Medical WastePowers and Duties
Section § 117800
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.
Section § 117805
If a local agency decides to start a program for managing medical waste, it must inform the appropriate department about its plan.
Section § 117810
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.
Section § 117815
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.
Section § 117820
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.
Section § 117825
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.
Section § 117830
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.
Section § 117835
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.
Section § 117840
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.
Section § 117845
This law requires the department to manage its actions in a way that ensures the most money possible is obtained from the federal government.
Section § 117850
This law allows for the sharing of information between the department and the Environmental Protection Agency (EPA).
Section § 117855
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.
Section § 117860
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.
Section § 117870
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.
Section § 117875
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.
Section § 117880
If the department takes over as the enforcement agency, they can charge the fees that are outlined in this section.
Section § 117885
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.
Section § 117890
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.
Section § 117895
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.
Section § 117900
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.
Section § 117903
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.
Section § 117904
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.
Section § 117905
This law states that the department is responsible for enforcing regulations at offsite treatment facilities.
Section § 117908
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.
Section § 117910
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.