For the purposes of this chapter, the words set out in this
section shall have the following meanings:
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, or which may contain infectious agents and may pose a substantial threat to health. Biomedical waste includes biohazardous waste and medical solid waste. Biomedical waste does not include hazardous waste (as defined in 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).
means any of the following:
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;
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;
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;
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;
Any specimens sent to a laboratory for microbiological analysis;
Surgical specimens, including human or animal parts or tissues
removed surgically or by autopsy;
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.
means and includes, but is not 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.
means 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.
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 wastefilled 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 telephone number are legible and easily
visible on the outside of the bag.
means a hauler who has received a permit from the appropriate
agency to haul biohazardous waste.
means a hauler licensed by the appropriate agency to haul
solid waste.
means 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:
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;
Descriptions of the type and quantity of biomedical wastes generated
and the containers used to store and dispose of the wastes;
Methods used to store, treat and dispose of biohazardous wastes;
Methods used to store and dispose of medical solid wastes;
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.
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.
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.
(Ord. No. 89-43, § 1, 9-6-89; Ord. No. 91-1, § 1, 1-23-91)
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. No. 89-43, § 1, 9-6-89)
(a)
It shall be unlawful for any generator of biohazardous wastes who
produces less than 220 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 services.
(b)
Any person desiring a permit required by this chapter shall make
application therefor as prescribed in Section 65.107 of the San Diego
County Code of Regulatory Ordinances.
(c)
Any person who is a generator or an 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), 66840(g), 66840(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. The sections of Title 22 of the California Code of Regulations specified in this section are hereby incorporated into and made part of this code. Not less than three copies of the specified sections are on file in the office of the city clerk of the City of Escondido.
(Ord. No. 89-43, § 1, 9-6-89; Ord. No. 91-1, § 1, 1-23-91)
Any person who is a generator or an employee of a generator of biohazardous wastes, and produces 220 pounds or more of such waste per month, shall store and dispose of such waste in the manner provided for in Sections 66840 (a) through (m), 66845 (a) through (c), 66850 (a) through (h), 66855 (a) through (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. The sections of Title 22 of the California Code of Regulations specified in this section are hereby incorporated into and made a part of this code. Not less than three copies of the specified sections are on file in the office of the city clerk of the City of Escondido.
(Ord. No. 89-43, § 1, 9-6-89; Ord. No. 91-1, § 1, 1-23-91)
In addition to the requirements of sections 16B-3 and 16B-4,
all generators of biohazardous wastes shall meet the following requirements:
(a)
All sharps containers and red bags used in complying with sections
16B-3 and 16B-4 shall be of the type defined in section 16B-1 (d)
and (e).
(b)
All sharps containers and red bags shall be labeled in accordance
with section 16B-1 (d) and (e) prior to placing any materials in such
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 section 16B-1 (e). 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 above, 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 section 16B-3, whether
or not the materials are actually biohazardous wastes as defined in
section 16B-1 (b).
(Ord. No. 89-43, § 1, 9-6-89; Ord. No. 91-1, § 1, 1-23-91)
(a)
All generators of biomedical wastes shall prepare a biomedical waste
management plan as defined in section 16B-1. The plan shall be filed
with the deputy director of the environmental health services division
of the department of health services of the county, 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. No. 89-43, § 1, 9-6-89)
All generators of biomedical waste or biohazardous waste or
both shall be subject to such periodic inspections conducted by the
environmental health services division of the department of health
services of the county, and subject to applicable fees ordinarily
imposed by the environmental health services division for enforcement
of the provisions of this chapter.
(Ord. No. 89-43, § 1, 9-6-89)
Sections 16B-2 through 16B-6 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 provided
in sections 14-1 through 14-17 of this code.
(Ord. No. 89-43, § 1, 9-6-89)
Violation of any of the provisions of this chapter shall be
a misdemeanor punishable by imprisonment in the county jail not exceeding
six months, or a fine not exceeding $1,000, or both.
(Ord. No. 89-43, § 1, 9-6-89)
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
such violation.
(Ord. No. 89-43, § 1, 9-6-89)
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 the law. Such provisions are
to be construed as independent and nonexclusive and in no way conditioned
upon each other.
(Ord. No. 89-43, § 1, 9-6-89)
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 department of health services shall be the administering
agency.
(Ord. No. 89-43, § 1, 9-6-89)
