Chapter 8.89
MEDICAL WASTE
Sections:
8.89.020 Medical solid wastes.
8.89.030 Biohazardous wastes – Small generators.
8.89.040 Biohazardous wastes – Large generators.
8.89.050 Sharps containers and red bags – Additional requirements.
8.89.060 Management plan – Preparation and filing.
8.89.010 Definitions.
For the purposes of this chapter:
A. “Biohazardous waste” means any of the following:
1. Laboratory waste, including, but not limited to, specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biological agents, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate and mix cultures or material which may contain infectious agents and may pose a substantial threat to health;
2. Recognizable fluid blood elements and regulated body fluids, and containers and articles contaminated with blood elements or regulated body fluids that readily separate from the solid portion of the waste under ambient temperature and pressure. Regulated body fluids are cerebrospinal fluid, synovial fluids, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid;
3. Sharps, which are objects or devices having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, blades and slides;
4. Contaminated animal carcasses, body parts, excrement and bedding of animals including materials resulting from research, production of biologicals, or testing of pharmaceuticals which are suspected of being infected with a disease communicable to humans;
5. Any specimens sent to a laboratory for microbiologic analysis;
6. Surgical specimens including human or animal parts or tissues removed surgically or by autopsy;
7. Such other waste materials that result from the administration of medical care to a patient by health care providers and are found by the administering agency or the Local Health Officer to pose a threat to human health or the environment. If there is a difference in opinion between the administering agency and the Local Health Officer, the Local Health Officer’s view will prevail.
B. “Biomedical waste” means any waste which is generated or has been used in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, in the production or testing of biologicals, of which may contain infectious agents and may pose a substantial threat to health. Biomedical waste does not include hazardous waste and medical solid waste. Biomedical waste does not include hazardous waste (as defined California Health and Safety Code Section 25117 and California Code of Regulations Title 22 Articles 9 or 11) or radioactive waste (as defined in California Health and Safety Code Section 25805 (e)).
C. “Biomedical waste management plan” is a document which shall be completed by generators of biomedical waste on forms prepared by the environmental health division of the Department of Health Services and shall contain the following information:
1. Name, address, telephone number, establishment, number of the generator, the responsible person, and an emergency telephone number which will provide 24-hour access to the responsible person.
2. Descriptions of the type and quantity of biomedical wastes generated and the containers used to store and dispose of the wastes.
3. Methods used to store, treat and dispose of biohazardous wastes.
4. Methods used to store and dispose of medical solid wastes.
5. A statement assuring that all personnel handling biomedical wastes have received training in aspects of handling the wastes in accordance with this chapter and the biomedical waste management plan.
D. “Medical solid waste” shall include, but not be limited to, waste such as empty specimen containers, bandages, dressings containing nonliquid blood, surgical gloves, decontaminated biohazardous waste, and other materials which are not biohazardous.
E. “Permitted biohazardous waste hauler” is a hauler who has received a permit from the appropriate agency to haul biohazardous waste.
F. “Putrescible biohazardous waste” means biohazardous waste subject to decomposition by microorganisms which produces a foul odor. Putrescible biohazardous waste includes, but is not limited to, blood and urine specimens and cultures.
G. “Red bag” means a disposable plastic bag which is impervious to moisture and has a strength sufficient to preclude ripping, tearing or bursting under normal conditions of usage and handling of the waste-filled bag. Each bag shall be constructed of material of sufficient single thickness strength to pass the 165-gram dropped dart impact resistance test as prescribed by Standard D 1709-75 of the American Society for Testing and Materials and certified by the bag manufacturer. The bags shall be securely tied so as to prevent leakage or expulsion of solid or liquid wastes during storage, handling or transport. The bag shall be red in color and conspicuously labeled with the international biohazard symbol and the word “Biohazard.” The bag shall be labeled so that the producer’s name, address, and phone number are legible and easily visible on the outside of the bag.
H. “Sharps containers” are: leakproof, rigid, puncture-resistant containers which when sealed cannot be reopened without great difficulty. These containers must be labeled with either “biohazard” or “infectious waste” on the outside of the container. These containers must also be labeled so that the producer’s name, address and phone number are legible and easily visible on the outside of the container.
