Amended in Senate May 21, 2014

Amended in Senate July 11, 2013

Amended in Assembly May 8, 2013

Amended in Assembly March 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 333

Introduced by Assembly Member Wieckowski

February 13, 2013

An act to amend Sections begin insert 117605, 117665, end insert 117695, begin insert 117700 end insert 117710, begin insert 117725, 117747, end insert 117765, begin insert 117775, 117805, 117820, 117835, 117885, 117890, 117900, end insert 117903, begin insert 117904, end insert 117918, begin insert 117920, 117924, end insert 117935, begin insert 117938, 117940, end insert 117943, 117945, 117950, 117960, 117970, begin insert 117990, 118000, end insert 118025, 118027, begin delete and end delete begin insert 118029, 118032, 118045, 118135, 118150, 118155, 118160, 118205, 118215, 118220, 118222, end insert 118240 begin insert , 118245, 118275, 118280, 118286, 118307, 118321.1, 118321.5, 118335, and 118345 end insert of, to add Sections begin insert 117636, 117647, 117663, 117664, end insert 117946 begin delete and end delete begin insert , 117967, and end insert 117976 to, begin insert to repeal Sections 117620, 117635, 117748, 117755, 117777 117895, 117915, 117933, 117955, 117980, 117985, 118005, 118030, and 118040 of, end insert and to repeal and add Sections 117630, 117662, begin insert 117690, end insert 117750, 117770, 117780, and 117975 of, the Health and Safety Code, relating to medical waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 333, as amended, Wieckowski. Medical waste.

(1) Existing law, the Medical Waste Management Act, regulates the disposal of medical waste, including requiring specified biohazard materials to be disposed of in biohazard bags and requiring specified treatment for medical waste. Transportation, storage, treatment, or disposal of medical waste in a manner not authorized by the act is a crime. Existing law defines specified terms for purposes of the Medical Waste Management Act, including “biohazard bag,” “medical waste management plan,” “health care professional,” “sharps container,” “shipping document,” and “treatment.” Under existing law, health care professionals who generate medical waste are generally required to have medical waste transported by a registered hazardous waste transporter. Under existing law , a health care professional is a person licensed under specified provisions, including dentists and physicians and surgeons.

This bill would begin insert specify that the United States Department of Transportation has responsibility for the transportation of medical waste on public roads and highways and that the United States Postal Service has responsibility for the transportation of medical waste through the mail. The bill would remove and recast provisions of the act that are inconsistent with that authority. The bill would also end insert redefine the begin delete above-referenced end delete begin insert specified end insert terms for purposes of the Medical Waste Management Act begin insert , including those above, add definitions of terms, including a chemotherapeutic agent, end insert and expand the scope of a health care professional to include any person who generates medical waste in a health care setting or in the course of providing health care services. begin insert The bill would include all subsets of waste in the definition of treatment. The bill would also authorize the color coding of sharps containers to segregate the waste stream if designated in the medical waste management plan. end insert

begin insert

(2) Existing law authorizes a local agency to adopt a medical waste management program to, among other things, issue medical waste registrations and permits and inspect medical waste generators and treatment facilities, and requires the local agency, if it elects to do so, to notify the department. Under existing law, if the local agency chooses not to adopt a medical waste management program or if the department withdraws its designation, then the department is the enforcement agency.

end insert begin insert

Existing law, requires the department to impose and cause to be collected an annual medical waste generator fee, as specified. Existing law authorizes the department to contract with a medical waste transporter or provider of medical waste mail-back systems for the collection of these fees and authorizes the collecting body to recover not more than 5% of the fees as administrative costs.

end insert begin insert

This bill would remove the ability of the department to use medical waste mail-back systems for the collection of these fees and would authorize medical waste transporters that collect these fees to recover up to 7.5% as administrative costs.

end insert begin delete

(2)

end delete

begin insert (3) end insert  Under the Medical Waste Management Act, medical waste generators, including large quantity generators and small quantity generators, are subject to various requirements relating to registration, record retention, and transportation of medical waste.

