Ord 291ORDINANCE NO. 291
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING CHAPTER 8.89 OF TITLE 8 TO
THE POWAY MUNICIPAL CODE RELATING TO
THE STORAGE AND DISPOSAL OF MEDICAL WASTES
WHEREAS, on March 14, 1989, the County of San Diego adopted an ordinance
regulating medical waste and requested that all cities also adopt an ordinance
in order to maintain County-wide consistency; and
WHEREAS, the City of Poway conducted an Environmental Initial Study and
determined that the adoption of the proposed ordinance would not cause any
significant adverse environmental impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 8.89 is hereby added to Title 8 of the Poway Municipal
Code to read as follows:
Chapter 8.89
MEDICAL WASTE
Section 8.89.010 Definitions of Terms.
(A) "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 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)).
(B) "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.
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(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, produc-
tion of biologicals, or testing of pharmaceuticals which are suspected
of being infected with a disease con~nunicable to humans.
(5) Any specimens sent to a laboratory for micro-biologic
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 administra-
tion 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.
(C) "Medical Solid Waste" shall include, but not be limited to, waste
such as empty specimen containers, bandages, dressings containing non-liquid
blood, surgical gloves, decontaminated biohazardous waste, and other
materials which are not biohazardous.
(D) "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.
(E) "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.
(F) "Permitted Biohazardous Waste Hauler" is a hauler who has received
a permit from the appropriate agency to haul biohazardous waste.
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(G) "Solid Waste Hauler" is a hauler licensed by the appropriate
agency to haul solid waste.
(H) "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.
{I) "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 speci-
mens and cultures.
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.
Section 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.
Section 8.89.030 Biohazardous Wastes - Small Generators.
(A) It shall be 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.
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(B) Any person desiring a permit required by this chapter shall make
application therefore as prescribed by the County.
(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)-{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. Non-putrescible
biohazardous waste {including sharps} shall not be maintained by the
generator for more than six months.
Section 8.89.040 Biohazardous Wastes - Large Generators. Any person who
is a generator, or an employee of a generator, of biohazardous wastes, and pro-
duces 220 pounds or more of such wastes per month, shall store and dispose of
such waste in the manner provided for in Section 66840{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 biome-
dical waste management plan, and documentation verifying the manner of disposal
used.
Section 8.89.050 Sharps Containers and Red Bags-Additional Requirements.
In addition to the requirements of Section 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 Sections
8.89.030 and 8.89.040 shall be of the type defined in Section 8.89.010{D)
and (E).
{B} All sharps containers and red bags shall be labeled in accordance
with Section 8.89.010{D} and {E) prior to placing any materials in said
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 8.89.010{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.
TE) 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.
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(G All materials disposed of in sharps containers shall be managed in
the manner prescribed for biohazardous wastes in Section 8.89.030 whether or
not the materials are actually biohazardous wastes as defined in Section
8.89.010(B).
Section 8.89.060 Management Plan - Preparation and Filing.
(A) All generators of biomedical wastes shall prepare a Biomedical
Waste Management Plan as defined in Section 8.89.010{H}. 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 re-
filed annually, or when any of the information contained therein has changed,
whichever occurs first.
Section 8.89.070 Exemption. Sections 8.89.020 - 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 Section 8.68.140{A) of this Code.
Section 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 ten thousand dollars
{$10,000), or both.
Section 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
fifteen thousand dollars {$15,000) for each violation.
Section 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. Said provisions are to be
construed as independent and non-exclusive and in no way conditioned upon each
other.
Section 8.89.110 Enforcement. The Deputy Director of the Environmental
Health Services Division of the Department of Health Services shall be respon-
sible 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.
Section 2. If any portion of this ordinance should be determined to be
unconstitutional or otherwise unenforceable by a court of competent jurisdic-
tion, the remaining portions of this ordinance shall continue in full force and
effect.
Ordinance No. 29!
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Section 3. This ordinance shall take effect and be in force thirty (30) days
after the date of its passage; and the City Clerk of the City of Poway is hereby
authorized to use summary publication procedures pursuant to Government Code
Section 36933 utilizing the Poway News-Chieftain, a newspaper of general
circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 30th day of May, 1989, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 13th day of June, 1989, by
the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
Carl R. Kruse, Mayor
Marjori~hlsten, City Clerk