I. “Solid waste hauler” is a hauler licensed by the appropriate agency to haul solid waste.
The responsible person shall certify by his or her signature that the biomedical waste management plan is true, and that the generator will comply with the provisions thereof. (Ord. 291 § 1, 1989)
8.89.020 Medical solid wastes.
Any person who is a generator, or an employee of a generator of medical solid wastes, shall store such wastes prior to disposal in an area secured as to deny access to unauthorized persons, animals, wind, rain, insects, and rodents. If such wastes are placed in a trash receptacle or compactor which is accessible at any time to unauthorized persons, such receptacle or compactor shall be locked to prevent access to the contents thereof to anyone other than authorized persons or refuse collection personnel. (Ord. 291 § 1, 1989)
8.89.030 Biohazardous wastes – Small generators.
A. It is unlawful for any generator of biohazardous wastes who produces less than 200 pounds of such waste per month to store or dispose of such wastes without an annual permit therefor from the Deputy Director of Environmental Health Service.
B. Any person desiring a permit required by this chapter shall make application therefor as prescribed by the County.
C. Any person who is a generator, or any employee of a generator, of biohazardous wastes, and produces less than 220 pounds of such waste per month, shall store and dispose of such waste in the manner provided for in Sections 66840(f) through (h) and 66845(a) through (c) of Title 22 of the California Code of Regulations, and shall maintain on the premises a copy of the current biomedical waste management plan, and documentation verifying the manner of disposal used. Unless approved by the Deputy Director of Environmental Health Services, putrescible biohazardous waste shall not be maintained by the generator for more than seven days. Nonputrescible biohazardous waste (including sharps) shall not be maintained by the generator for more than six months. (Ord. 291 § 1, 1989)
8.89.040 Biohazardous wastes – Large generators.
Any person who is a generator, or an employee of a generator, of biohazardous wastes, and produces 220 pounds or more of such wastes per month, shall store and dispose of such waste in the manner provided for in Section 66480(a) – (m), 66845(a) – (c), 66850(a) – (h), 66855(a) – (d), 66860, and 66865 of Title 22 of the California Code of Regulations, and shall maintain on the premises a copy of the current biomedical waste management plan and documentation verifying the manner of disposal used. (Ord. 291 § 1, 1989)
8.89.050 Sharps containers and red bags – Additional requirements.
In addition to the requirements of PMC 8.89.030 and 8.89.040, all generators of biohazardous wastes shall meet the following requirements:
A. All sharps containers and red bags used in complying with PMC 8.89.030 and 8.89.040 shall be of the type defined in PMC 8.89.010(G) and (H).
B. All sharps containers and red bags shall be labeled in accordance with PMC 8.89.010(G) and (H) prior to placing any materials in the containers or bags.
C. When wastes are to be processed in an autoclave prior to disposal by the generator, they may be placed in a single red bag which must be placed in a clear autoclave bag which is labeled in the same manner as required for red bags in PMC 8.89.010(G). More than one red bag may be placed in an autoclave bag.
D. Wastes which are not processed in an autoclave prior to disposal by the generator shall be stored and disposed of in a red bag which is sealed inside of a second red bag.
E. Needles and syringes shall not be clipped prior to disposal.
F. Red bags, as defined in PMC 8.89.010, shall be used only for the storage and disposal of biohazardous wastes.
G. All materials disposed of in sharps containers shall be managed in the manner prescribed for biohazardous wastes in PMC 8.89.030 whether or not the materials are actually biohazardous wastes as defined in PMC 8.89.010(A). (Ord. 291 § 1, 1989)
8.89.060 Management plan – Preparation and filing.
A. All generators of biomedical wastes shall prepare a biomedical waste management plan as defined in PMC 8.89.010(C). The plan shall be filed with the Deputy Director of the Environmental Health Services Division of the San Diego County Department of Health Services, and a copy shall be kept at all times on the premises of the facility in which biomedical wastes are being generated.
B. Every biomedical waste management plan shall be updated and refiled annually, or when any of the information contained therein has changed, whichever occurs first. (Ord. 291 § 1, 1989)
8.89.070 Exemption.
PMC 8.89.020 through 8.89.050 shall not be applicable to biomedical wastes produced by individuals through personal use at their residences and which are disposed of through residential service as required by PMC 8.68.140(A). (Ord. 291 § 1, 1989)
8.89.080 Criminal penalty.
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 $10,000, or both. (Ord. 291 § 1, 1989)
8.89.090 Civil penalty.
Any person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed $15,000 for each violation. (Ord. 291 § 1, 1989)
8.89.100 Additional remedies.
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. The provisions are to be construed as independent and nonexclusive and in no way conditioned upon each other. (Ord. 291 § 1, 1989)
8.89.110 Enforcement.
The Deputy Director of the Environmental Health Services division of the Department of Health Services shall be responsible for enforcing the provisions of this chapter. The Environmental Health Services division of the San Diego County Department of Health Services shall be administering agency. (Ord. 291 § 1, 1989)