This bill would revise the registration procedures and the record requirements for large quantity and small quantity generators. begin insert The bill would require large and small quantity generators that operate treatment equipment to receive annual training to operate the equipment. end insert The bill would exempt from regulation as a hazardous waste hauler a small quantity generator or large quantity generator that meets specified requirements, including retaining specified documentation and complying with certain federal requirements relating to a materials of trade exception.

The bill would make technical, conforming, and clarifying changes relating to these provisions.

begin insert

Existing law prohibits a large quantity generator from generating medical waste unless the large quantity generator is registered with the enforcement agency.

end insert begin insert

This bill would authorize a large quantity medical waste generator who is registered with the enforcement agency to generate medical waste at a temporary event, including vaccination clinics, and would require the large quantity generator to notify the enforcement agency of its participation at such an event.

end insert begin insert

(4) Existing law requires that all medical waste be hauled by either a registered hazardous waste hauler or by a person with an approved limited-quantity exemption granted pursuant to specified provisions of law. Existing law also specifies treatment methods and processes that medical waste treatment facilities are required to use, including requiring heat sensitive tape to show that materials went through a heat process, and requires a medical waste treatment facility to be permitted by the department.

end insert begin insert

This bill would make specified changes to the provisions relating to medical waste haulers, including removing provisions that conflict with the United States Department of Transportation regulation of those entities and making changes to the information medical waste haulers are required to provide to the department annually. This bill would also make various changes to the provisions relating to medical waste treatment facilities, including specifying the decontamination methods for a closure plan, lowering the time period for which records are maintained from 3 to 2 years, and authorizing the use of electronic information for operating records and shipping documents.

end insert begin delete

(3)

end delete

begin insert (5) end insert  Existing law exempts from specified provisions of the Medical Waste Management Act a person who is authorized to collect solid waste and who unknowingly transports medical waste to a solid waste facility, incidental to the collection of solid waste.

This bill would exempt those persons from the entire act, with regard to that waste, and would require the solid waste transporter to contact the originating generator of the medical waste to respond to the facility to provide ultimate proper disposal of the medical waste.

begin delete

(4)

end delete

begin insert ( end insert begin insert 6) end insert  Existing law requires that animals that die of infectious diseases be treated as medical waste, as specified, if, in the opinion of the attending veterinarian or local health officer, the carcass presents a danger of infection to humans.

This bill would require the carcasses of animals that have died of infectious diseases or that have been euthanized because of suspected exposure to infectious disease to be treated with a treatment technology approved by the department if, in the opinion of the attending veterinarian or local health officer, the carcass presents a danger of infection to humans. By expanding the definition of a crime, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 117605 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117605.  

begin delete This part end delete begin insert (a) end insert begin insert   end insert begin insert The United States Department of
Transportation (USDOT) is responsible for the transportation of
medical waste on public roads and highways. The United States
Postal Service (USPS) is responsible for the transportation of
medical waste through the mail and approves medical waste
mail-back systems. The standards USDOT enforces are found in
Title 49 of the Code of Federal Regulations. The standards USPS
enforces are found in Domestic Mail Manual 601.10.17.5
(Mailability: Hazardous Materials: Sharps and Other Mailable
Regulated Medical Waste). The USDOT and USPS regulations
preempt state laws. end insert

begin insert (b) end insert begin insert   end insert begin insert The Medical Waste Management Act end insert does not preempt any
local ordinance regulating infectious waste, as that term was
defined by Section 25117.5 as it read on December 31, 1990, if
the ordinance was in effect on January 1, 1990, and regulated both
large and small quantity generators. Any ordinance may be
amended in a manner that is consistent with this part.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 117620 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117620.  

