040(b)(4)  The name, address, telephone number, permit number, and the signature of an authorized representative of the permitted facility receiving the medical waste.
(5)CA Health & Safety Code § 118040(b)(5)  The date that the medical waste is collected or removed from the generator’s facility, the date that the medical waste is received by the transfer station, the registered large quantity generator, or point of consolidation, if applicable, and the date that the medical waste is received by the treatment facility.
(c)CA Health & Safety Code § 118040(c)  A hazardous waste transporter transporting medical waste in a vehicle shall have the tracking document in his or her possession while transporting the medical waste. The tracking document shall be shown upon demand to any enforcement agency personnel or officer of the Department of the California Highway Patrol. If the medical waste is transported by rail, vessel, or air, the railroad corporation, vessel operator, or airline shall enter on the shipping papers any information concerning the medical waste that the enforcement agency may require.
(d)CA Health & Safety Code § 118040(d)  A hazardous waste transporter transporting medical waste shall provide the facility receiving the medical waste with the original tracking document.
(e)CA Health & Safety Code § 118040(e)  Each hazardous waste transporter and each medical waste treatment facility shall provide tracking data periodically and in a format as determined by the department.

Section § 118045

Explanation

This section outlines the fees associated with obtaining a permit for a transfer station. An initial application fee is based on the hourly time spent by the department processing the application, capped at $10,000 unless otherwise adjusted by regulations. Additionally, there is an annual permit fee of $2,000, which may also be adjusted according to regulations, ensuring that it doesn't exceed the department's reasonable regulatory costs.

(a)CA Health & Safety Code § 118045(a) The department shall charge an application fee for a permit for a transfer station equal to one hundred dollars ($100) for each hour which the department spends on processing the application, but not more than ten thousand dollars ($10,000), or as provided in the regulations adopted by the department, not to exceed the reasonable regulatory costs of the department.
(b)CA Health & Safety Code § 118045(b) In addition to the fee specified in subdivision (a), the annual permit fee for a transfer station is two thousand dollars ($2,000), or as provided in the regulations adopted by the department, not to exceed the reasonable regulatory costs of the department.