2005 California Health and Safety Code Sections 117915-117945 CHAPTER 4. SMALL QUANTITY GENERATOR REQUIREMENTS

117915.  Containment and storage of medical waste shall be in
accordance with Chapter 9 (commencing with Section 118275).
117918.  Treatment of medical waste shall be in accordance with
Chapter 8 (commencing with Section 118215).
117920.  The fee schedule specified in Section 117923 shall be for
the issuance of medical waste registrations and for conducting
inspections pursuant to this chapter when the department serves as
the enforcement agency for small quantity generators.  This fee
schedule shall be adjusted annually in accordance with Section
100425.  On or before January 1, 1993, the department may adjust by
regulation the fees specified in Section 117923 to reflect the actual
costs of implementing this chapter.  Local enforcement agencies
shall set fees that shall be sufficient to cover their costs in
implementing this part with regard to small quantity generators
required to be registered pursuant to Section 117925.
117923.  (a) The registration and inspection fee for small quantity
generators using onsite treatment, including an autoclave,
incinerator, or microwave technology, to treat medical waste is one
hundred dollars ($100), that shall be paid once every two years.
   (b) The annual permit fee for a common storage facility permitted
pursuant to Section 117928 is the amount specified in the following
schedule:
   (1) For storage facilities serving 10 or fewer generators, the
permit fee is one hundred dollars ($100).
   (2) For storage facilities serving 11 or more generators, but not
more than 50 generators, the permit fee is two hundred fifty dollars
($250).
   (3) For storage facilities serving more than 50 generators, the
permit fee is five hundred dollars ($500).
117924.  (a) When the department is the enforcement agency, the
department shall impose and cause the collection of an annual medical
waste generator fee in an amount not to exceed twenty-five dollars
($25) on small quantity generators of medical waste, except for those
small quantity generators that are required to register pursuant to
Section 117925 and those generators generating only biohazardous
waste as defined in subdivision (g) of Section 117635.  Nothing in
this part shall prevent the department from contracting with entities
other than the department for these fee collection activities or
from entering into agreements with medical waste transporters or
providers of medical waste mail-back systems for the collection of
these fees, if the department determines that such a fee collection
arrangement would be cost-effective.
   (b) If the department determines to enter into a contract with a
medical waste transporter or provider of medical waste mail-back
systems for the collection of the fees, the department shall do all
of the following:
   (1) Establish that not more than 5 percent of the fees collected
may be recovered by the medical waste transporter or provider of
medical waste mail-back systems as administrative costs for the
collection of those fees.
   (2) Establish that the administrative costs for the collection of
the fees shall be the same for all medical waste transporters and
providers of medical waste mail-back systems.
   (3) Prohibit any medical waste transporter or provider of medical
waste mail-back systems from waiving the generator fee without the
written approval of the department and only if the medical waste
generator has made a written request for the waiver.
   (4) Require the medical waste transporter or provider of medical
waste mail-back systems to report the fees collected pursuant to
subdivision (a) to the department.
   (5) Prohibit the medical waste transporter or provider of medical
waste mail-back systems from assuming the role of the department as
an enforcement agent for purposes of collecting the medical waste
generator fees.
   (6) Require medical waste transporters or providers of medical
waste mail-back systems to include the following language in at least
12-point type on their invoices to medical waste generators.
   "Pursuant to Section 117924 of the California Health and Safety
Code, the State Department of Health Services has contracted with us
to collect your annual medical waste generator fee.  The department
may offset our costs of collection and administration in an amount
that may not exceed 5 percent of the fee collected.  We may not waive
the fee without written approval of the department, and only if you
have made a written request for the waiver."
117925.  (a) Each small quantity generator using onsite steam
sterilization, incineration, or microwave technology to treat medical
waste shall register with the enforcement agency.  Small quantity
generators owning or operating a medical waste treatment facility
shall also apply for a permit for that treatment facility pursuant to
Chapter 7 (commencing with Section 118130).
   (b) Small quantity generators using onsite treatment, as specified
in subdivision (a), that operate as a business in the same building,
or that are associated with a group practice in the same building,
may register as one generator.