The department and any local enforcement agency
initially electing to implement a medical waste management
program pursuant to this part shall initiate that program and begin
enforcement of its provisions on or before April 1, 1991, except
for medical waste programs operating under Section 117605.

end delete

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 117630 of the Health and Safety Code is
repealed.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 117630 is added to the Health and Safety Code,
to read:

117630.  

“Biohazard bag” means a disposable film bag that is
impervious to moisture. The film bags that are used for transport
shall be marked and certified by the manufacturer as having passed
the tests prescribed for tear resistance in the American Society for
Testing Materials (ASTM) D1922, “Standard Test Method for
Propagation Tear Resistance of Plastic Film and Thin Sheeting by
Pendulum Method” and for impact resistance in ASTM D 1709,
“Standard Test Methods for Impact Resistance of Plastic Film by
the Free-Falling Dart Method,” as those documents are published
on January 1, 2014. The film bag shall meet an impact resistance
of 165 grams and a tearing resistance of 480 grams in both parallel
and perpendicular planes with respect to the length of the bag. The
color of the bag shall be red, except when other colors are used to
further segregate the waste stream, including for trace
chemotherapy wastes, laboratory wastes, and other subsets of the
waste stream. If additional colors are used other than the standard
red bag, the color assignments shall be designated in the facility’s
medical waste management plan.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 117635 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117635.  

“Biohazardous waste” means any of the following:

(a)  Laboratory waste, including, but not limited to, all of the
following:

(1)  Human or animal specimen cultures from medical and
pathology laboratories.

(2)  Cultures and stocks of infectious agents from research and
industrial laboratories.

(3)  Wastes from the production of bacteria, viruses, spores,
discarded live and attenuated vaccines used in human health care
or research, discarded animal vaccines, including Brucellosis and
Contagious Ecthyma, as identified by the department, and culture
dishes and devices used to transfer, inoculate, and mix cultures.

(b)  Human surgery specimens or tissues removed at surgery or
autopsy, which are suspected by the attending physician and
surgeon or dentist of being contaminated with infectious agents
known to be contagious to humans.

(c)  Animal parts, tissues, fluids, or carcasses suspected by the
attending veterinarian of being contaminated with infectious agents
known to be contagious to humans.

(d)  Waste, which at the point of transport from the generator’s
site, at the point of disposal, or thereafter, contains recognizable
fluid blood, fluid blood products, containers or equipment
containing blood that is fluid, or blood from animals known to be
infected with diseases which are highly communicable to humans.

(e)  Waste containing discarded materials contaminated with
excretion, exudate, or secretions from humans or animals that are
required to be isolated by the infection control staff, the attending
physician and surgeon, the attending veterinarian, or the local
health officer, to protect others from highly communicable diseases
or diseases of animals that are highly communicable to humans.

(f)  (1)  Waste which is hazardous only because it is comprised
of human surgery specimens or tissues which have been fixed in
formaldehyde or other fixatives, or only because the waste is
contaminated through contact with, or having previously contained,
chemotherapeutic agents, including, but not limited to, gloves,
disposable gowns, towels, and intravenous solution bags and
attached tubing which are empty. A biohazardous waste which
meets the conditions of this paragraph is not subject to Chapter
6.5 (commencing with Section 25100) of Division 20.

(2)  For purposes of this subdivision, “chemotherapeutic agent”
means an agent that kills or prevents the reproduction of malignant
cells.

(3)  For purposes of this subdivision, a container, or inner liner
removed from a container, which previously contained a
chemotherapeutic agent, is empty if the container or inner liner
removed from the container has been emptied by the generator as
much as possible, using methods commonly employed to remove
waste or material from containers or liners, so that the following
conditions are met:

(A)  If the material which the container or inner liner held is
pourable, no material can be poured or drained from the container
or inner liner when held in any orientation, including, but not
limited to, when tilted or inverted.

(B)  If the material which the container or inner liner held is not
pourable, no material or waste remains in the container or inner
liner that can feasibly be removed by scraping.

