Section § 117800

Explanation

This law allows local agencies to start a medical waste management program by creating a local law, following the guidelines set out in this part of the regulations.

A local agency may implement a medical waste management program by the adoption of an ordinance or resolution by the local governing body, in accordance with this part.

Section § 117805

Explanation

If a local agency decides to start a program for managing medical waste, it must inform the appropriate department about its plan.

A local agency that elects to implement a medical waste management program shall notify the department of its intent to do so.

Section § 117810

Explanation

This law states that if a local agency in California chooses not to start a medical waste management program, it can instead decide to join forces with another local agency or start such a program later on. This decision must be formalized by the local governing body and will be effective 90 days after notifying the relevant department.

If a local agency decides to manage medical waste, it must keep running the program until it officially decides to stop or if the department takes away its authority. To end the program, the agency must inform the department at least 180 days in advance.

(a)CA Health & Safety Code § 117810(a)  If a local agency does not elect to implement a medical waste management program, the local agency may elect to contract with another local agency to implement a medical waste management program or to implement it at a later date.
This election shall be made by the local governing body, that shall take effect 90 days after a notice of election is filed with the department.
(b)CA Health & Safety Code § 117810(b)  A local agency that elects to implement a medical waste management program shall continue to implement that program until the local governing body terminates the election by resolution or ordinance or the department revokes the authority of the local agency to administer a medical waste management program. The local agency shall file the notice of termination with the department at least 180 days prior to the termination date.

Section § 117815

Explanation

This law states that any local agency choosing to run a medical waste management program must make sure it's in line with specific requirements. They also need approval from the department to oversee or enforce the program.

Any local agency that has elected to implement a medical waste management program shall maintain a program that is consistent with Section 117820 and the regulations adopted pursuant to that section. With the approval of the department, the local agency may administer or enforce this part with respect to any person.

Section § 117820

Explanation

This law explains what must be included in a medical waste management program. It involves giving out permits and registrations to manage medical waste properly, inspecting facilities that generate a lot of waste, and reviewing management plans for smaller waste producers. The program also requires checking facilities that treat medical waste, especially if there are complaints or emergencies, and making sure rules are followed. If needed, the program can take action, such as suspending permits or starting legal proceedings against violators. Additionally, it must report results to show the program's effectiveness statewide.

A medical waste management program shall include, but not be limited to, all of the following:
(a)CA Health & Safety Code § 117820(a) Issuing medical waste registrations and permits pursuant to the Medical Waste Management Act.
(b)CA Health & Safety Code § 117820(b) Processing and reviewing the medical waste management plans and inspecting onsite treatment facilities in accordance with Chapter 4 (commencing with Section 117925) for all small quantity medical waste generators required to be registered.
(c)CA Health & Safety Code § 117820(c) Conducting an evaluation, inspection, or records review for all facilities or persons issued a large quantity medical waste registration pursuant to Chapter 5 (commencing with Section 117950) or issued a permit for an onsite medical waste treatment facility pursuant to Chapter 7 (commencing with Section 118130).
(d)CA Health & Safety Code § 117820(d) Inspecting medical waste generators in response to complaints or emergency incidents, or as part of an investigation or evaluation of the implementation of the medical waste management plan.
(e)CA Health & Safety Code § 117820(e) Inspecting medical waste treatment facilities in response to a complaint or as part of an investigation or emergency incident.
(f)CA Health & Safety Code § 117820(f) Taking enforcement action for the suspension or revocation of medical waste permits issued by the local agency pursuant to this part.
(g)CA Health & Safety Code § 117820(g) Referring or initiating proceedings for civil or criminal prosecution of violations specified in Chapter 10 (commencing with Section 118335).
(h)CA Health & Safety Code § 117820(h) Reporting in a manner determined by the department so that the statewide effectiveness of the program can be determined.

Section § 117825

Explanation

This law allows local agencies in California that choose to run a medical waste management program to set their own fees. These fees are used to cover the costs of managing the program.

Each local enforcement agency that elects to implement the medical waste management program may prescribe, by resolution or ordinance, the registration and permit fees necessary to pay its reasonable expenses to administer the program.

Section § 117830

Explanation

This law explains who is in charge of enforcing medical waste management rules. A local agency can choose to handle enforcement for their area if the department agrees. If they don't choose to do so, the department takes over. Also, district attorneys, city attorneys, and city prosecutors can still enforce the rules no matter what.

(a)CA Health & Safety Code § 117830(a)  A local agency electing to implement a medical waste management program is the enforcement agency for the jurisdiction where it is located and so designated by the department.
(b)CA Health & Safety Code § 117830(b)  In any local jurisdiction where the local agency does not elect to implement a medical waste management program, the department is the enforcement agency.
(c)CA Health & Safety Code § 117830(c)  Nothing in this chapter shall prevent a district attorney, city attorney, or city prosecutor from bringing any enforcement action for violation of this chapter.

Section § 117835

Explanation

This law requires that the department create and keep a record of people registered as either small or large quantity generators. These are entities that the department is responsible for regulating according to specific chapters.

