ORDINANCE NO. 718.1

AN ORDINANCE OF THE COUNTY OF RIVERSIDE REGULATING THE

GENERATION, STORAGE AND TRANSPORTATION OF MEDICAL WASTE

The Board of Supervisors of the County of Riverside, State of California, Ordains as Follows:

Section 1. INTENT AND AUTHORITY.

It is the intent of the Board of Supervisors to implement a medical waste management program in accordance with the Medical Waste Management Act, as found in the California Health and Safety Code Division 14, Part 14, which establishes requirements for the management of medical waste and makes provision for the enforcement thereof.

It is also the intent of the Board of Supervisors to establish registration and permit fees necessary to pay the reasonable expenses of administering the program.

Section 2. DEFINITIONS.

The terms used in this Ordinance shall be as defined in the Medical Waste Management Act of the California Health and Safety Code, Division 14, Part 14, as it is amended from time to time, and the regulations adopted pursuant to that Act, as amended from time to time, except for the following:

(A) "Director" shall mean the Director of Environmental Health for the County of Riverside, or his designated representative.

(B) "Local Enforcement Agency" means the County of Riverside, Department of Environmental Health.

(C) "Permit" means those approvals referred to as "permits" or registrations" within the Medical Waste Management Act of California.

(D) "Transportation permit" means the approval referred to as "limited-quantity exemptions" (for hauling small quantities of medical waste) within the Medical Waste Management Act of California.

Section 3. ENFORCEMENT.

(A) The Director is designated to enforce the provisions of the Medical Waste Management Act, as set forth in the California Health and Safety Code, Division 14, Part 14, and the regulations adopted pursuant to that Act pertaining to the enforcement, management, registration and permitting medical waste activities.

(B) No provision of this Ordinance nor the enforcement thereof, shall preclude the enforcement by the Director or the State of California or both, of any provision of the California Health and Safety Code or the regulations adopted pursuant to those provisions.

Section 4. STATUTORY REQUIREMENTS INCORPORATED BY REFERENCE.

All of the provisions of the Medical Waste Management Act as set forth in the California Health and Safety Code, Division 14, Part 14, as amended from time to time, and the regulations adopted pursuant to that Act, as amended from time to time, are hereby incorporated by reference into this Ordinance. The Medical Waste Management Act contains requirements, in addition to those in this Ordinance, for the permitting and management of medical waste.

Section 5. REPORTING REQUIREMENTS FOR PERSONS WHO GENERATE, STORE, DISPOSE,

TREAT, HAUL, OR TRANSPORT MEDICAL WASTE.

(A) The Director is hereby empowered to require all persons known or reasonably believed by him to be owners or operators of facilities where medical waste is generated, stored, handled, disposed, or treated, and owners or operators of vehicles used to haul medical waste, to complete within thirty (30) days of receipt of a written request therefor, a reporting form provided by the Director, specifying the name of the person, business address of the person, and information concerning medical waste management activities.

(B) The failure or refusal of an owner or operator to complete and return, within thirty (30) days of receipt thereof, the reporting form specified in subsection (a) of this section, shall constitute a violation of this Ordinance.

(C) The thirty (30) day time period for the completion and return of the reporting form, as specified in subsection (b) of this section, shall be computed beginning on the date the request from the Director is delivered to the facility by the Director or is received in the mail by the facility, until the date of the postmark on the reporting form that is returned by mail to the Director or on the date it is personally delivered to the Director.

Section 6. PERMIT REQUIREMENTS.

(A) Persons required by the Medical Waste Management Act to possess a permit from the local enforcement agency for activities related to medical waste generation, storage, or treatment shall make application for a permit to the County of Riverside, Department of Health. Such permit applications shall be accompanied by payment of the permit fees in the amount established by resolution by the County of Riverside Board of Supervisors.

(B) Persons required by the Medical Waste Management Act to obtain a transportation permit shall make application to the Director for a permit on a form provided by the Director.

(C) Upon receipt of all applications for permits and the required fees, the Director shall evaluate the information included in the applications. Such evaluations may include, but are not limited to, inspections by the Director of the medical waste activities at the applicant's facility to determine whether the facility meets the requirements of the Medical Waste Management Act. After such investigations have been completed, and if it appears to the Director that the statements contained in the application are true and that the medical waste activities at the applicant's facility comply with this Ordinance and the requirements of the Medical Waste Management Act for such exemption, permits shall be granted.

(D) A transportation permit shall be valid for a period of one (1) year from the date of issuance. A medical waste generator, who has duly obtained a transportation permit, and subsequent to the issuance of such permit, no longer conforms to the statutory or regulatory requirements, shall not haul medical waste or cause medical waste to be hauled except by a registered hazardous waste hauler. A medical waste generator, with a permit, may resume hauling his or her own medical waste when he or she again conforms with the statutory requirements.

(E) Application for renewal of permits shall be filed with the Director with the payment of the appropriate fees as established by the Board of Supervisors prior to the expiration date of the permit.