(g)  Waste that is hazardous only because it is comprised of
pharmaceuticals, as defined in Section 117747. Notwithstanding
subdivision (a) of Section 117690, medical waste includes
biohazardous waste that meets the conditions of this subdivision.
Biohazardous waste that meets the conditions of this subdivision
is not subject to Chapter 6.5 (commencing with Section 25100) of
Division 20.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 117636 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 117636. end insert   

“Chemotherapeutic agent” means an agent that kills
or prevents the reproduction of malignant cells. Chemotherapeutic
agent excludes anti-inflammatory and antibiotic medications used
to treat malignant cells in the practice of veterinary medicine.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 117647 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 117647. end insert   

“Empty tubing or container” means a condition
achieved when tubing, a container, or inner liner removed from
a container that previously contained liquid or solid material,
including, but not limited to, a chemotherapeutic agent, is
considered empty. The tubing, container, or inner liner removed
from the container shall be considered empty if it has been emptied
by the generator as much as possible, using methods commonly
employed to remove waste material from tubing, containers, or
liners, so that the following conditions are met:

(a) If the material that the tubing, container, or inner liner held
is pourable, no material can be poured or drained from the tubing,
container, or inner liner when held in any orientation, including,
but not limited to, when tilted or inverted.

(b) If the material that the tubing, container, or inner liner held
is not pourable, no material or waste remains in the container or
inner liner that can feasibly be removed by scraping.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 8. end insert   

Section 117662 of the Health and Safety Code is
repealed.

begin delete SEC. 4. end delete
begin insert SEC. 9. end insert   

Section 117662 is added to the Health and Safety Code,
to read:

117662.  

“Health care professional” means any person who
generates medical waste in a health care setting or in the course
of providing a health care service.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 117663 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 117663. end insert   

“Health care and veterinary services” means services
organized, delivered, and maintained for the diagnosis, care,
immunization, prevention, and treatment of human and animal
illness.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 117664 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 117664. end insert   

“Health care and veterinary settings” means a facility,
location, place, or building that is organized, maintained, and
operated, in whole or in part, fixed or mobile, for the diagnosis,
care, prevention, and treatment of human and animal illness.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 117665 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117665.  

“Highly communicable diseases” means diseases,
such as those caused by organisms classified by the federal Centers
for Disease Control begin insert and Prevention end insert as begin delete Biosafety Level IV end delete begin insert risk
group 3 end insert organisms begin delete , that, in the opinion of the infection control
staff, the department, local health officer, attending physician and
surgeon, or attending veterinarian, merit special precautions to
protect staff, patients, and other persons from infection end delete begin insert or higher end insert .

begin delete

“Highly communicable diseases” does not include diseases such
as the common cold, influenza, or other diseases not representing
a significant danger to nonimmunocompromised persons.

end delete

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 117690 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117690.  

(a)  “Medical waste” means waste that meets both of
the following requirements:

(1)  The waste is composed of waste that is generated or
produced as a result of any of the following actions:

(A)  Diagnosis, treatment, or immunization of human beings or
animals.

(B)  Research pertaining to the activities specified in
subparagraph (A).

(C)  The production or testing of biologicals.

(D)  The accumulation of properly contained home-generated
sharps waste that is brought by a patient, a member of the patient’s
family, or by a person authorized by the enforcement agency, to
a point of consolidation approved by the enforcement agency
pursuant to Section 117904 or authorized pursuant to Section
118147.

(E)  Removal of a regulated waste, as defined in Section 5193
of Title 8 of the California Code of Regulations, from a trauma
scene by a trauma scene waste management practitioner.

(2)  The waste is either of the following:

(A)  Biohazardous waste.

(B)  Sharps waste.

(b)  For purposes of this section, “biologicals” means medicinal
preparations made from living organisms and their products,
including, but not limited to, serums, vaccines, antigens, and
antitoxins.