The department shall establish and maintain a database of persons registered as small quantity generators and as large quantity generators for whom the department is the enforcement agency under Chapter 4 (commencing with Section 117925) and Chapter 5 (commencing with Section 117950).

Section § 117840

Explanation

This law states that the program it refers to should be entirely funded by fees collected as part of the program itself. Essentially, it should be self-sustaining financially through these fees.

It is the intent of the Legislature that the program carried out pursuant to this part be fully supported from the fees received pursuant to this part.

Section § 117845

Explanation

This law requires the department to manage its actions in a way that ensures the most money possible is obtained from the federal government.

The department shall implement this part so as to maximize the funds that may be received from the federal government.

Section § 117850

Explanation

This law allows for the sharing of information between the department and the Environmental Protection Agency (EPA).

Information may be shared between the department and the Environmental Protection Agency.

Section § 117855

Explanation

This law section says that if a local enforcement agency in California is not doing its job properly, the department overseeing it can notify the agency about specific issues. The department will also inform the agency that they need to fix these problems within a certain time frame, which must be at least 30 days. If the agency doesn't make the necessary changes within that period, the department might remove its designation as the responsible body.

If the department finds that a local enforcement agency is not consistently fulfilling its responsibilities, the department shall notify the agency of the particular reasons for finding that the agency is not fulfilling its responsibilities and of the department’s intention to withdraw its designation if, within a time to be specified in that notification, but in no event less than 30 days, the agency does not take the corrective action specified by the department.

Section § 117860

Explanation

If the state department decides that a local agency is no longer approved to enforce laws, the state department itself will take over enforcement duties in that area's jurisdiction.

If the department withdraws its designation of a local enforcement agency, the department shall become the enforcement agency within the jurisdiction of the local enforcement agency.

Section § 117870

Explanation

When the department finds significant violations that weren't caught by a local enforcement agency's previous checks, it has to take specific steps. First, it must review the agency's performance within 120 days. Then, it has to write up a performance report within 60 days following the review. Finally, the department requires the agency to submit a plan to correct these issues within 90 days after they receive the report.

If the department identifies significant violations of minimum requirements that were not identified and resolved through previous inspections by the local enforcement agency, the department shall do all of the following:
(a)CA Health & Safety Code § 117870(a)  Conduct a performance review of the agency within 120 days.
(b)CA Health & Safety Code § 117870(b)  Prepare a written performance report within 60 days of the review.
(c)CA Health & Safety Code § 117870(c)  Require the submission of a plan of correction by the agency within 90 days of receiving the report.

Section § 117875

Explanation

This law says that the department can remove a local enforcement agency's designation if the agency doesn't provide an acceptable correction plan or fails to carry out the plan it has submitted.

The department shall withdraw a local enforcement agency’s designation pursuant to Section 117860 if it determines that the enforcement agency has failed to submit an adequate plan of correction or has failed to implement the plan.

Section § 117880

Explanation

If the department takes over as the enforcement agency, they can charge the fees that are outlined in this section.

If the department becomes the enforcement agency, it may charge the fees specified in this part.

Section § 117885

Explanation

This law establishes the Medical Waste Management Fund within the State Treasury, overseen by a director. The money in this fund, with legislative approval, is used for managing medical waste programs.

Funds come from fees, penalties, interest, fines related to medical waste management, and federal grants aimed at supporting these efforts.

(a)CA Health & Safety Code § 117885(a) There is in the State Treasury the Medical Waste Management Fund, that shall be administered by the director. Money deposited in the fund shall be available to the department, upon appropriation by the Legislature, for the purposes of this part.
(b)CA Health & Safety Code § 117885(b) In addition to any other funds transferred by the Legislature to the Medical Waste Management Fund, the following shall be deposited in the fund:
(1)CA Health & Safety Code § 117885(b)(1) Fees, penalties, interest earned, and fines collected by, or on behalf of, the department pursuant to this part.
(2)CA Health & Safety Code § 117885(b)(2) Funds granted by the federal government for purposes of carrying out this part.

Section § 117890

Explanation

If you produce a lot of medical waste, you need to register with the local enforcement agency before doing so. This is necessary to legally generate medical waste.

Once registered, you can also produce medical waste at temporary events like health fairs or vaccination clinics without needing additional permits. However, you must inform the local agency at least 72 hours before participating, unless the event organizer has already done so.

(a)CA Health & Safety Code § 117890(a) No large quantity generator shall generate medical waste unless the large quantity generator is registered with the enforcement agency pursuant to this part.
(b)CA Health & Safety Code § 117890(b) Registration pursuant to this part shall also allow the large quantity generator to generate medical waste at temporary events, including, but not limited to, health fairs, vaccination clinics, and veteran stand downs, without further registration or permitting required. The large quantity generator shall notify the local enforcement agency of their intended participation in a temporary event at least 72 hours before the event, unless the sponsor of the temporary event previously notified the local enforcement agency of the event.

Section § 117895

Explanation

This law allows small quantity generators of medical waste to produce waste at temporary events, like health fairs or vaccination clinics, without needing extra permits. However, the generator must inform the local enforcement agency at least 72 hours before the event, unless the event sponsor has already done so.

