HomeMy WebLinkAboutCC ORD 1989-1981 Adds Ch. 9.48, medical wastes (Repealed by 2183)ORDINANCE NO. 1981
AN ORDINANCE OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 9.48 TO TITLE 9 OF THE NATIONAL
CITY MUNICIPAL CODE, RELATING TO THE REGULATION
OF THE STORAGE AND DISPOSAL OF MEDICAL WASTES
BE IT ORDAINED by the City Council of the City of
National City that Chapter 9.48 is hereby added to Title 9 of
the National City Municipal Code, to read as follows:
Sections:
9.48.010
9.48.020
9.48.030
9.48.040
9.48.050
9.48.060
9.48.070
9.48.080
9.48.090
9.48.100
Chapter 9.48
MEDICAL WASTES
Definitions.
Medical Solid Wastes.
Biohazardous Wastes - Small Generators.
Biohazardous Wastes - Large Generators.
Sharps Containers and Red Bags - Additional
Requirements.
Management Plan - Preparation and Filing.
Exemption.
Criminal Penalty.
Additional Remedies.
Enforcement.
9.48.010 Definitions. Whenever in this chapter the
following terms are used they shall have the meanings
respectively ascribed to them in this section:
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, 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)).
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, waste 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.
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, production of biologicals, or testing of
pharmaceuticals which are suspected of being infected with a
disease communicable to humans.
biologic
parts or
5. Any specimens sent to a laboratory for micro-
analysis.
6. Surgical specimens including human or animal
tissues removed surgically or by autopsy.
7. 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.
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 Container" are: leak proof, 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.
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 of the County of San Diego and
shall contain the following information:
2
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.
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.
I. "Putrescible Biohazardous Waste" means biohazardous
waste subject to decomposition by microorganisms which
produce a foul odor. Putrescible biohazardous waste
includes, but is not limited to, blood and urine specimens and
cultures.
9.48.020 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.
9.48.030 Biohazardous Wastes - Small Generators.
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 of the County of San Diego.
B. Any person desiring a permit required by this
Chapter shall make application therefor as prescribed in Title
6, Division 5, Section 65.107 of the Code of Regulatory
Ordinances of the County of San Diego.
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 of the County of San Diego, 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. The sections of Title 22 of the California Code
3
of Regulations specified in this section are hereby
incorporated into and made a part of this Chapter. Not less
than three copies of the specified sections are on file in the
Office of the Clerk of the Board of Supervisors of the County
of San Diego as documents number 716513, 716513(A), and
716513(B) .
9.48.040 Biohazardous Wastes - Large Generators. Any
person who is a generator, or an employee of a generator, of
biohazardous wastes, and produces 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 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 Chapter. Not less than three copies of
the specified sections are on file in the Office of the Clerk
of the Board of Supervisors of the County of San Diego as
documents numbered 716514, 716514(A), and 716514(B).
9.48.050 Sharps Containers and Red Bags - Additional
Requirements. In addition to the requirements of Sections
9.48.030 and 9.48.040, all generators of biohazardous wastes
shall meet the following requirements:
A. All sharps containers and red bags used in complying
with sections 9.48.030 and 9.48.040 shall be of the type
defined in Section 9.48.010 D and E.
B. All sharps containers and red bags shall be labeled
in accordance with Section 9.48.010 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 9.48.010 E. More than one red bag may be placed
in a 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 9.48.030 whether or not the materials are actually
biohazardous wastes as defined in Section 9.48.010 B.
9.48.060 Management Plan - Preparation and Filing.
A. All generators of biomedical wastes shall prepare
a Biomedical Waste Management Plan as defined in Section
9.48.010 H. The Plan shall be filed with the Deputy Director
of Environmental Health Services of the County of San Diego,
and a copy shall be kept at all times on the premises of the
facility in which biomedical wastes are being generated.
4
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.
9.48.070 Exemption. This Chapter shall not applicable
to biomedical wastes produced by individuals through personal
use at their residences and which are disposed of through
residential service as defined in Section 68.501(b) (30) of the
Code of Regulatory Ordinances of the County of San Diego.
9.48.080 Criminal Penalty. Violation of any of the
provisions of this Chapter shall be a misdemeanor, punishable
as set forth in Section 1.20.010 of this Code.
9.48.090 Additional Remedies. The penalties set forth
in 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.
9.48.100 Enforcement. The Deputy Director of the
Environmental Health Services Division of the Department of
Health Services of the County of San Diego shall be
responsible for enforcing the provisions of this Chapter. The
Environmental Health Services Division of the Department of
Health Services of the County of San Diego shall be the
administering agency.
PASSED and ADOPTED this 2 5 t h day of JULY
ATTEST:
Lor
cDflAt Lt,eraii3
Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser,
City Attorney
4
, 1989.
George H. Waters, Mayor
5
Passed and adopted by the Council of the City of National City, California,
on 7/25/89 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Dalla, Inzunza, Pruitt, VanDeventer, Waters
None
None
None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
.
City Cl k of the CitY of National Ci ,
Y
California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on
and on
7/25/89
7/11/89
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1981 of the City of National City, passed
and adopted by the Council of said City on 7/25/89
(Seal)
By:
City Clerk of the City of National City, California
Deputy