(c)  Medical waste includes trauma scene waste.

end delete

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 117690 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 117690. end insert   

(a) “Medical waste” means any biohazardous,
pathology, pharmaceutical, trace or bulk chemotherapy waste not
regulated by the federal Resource Conservation and Recovery Act
of 1976 (Public Law 94-580), as amended; sharps and trace
chemotherapy wastes generated in a health care setting in the
diagnosis, treatment, immunization, or care of humans or animals;
waste generated in autopsy or necropsy; waste generated during
preparation of a body for final disposition such as cremation or
interment; waste generated in research pertaining to the production
or testing of microbiologicals; waste generated in research using
human or animal pathogens; sharps and laboratory waste that
poses a potential risk of infection to humans generated in the
inoculation of animals in commercial farming operations; waste
generated from the consolidation of home-generated sharps; and
waste generated in the clean up of trauma scenes. Biohazardous,
pathology, pharmaceutical, sharps, and trace chemotherapy wastes
that are classified as medical wastes shall not be subject to any
of the hazardous waste requirements found in Chapter 6.5
(commencing with Section 25100) of Division 20.

(b) For purposes of this part the following definitions apply:

(1) “Biohazardous waste” includes all of the following:

(A) (i) Regulated medical waste, clinical waste, or biomedical
waste that is a waste or reusable material derived from the medical
treatment of a human or from an animal that is suspected by the
attending veterinarian of being infected with a pathogen that is
also infectious to humans, which includes diagnosis and
immunization; or from biomedical research, which includes the
production and testing of biological products.

(ii) Regulated medical waste or clinical waste or biomedical
waste suspected of containing a highly communicable disease.

(B) Laboratory waste such as human specimen cultures or
animal specimen cultures that are infected with pathogens that
are also infectious to humans; cultures and stocks of infectious
agents from research; wastes from the production of bacteria,
viruses, spores, discarded live and attenuated vaccines used in
human health care or research, discarded animal vaccines,
including Brucellosis and Contagious Ecthyma, as defined by the
department; culture dishes, devices used to transfer, inoculate,
and mix cultures; and wastes identified by Section 173.134 of Title
49 of the Code of Federal Regulations as Category B “once
wasted” for laboratory wastes.

(C) Waste that, at the point of transport from the generator’s
site or at the point of disposal contains recognizable fluid human
blood, fluid human blood products, containers, or equipment
containing human blood that is fluid, or blood from animals known
to be infected with highly communicable diseases.

(D) Waste containing discarded materials contaminated with
excretion, exudate, or secretions from humans or animals that are
required to be isolated by the infection control staff, the attending
physician and surgeon, the attending veterinarian, or the local
health officer, to protect others from highly communicable diseases
or diseases of animals that are communicable to humans.

(2) Pathology waste includes both of the following:

(A) Human body parts, with the exception of teeth, removed at
surgery and surgery specimens or tissues removed at surgery or
autopsy that are suspected by the health care professional of being
contaminated with infectious agents known to be contagious to
humans or having been fixed in formaldehyde or another fixative.

(B) Animal parts, tissues, fluids, or carcasses suspected by the
attending veterinarian of being contaminated with infectious agents
known to be contagious to humans.

(3) “Pharmaceutical waste” means a pharmaceutical, as defined
in Section 117747, that is a waste, as defined in Section 25124.
For purposes of this part, “pharmaceutical waste” does not include
a pharmaceutical that meets either of the following criteria:

(A) The pharmaceutical is being sent out of the state to a reverse
distributor, as defined in Section 4040.5 of the Business and
Professions Code, that is licensed as a wholesaler of dangerous
drugs by the California State Board of Pharmacy pursuant to
Section 4161 of the Business and Professions Code.