(F) Holders of permits shall report in writing to the Director any change of business address, change of business ownership, change of business name or change in the amount of medical waste generated when that change will alter the status of the permittee from a small quantity generator to a large quantity generator. Holders of transportation permits will report changes in the amount of waste transported if that change is from less than twenty (20) pounds per week to more than twenty (20) pounds per week or from more than twenty (20) pounds per week to less than twenty (20) pounds per week.

G) The Director may suspend, revoke, or deny a permit for any violations of this Ordinance or the

Medical Waste Management Act.

(H) No person shall haul his or her own medical waste without having a permit issued by the Director, that has not been suspended or revoked.

(I) A permit issued pursuant to this Ordinance terminates if the permittee sells or otherwise transfers the facility.

Section 7. PAYMENT OF FEES.

Prior to the issuance of a permit, there shall be paid to the Director fees as established in Ordinance No. 640. For permit applications received after the first quarter of the calendar year, the initial years fee will be prorated, based upon the number of quarters remaining in the year.

Large quantity generators and small quantity generators with common storage facilities shall be issued permits on a calendar year basis. Small quantity generators with on site treatment shall be issued a permit for two (2) calendar years, with the first installation coming due on the date of issuance of the permit and the second installation coming due on the first anniversary of the date of issuance. If an application for a permit or permit renewal is made more than 30 days after the date that such permit is required, the applicant shall pay an additional fee of 20% of the fees normally due. If an application for a permit or permit renewal is made more than 90 days after the date that such permit is required, the applicant shall pay an additional fee of 100% of the fees normally due.

Section 8. NOTICE AND HEARING FOR DENIAL, SUSPENSION OR REVOCATION OF

PERMIT

(A) Permit Denial. In the event the Director determines that an application for a permit pursuant to this Ordinance should be denied, the Director shall prepare a written notice of such denial setting forth therein a brief statement of the reasons for such denial.

(B) Non Renewal. The making of a decision of non-renewal and the reason(s) therefore, shall lie within the sole discretion of the Director. Such decision by the Director shall be indicated by a written notice to the permittee 45 days prior to the expiration of the current permit.

(C) Permit Suspension or Revocation. In the event the Director determines that a permittee is not in compliance with the requirements of this Ordinance, the terms of his permit, or State law, a written notice to comply may be issued to the permittee. If the permittee fails to comply, the Director shall issue the permittee a notice of proposed permit suspension or revocation, setting forth the acts or omissions with which the permittee is charged. Nothing herein shall preclude the imposition of a temporary suspension, as authorized by the Health and Safety Code, Section 25099.3.

(D) Appeals/Hearing. Any notice or determination of permit denial, non-renewal, suspension or revocation shall entitle the permittee, (when he or she so requests) to a hearing before the Director or his designee. A written request for a hearing may be made by the permittee within 15 calendar days after receipt of the notice. Failure to request a hearing within 15 days after receipt of the notice shall be deemed a waiver of the right to a hearing. The Director may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension, revocation or non-renewal process. The hearing shall be held within 20 County working days of the receipt of a request for a hearing, with a written notice of the decision issued by the Director within 10 County working days thereafter. The times established herein may be extended by the Director or his designee for good cause. At the hearing, the permittee may appear in person or through or with legal counsel and may present such evidence as he may desire and show cause why the application should be granted, or show cause why the permit or license should not be revoked, or show cause why the suspension of the permit should be terminated. In conducting the hearing, the Director shall receive such evidence as may concern the circumstances of the alleged violation. Formal rules of evidence shall not apply. Hearings may be tape-recorded and such recording shall be official records of such hearings and shall be retained in the custody of the Director.

Section 9. VIOLATIONS.

(A) Any person who fails to report his or her medical waste activities as required in Section 6 of this Ordinance shall be guilty of an infraction and upon conviction thereof shall be punished by: (1) a fine not exceeding two-hundred and fifty dollars ($250) for the first offense; (2) a fine not exceeding five-hundred dollars ($500) for the second offense and each additional offense after the second offense within three (3) years. Not withstanding the foregoing, a first and any subsequent offense may be charged and prosecuted as a misdemeanor.

(B) Any person who conducts activities related to the management of medical waste in a manner not authorized by his or her permit or registration or contrary to state law and there has been no penalty set by the Medical Waste Management Act or other provision by law, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by the California Penal Code, Section 19.

Section 10. SEVERABILITY.

If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, business, handler, facility or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of the remaining provisions of this Ordinance which can be given effect without the invalid provision or application. To this end the provisions of this Ordinance are hereby declared to be severable.

Section 11. EFFECTIVE DATE.

This Ordinance shall take effect on January 1, 1993.

ADOPTED: 718 09/01/1992 (Eff.: 01/01/1993)

Amended: 718.1 (06/08/93- #11.2) (Eff.: 07/09/93)

(798) (10/26/99 - #3.5) (Eff.: 11/25/99 - Various Amendments)