   (c) Small quantity generators using onsite treatment, as specified
in subdivision (a), as specified in subdivision (b), operating in
different buildings on the same or adjacent property, or as approved
by the enforcement agency, may register as one generator.
   (d) "Adjacent," for purposes of subdivision (c), means real
property within 400 yards from the property boundary of the primary
registration site.
117928.  (a) Any common storage facility for the collection of
medical waste produced by small quantity generators operating
independently, but sharing common storage facilities, shall have a
permit issued by the enforcement agency.
   (b) A permit for any common storage facility specified in
subdivision (a) may be obtained by any one of the following:
   (1) A provider of health care as defined in subdivision (d) of
Section 56.05 of the Civil Code.
   (2) The registered hazardous waste transporter.
   (3) The property owner.
   (4) The property management firm responsible for providing tenant
services to the medical waste generators.
117930.  Small quantity generators that treat waste onsite, pursuant
to subdivision (a) of Section 117925, shall register with the
enforcement agency prior to the commencement of treatment.
117933.  Common storage facilities subject to Section 117928 shall
obtain a permit from the enforcement agency on or before April 1,
1991, where the storage of medical waste in the common storage
facility began prior to that date.
   In those cases where the storage of medical waste begins after
April 1, 1991, permits shall be obtained pursuant to this chapter
prior to commencement of storage of medical waste in the common
storage facility.
117935.  Any small quantity generator required to register with the
enforcement agency pursuant to Section 117930 shall file with the
enforcement agency a medical waste management plan, on forms
prescribed by the enforcement agency containing, but not limited to,
all of the following:
   (a) The name of the person.
   (b) The business address of the person.
   (c) The type of business.
   (d) The types, and the estimated average monthly quantity, of
medical waste generated.
   (e) The type of treatment used onsite.
   (f) The name and business address of the registered hazardous
waste hauler used by the generator for backup treatment and disposal,
for waste when the onsite treatment method is not appropriate due to
the hazardous or radioactive characteristics of the waste, or the
name of the registered hazardous waste hauler used by the generator
to have untreated medical waste removed for treatment and disposal.
   (g) A statement indicating that the generator is hauling the
medical waste generated in his or her business pursuant to Section
118030 and the name and any business address of the treatment and
disposal facilities to which the waste is being hauled, if
applicable.
   (h) The name and business address of the registered hazardous
waste hauler service provided by the building management to which the
building tenants may subscribe or are required by the building
management to subscribe and the name and business address of the
treatment and disposal facilities used, if applicable.
   (i) A statement certifying that the information provided is
complete and accurate.
117938.  (a) Small quantity generators using onsite steam
sterilization, incineration, or microwave technology to treat medical
waste are subject to biennial inspection of that onsite treatment
facility by the enforcement agency and may be subject to the
permitting requirements for onsite medical waste treatment facilities
as determined by the enforcement agency.
   (b) The inspection and permitting requirements of subdivision (a)
do not apply when onsite steam sterilization is not used for the
treatment or disposal of medical waste.
117940.  (a) Each enforcement agency shall follow procedures
consistent with this chapter in registering medical waste generators.
   (b) Each medical waste generator registration issued by the
enforcement agency shall be valid for two years.
   (c) An application for renewal of the registration shall be filed
with the enforcement agency on or before the expiration date.
   (d) Generators shall submit within 30 days an updated application
form when any of the information specified in subdivisions (a) to
(i), inclusive, of Section 117935 changes.
117943.  A medical waste generator required to register pursuant to
this chapter shall maintain individual treatment, and tracking
records, if applicable, for three years, or for the period specified
in the regulations, and shall report or submit to the enforcement
agency, upon request, both of the following:
   (a) Treatment operating records.
   (b) An emergency action plan complying with regulations adopted by
the department.
117945.  Small quantity generators who are not required to register
pursuant to this chapter shall maintain on file in their office all
of following:
   (a) An information document stating how the generator contains,
stores, treats, and disposes of any medical waste generated through
any act or process of the generator.
   (b) Records of any medical waste transported offsite for treatment
and disposal, including the quantity of waste transported, the date
transported, and the name of the registered hazardous waste hauler or
individual hauling the waste pursuant to Section 118030.  The small
quantity generator shall maintain these records for not more than two
years.