(B) The pharmaceutical is being sent by a reverse distributor,
as defined in Section 4040.5 of the Business and Professions Code,
offsite for treatment and disposal in accordance with applicable
laws, or to a reverse distributor that is licensed as a wholesaler
of dangerous drugs by the California State Board of Pharmacy
pursuant to Section 4160 of the Business and Professions Code
and as a permitted transfer station if the reverse distributor is
located within the state.

(4) “Sharps waste” means a device contaminated with
biohazardous waste that has acute rigid corners, edges, or
protuberances capable of cutting or piercing, including, but not
limited to, hypodermic needles, hypodermic needles with syringes,
blades, needles with attached tubing, acupuncture needles, root
canal files, broken glass items used in health care such as Pasteur
pipettes and blood vials contaminated with biohazardous waste,
and any item capable of cutting or piercing from trauma scene
waste.

(5) “Trace chemotherapeutic waste” means waste that is
contaminated through contact with, or having previously contained,
chemotherapeutic agents, including, but not limited to, gloves,
disposable gowns, towels, and intravenous solution bags and
attached tubing that are empty. A biohazardous waste that meets
the conditions of this paragraph is not subject to the hazardous
waste requirements of the Department of Toxic Substances Control.

(6) “Trauma scene waste” means waste that is a regulated
waste, as defined in Section 5193 of Title 8 of the California Code
of Regulations, and that has been removed, is to be removed, or
is in the process of being removed, from a trauma scene by a
trauma scene waste management practitioner.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 15. end insert   

Section 117695 of the Health and Safety Code is
amended to read:

117695.  

Medical waste that has been treated in accordance
with the provisions of the Medical Waste Management Act,
Chapter 8 (commencing with Section 118215), and that is not
otherwise hazardous, shall thereafter be considered solid waste as
defined in Section 40191 of the Public Resources Code and not
medical waste.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 117700 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117700.  

Medical waste does not include any of the following:

(a) Waste generated in food processing or biotechnology that
does not contain an infectious agent begin delete as defined in Section 117675 end delete
begin insert or an agent capable of causing an infection that is highly
communicable end insert .

(b) Waste generated in biotechnology that does not contain
human blood or blood products or animal blood or blood products
suspected of being contaminated with infectious agents known to
be communicable to humans begin insert or a highly communicable disease end insert .

(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears,
or vomitus, unless it contains begin insert visible end insert fluid blood begin delete , as provided in
subdivision (d) of Section 117635 end delete .

(d) Waste which is not biohazardous, such as paper towels,
paper products, articles containing nonfluid blood, and other
medical solid waste products commonly found in the facilities of
medical waste generators.

(e) Hazardous waste, radioactive waste, or household waste,
including, but not limited to, home-generated sharps waste, as
defined in Section 117671.

(f) Waste generated from normal and legal veterinarian,
agricultural, and animal livestock management practices on a
begin insert noncommercial end insert farm or ranch begin insert unless otherwise specified in law end insert .

begin delete SEC. 6. end delete
begin insert SEC. 17. end insert   

Section 117710 of the Health and Safety Code is
amended to read:

117710.  

“Medical waste management plan” means a document
that is completed by generators of medical waste that describes
how the medical waste generated at their facility shall be
segregated, handled, stored, packaged, treated, or shipped for
treatment, as applicable, pursuant to Section 117935 for small
quantity generators and Section 117960 for large quantity
generators, on forms prepared by the enforcement agency, if those
forms are provided by the enforcement agency.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 117725 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117725.  

begin delete (a) end delete begin delete   end delete “Medical waste treatment facility” means all
begin delete adjacent end delete land and structures, and other appurtenances or
improvements on the land, used for treating medical waste begin delete or for end delete
begin insert offsite from a medical waste generator, including all end insert associated
handling and storage of medical waste begin insert as permitted by the
department end insert . begin delete Medical waste treatment facilities are those facilities
treating waste pursuant to subdivision (a) or (c) of Section 118215.
A medical waste treatment method approved pursuant to
subdivision (d) of Section 118215 may be designated as a medical
waste treatment facility by the department. end delete

begin delete

(b)  “Adjacent,” for purposes of subdivision (a), means real
property within 400 yards from the property boundary of the
existing medical waste treatment facility.

end delete

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 117747 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117747.  

