Chapter 7.22
MEDICAL WASTE
Sections:
7.22.010 Election for local enforcement.
7.22.020 Preexisting infectious waste permits.
7.22.030 Implementation of medical waste management program.
7.22.050 Large quantity generators—Registration.
7.22.060 Small quantity generators—Registration.
7.22.070 Medical waste permits—Revocations, amendments and suspensions.
7.22.080 Temporary suspension.
7.22.090 Medical waste permits—Denials, revocations or suspensions—Appeals.
7.22.010 Election for local enforcement.
The Director of the Health Service Agency’s Division of Environmental Health, referred to in this chapter as the Director, shall enforce the provisions of the California Medical Waste Management Act, codified at California Health and Safety Code Section 117600 et seq. (referred to in this chapter as the Act), as authorized by Health and Safety Code Sections 117620, 117800, and 117830. [Ord. 5324 § 3, 2020; Ord. 4118 § 2, 1991].
7.22.020 Preexisting infectious waste permits.
Commencing on April 1, 1991, every licensed health care facility, infectious waste transporter and other infectious waste producer holding a valid, unexpired permit from the County Health Officer issued under the provisions of this chapter, as it existed on January 1, 1990, shall comply with all of the provisions of the Act and this chapter. [Ord. 5324 § 3, 2020; Ord. 4118 § 2, 1991].
7.22.030 Implementation of medical waste management program.
The Director or their designee shall implement and maintain a medical waste management program which is consistent with the Act and the regulations adopted under the Act. [Ord. 5324 § 3, 2020; Ord. 4118 § 2, 1991].
7.22.040 Fees.
The Board of Supervisors shall establish by resolution the initial and annual registration, permit, exemption, inspection and other entitlement fees necessary to support the administration of the medical waste management program and this chapter. [Ord. 4118 § 2, 1991].
7.22.050 Large quantity generators—Registration.
Every large quantity generator shall file a completed medical waste management plan and an emergency action plan in compliance with the Act, and the regulations adopted thereunder, at the time of registration as a large quantity generator. No registration shall be issued until and unless a completed medical waste management plan and emergency action plan have been filed with and accepted by the Director. [Ord. 4118 § 2, 1991].
7.22.060 Small quantity generators—Registration.
Every small quantity generator shall file a completed medical waste management plan in compliance with the Act, and the regulations adopted thereunder, at the time of registration as a small quantity generator. No registration shall be issued until and unless a completed medical waste management plan has been filed with and accepted by the Director. [Ord. 4118 § 2, 1991].
7.22.070 Medical waste permits—Revocations, amendments and suspensions.
(A) A permit issued pursuant to the provisions of this chapter may be revoked, amended or suspended by the Director if they determine that a violation of the Act or this chapter exists. Written notice of the intent to revoke or suspend shall be given to the permittee, specifying the violation, the corrective action required and the compliance date, and stating the right to request a conference to contest the notice of intent. If the permittee fails or neglects to correct the violation within the time called for in the notice of intent, or fails to request a conference before the Director, then the permit may be revoked, amended or suspended. Notice of the Director’s action shall be given in writing to the permittee and shall not be effective until notice has been mailed.
(B) A permit may be revoked or suspended by the Director if the permit issued pursuant to this chapter was obtained by fraud or misrepresentation.
(C) Suspension shall be for any period of time not exceeding 90 days, as determined by the Director. [Ord. 5324 § 3, 2020; Ord. 4118 § 2, 1991].
7.22.080 Temporary suspension.
The Director may temporarily suspend a permit pending a conference if the Director determines that an imminent and significant danger to the public health presently exists from the activities of the permittee. The Director shall notify the permittee in writing of such temporary suspension, state the reasons for the action and the intent to revoke, suspend or amend the permit, and set a date for a conference with the Director within 30 days of the date of such notice. The Director shall make a decision within 60 days after the conference date. [Ord. 4118 § 2, 1991].
7.22.090 Medical waste permits—Denials, revocations or suspensions—Appeals.
(A) A person whose application for a permit under this chapter has been denied, or whose permit once issued has been revoked or suspended may, within 20 calendar days following the date on which the action was taken, appeal to the Santa Cruz County Health Officer. Such appeal shall be filed in writing with the Director and be accompanied by the filing fee established by resolution of the Board of Supervisors. Upon receiving an appeal, the Health Officer shall schedule the appeal for hearing within 20 business days. Written notice of the hearing date shall be given 10 calendar days prior to the hearing to the appellant and all persons who have requested notice of hearing.
(B) At the hearing the Director shall present evidence in support of the denial, suspension or revocation. Thereafter, the appellant shall present its evidence.
(C) After hearing the appeal and within five calendar days, the Health Officer shall decide the appeal by affirming, overruling or modifying the decision of the Director. The Health Officer shall not overrule or modify the decision of the Director except upon a finding supported by substantial evidence in the record.
(D) The action of the Health Officer shall be final. Notice of action shall be given by mail to the appellant. [Ord. 5324 § 3, 2020; Ord. 4118 § 2, 1991].
7.22.100 Enforcement.
The Director may seek criminal prosecution, civil injunctive relief, or civil penalties, or any combination of such remedies, against any person who violates any provision of the Act or this chapter. The District Attorney or County Counsel shall, upon written request by the Director or the Health Officer, immediately commence proceedings before such courts as have jurisdiction to enjoin any person from violating any provision of the Act or this chapter, or to enjoin any person from using any building, structure or property contrary to the provisions of the Act or this chapter. [Ord. 5324 § 3, 2020; Ord. 4118 § 2, 1991].
7.22.110 Enforcement costs.
The Director may collect the costs of enforcement from any person who violates any provision of the Act. Costs of enforcement shall include, but are not limited to, costs of inspections and administrative research, as well as reasonable attorneys’ fees and legal costs incurred by the Director in any enforcement action. [Ord. 5324 § 3, 2020; Ord. 4118 § 2, 1991].
7.22.120 Civil penalties.
Civil penalties authorized under the Act shall be paid into the County general fund. [Ord. 4118 § 2, 1991].
7.22.130 Notices.
Any notice required to be mailed by the provisions of the Act or this chapter may, in lieu of such mailing, be personally delivered to any manager or other responsible employee or official of the permittee present at the permittee’s place of business. [Ord. 5324 § 3, 2020; Ord. 4118 § 2, 1991].