Registration pursuant to this part shall allow a small quantity generator to generate medical waste at temporary events, including, but not limited to, health fairs, vaccination clinics, and veteran stand downs, without further registration or permitting required. The small quantity generator shall notify the local enforcement agency of their intended participation in a temporary event at least 72 hours before the event, unless the sponsor of the temporary event previously notified the local enforcement agency of the event.

Section § 117900

Explanation

This law states that only certain people or entities are allowed to transport medical waste. These include officially registered hazardous waste haulers, approved mail-back systems, specific common carriers for pharmaceutical waste, small or large generators with proper exemptions, and registered practitioners handling trauma scene waste.

No person shall haul medical waste unless the person is one of the following:
(a)CA Health & Safety Code § 117900(a) A registered hazardous waste hauler pursuant to the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20.
(b)CA Health & Safety Code § 117900(b) A mail-back system approved by the United States Postal Service.
(c)CA Health & Safety Code § 117900(c) A common carrier allowed to haul pharmaceutical waste pursuant to Section 118029 or 118032.
(d)CA Health & Safety Code § 117900(d) A small quantity generator or a large quantity generator transporting limited quantities of medical waste with an exemption granted pursuant to either Section 117946 or Section 117976, respectively.
(e)CA Health & Safety Code § 117900(e) A registered trauma scene waste practitioner hauling trauma scene waste pursuant to Section 118321.5.

Section § 117903

Explanation

This law states that you can't treat medical waste unless you have a permit from the enforcement agency or you are a medical waste generator using an approved treatment method. In short, treating medical waste is restricted to ensure it’s done safely and by authorized parties only.

No person shall treat medical waste unless the person is permitted by the enforcement agency as required by this part or unless the treatment is performed by a medical waste generator and is a treatment method approved pursuant to Chapter 8 (commencing with Section 118215).

Section § 117904

Explanation

This law allows places to be approved as collection points for home-generated sharps waste, like needles and syringes, which will then be treated as medical waste. These collection points, known as home-generated sharps consolidation points, don't have to follow some strict permit and registration rules.

However, they must meet certain requirements, like using sharps containers and not holding disposals for more than seven days unless they get written approval. The people who run these sites aren't considered the original waste generators but must follow specific tracking document requirements. Finally, facilities treating this waste need to keep accurate tracking documents.

(a)CA Health & Safety Code § 117904(a) In addition to the consolidation points authorized pursuant to Section 118147, the enforcement agency may approve a location as a point of consolidation for the collection of home-generated sharps waste, which, after collection, shall be transported and treated as medical waste.
(b)CA Health & Safety Code § 117904(b) A consolidation location approved pursuant to this section shall be known as a “home-generated sharps consolidation point.”
(c)CA Health & Safety Code § 117904(c) A home-generated sharps consolidation point is not subject to the requirements of Chapter 9 (commencing with Section 118275), to the permit or registration requirements of this part, or to any permit or registration fees, with regard to the activity of consolidating home-generated sharps waste pursuant to this section.
(d)CA Health & Safety Code § 117904(d) A home-generated sharps consolidation point shall comply with all of the following requirements:
(1)CA Health & Safety Code § 117904(d)(1) All sharps waste shall be placed in sharps containers.
(2)CA Health & Safety Code § 117904(d)(2) Sharps containers ready for disposal shall not be held for more than seven days without the written approval of the enforcement agency.
(e)CA Health & Safety Code § 117904(e) An operator of a home-generated sharps consolidation point approved pursuant to this section shall not be considered the generator of that waste, but shall be listed on the tracking documents in compliance with the United States Postal Service requirements for waste shipped through mail back and on the tracking documents as required by the department.
(f)CA Health & Safety Code § 117904(f) The medical waste treatment facility which treats the sharps waste subject to this section shall maintain the tracking document required by Sections 118040 and 118165 with regard to that sharps waste.

Section § 117905

Explanation

This law states that the department is responsible for enforcing regulations at offsite treatment facilities.

The department is the enforcement agency for offsite treatment facilities.

Section § 117908

Explanation

This law states that if multiple medical waste producers want to store their waste in the same place, that storage facility must be officially registered with the enforcement agency.

The accumulated medical waste of more than one medical waste generator shall not be stored in a common storage facility unless that facility is registered with the enforcement agency.

Section § 117910

Explanation

This California law requires the department to offer ongoing support and advice to local enforcement agencies in their decision-making. The support includes providing technical studies and reports, examples of new facility operation plans, and analyses of new waste management practices and procedures.

The department shall provide ongoing technical assistance and guidance to local enforcement agencies to assist them in their decisionmaking processes. This assistance shall include, but is not limited to, providing all of the following:
(a)CA Health & Safety Code § 117910(a)  Technical studies and reports.
(b)CA Health & Safety Code § 117910(b)  Copies of innovative facility operation plans.
(c)CA Health & Safety Code § 117910(c)  Investigative findings and analysis of new waste management practices and procedures.