(a) “Pharmaceutical” means a prescription or
over-the-counter human or veterinary drug, including, but not
limited to, a drug as defined in Section 109925 or the Federal Food,
Drug, and Cosmetic Act, as amended, (21 U.S.C.A. Sec. 321(g)(1)).

(b) For purposes of this part, “pharmaceutical” does not include
any pharmaceutical that is regulated pursuant to either of the
following:

(1) The federal Resource Conservation and Recovery Act of
1976, as amended (42 U.S.C.A. Sec. 6901 et seq.). begin insert This waste
stream shall be handled as a hazardous waste under the authority
of the Department of Toxic Substances Control. end insert

(2) The Radiation Control Law (Chapter 8 (commencing with
Section 114960) of Part 9).

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 117748 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117748.  

(a) “Pharmaceutical waste” means any pharmaceutical,
as defined in Section 117747, that is a waste, as defined in Section
25124.

(b) For purposes of this part, “pharmaceutical waste” does not
include any pharmaceutical that meets either of the following
criteria:

(1) The pharmaceutical is being sent out of the State of
California to a reverse distributor, as defined in Section 4040.5 of
the Business and Professions Code, that is licensed as a wholesaler
of dangerous drugs by the California State Board of Pharmacy
pursuant to Section 4161 of the Business and Professions Code.

(2) The pharmaceutical is being sent by a reverse distributor,
as defined in Section 4040.5 of the Business and Professions Code,
offsite for treatment and disposal in accordance with applicable
laws, or to a reverse distributor that is licensed as a wholesaler of
dangerous drugs by the California State Board of Pharmacy
pursuant to Section 4160 of the Business and Professions Code
and as a permitted transfer station if the reverse distributor is
located within the State of California.

end delete

begin delete SEC. 7. end delete
begin insert SEC. 21. end insert   

Section 117750 of the Health and Safety Code is
repealed.

begin delete SEC. 8. end delete
begin insert SEC. 22. end insert   

Section 117750 is added to the Health and Safety
Code, to read:

117750.  

(a) “Sharps container” means a rigid puncture-resistant
container used in patient care or research activities meeting the
standards of, and receiving approval from, the begin delete federal end delete begin insert United States end insert
Food and Drug Administration as a medical device used for the
collection of discarded medical needles, other sharps, or, except
as specified in subdivision (b), other waste.

(b) For purposes of subdivision (a), “other waste” does not
include any waste that is regulated pursuant to either of the
following:

(1) The federal Resource Conservation and Recovery Act of
1976, as amended (42 U.S.C. Sec. 6901 et seq.).

(2) The Radiation Control Law (Chapter 8 (commencing with
Section 114960) of Part 9).

begin insert

(c) No specific color of the sharps container is required. If
multiple colored containers are used to segregate the waste stream,
including for trace chemotherapy waste, laboratory waste, and
other subsets of the waste stream, the color assignments for the
sharps containers shall be designated in the generator’s medical
waste management plan.

end insert begin insert

(d) Sharps containers, including those used to containerize trace
chemotherapeutic wastes, are not required to be lined with a plastic
bag or inner liner.

end insert

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 117755 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117755.  

“Sharps waste” means any device having acute rigid
corners, edges, or protuberances capable of cutting or piercing,
including, but not limited to, all of the following:

(a)  Hypodermic needles, hypodermic needles with syringes,
blades, needles with attached tubing, syringes contaminated with
biohazardous waste, acupuncture needles, and root canal files.

(b)  Broken glass items, such as Pasteur pipettes and blood vials
contaminated with biohazardous waste.

(c)  Any item capable of cutting or piercing that is contaminated
with trauma scene waste.

end delete

begin delete SEC. 9. end delete
begin insert SEC. 24. end insert   

Section 117765 of the Health and Safety Code is
amended to read:

117765.  

“Storage” means the holding of medical wastes, in
compliance with the Medical Waste Management Act, including
Chapter 9 (commencing with Section 118275), at a designated
accumulation area, offsite point of consolidation, transfer station,
other registered facility, or in a vehicle detached from its means
of locomotion.

begin delete SEC. 10. end delete
begin insert SEC. 25. end insert   

Section 117770 of the Health and Safety Code is
repealed.

begin delete SEC. 11. end delete
begin insert SEC. 26. end insert   

Section 117770 is added to the Health and Safety
Code, to read:

117770.  

“Shipping document” means the medical waste
shipping document required by the begin delete federal end delete begin insert United States end insert
Department of Transportation pursuant to Section 172.200 et seq.
of Title 49 of the Code of Federal Regulations begin insert or the document
required by the United States Postal Service pursuant to Domestic
Mail Manual 601.10.17.5 (Mailability: Hazardous Materials:
Sharps and Other Mailable Regulated Medical Waste) end insert .

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 117775 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117775.  

(a) “Transfer station” means begin delete any end delete begin insert an end insert offsite location
begin insert permitted by the department end insert where medical waste is loaded,
unloaded, stored, or consolidated by a registered hazardous waste
hauler begin delete , or a holder of a limited quantity hauling exemption granted
pursuant to Section 118030, end delete during the normal course of
transportation of the medical waste.

(b) “Transfer station” does not include any onsite facility,
including, but not limited to, common storage facilities, facilities
of medical waste generators employed for the purpose of
consolidation, or onsite treatment facilities.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 117777 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117777.  

“Trauma scene waste” means waste that is a regulated
waste, as defined in Section 5193 of Title 8 of the California Code
of Regulations, and that has been removed, is to be removed, or
is in the process of being removed, from a trauma scene by a
trauma scene waste management practitioner.

end delete

begin delete SEC. 12. end delete
begin insert SEC. 29. end insert   

Section 117780 of the Health and Safety Code is
repealed.

begin delete SEC. 13. end delete
begin insert SEC. 30. end insert   

Section 117780 is added to the Health and Safety
Code, to read:

117780.  

“Treatment” includes any of the following:

(a) Treatment for biohazardous waste is any method, technique,
or process designed to change the biological character or
composition of any biohazardous medical waste so as to eliminate
its potential for causing disease.

begin insert

(b) Treatment of pathology waste is any method, technique, or
process to destroy the biological character or composition of any
pathology medical waste so as to eliminate its potential for creating
public or environmental health harm.

end insert begin delete

(b)

end delete

begin insert (c) end insert  Treatment for pharmaceutical waste is any method,
technique, or process designed to destroy the character or
composition of any pharmaceutical medical waste so as to eliminate
its potential for creating public or environmental health harm.

begin delete

(c)

end delete

begin insert (d) end insert  Treatment for sharps waste is any method, technique, or
process designed to change the biological character or composition
of any biohazardous material found on the sharp so as to eliminate
its potential for causing disease.

begin insert

(e) Treatment for trace chemotherapeutic waste is any method,
technique, or process designed to destroy the character or
composition of any trace chemotherapeutic medical waste so as
to eliminate its potential for creating public or environmental
health harm.

end insert begin insert

(f) Treatment for trauma scene waste is any method, technique,
or process designed to change the biological character or
composition of trauma scene medical waste so as to eliminate its
potential for causing disease.

end insert

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 117805 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117805.  

begin delete Except as provided in subdivision (a) of Section
117810, a end delete begin insert A end insert local agency that elects to implement a medical waste
management program shall notify the department begin delete within 90 days
from the effective date of the act enacting this part end delete begin insert of its intent end insert begin insert to
do so end insert .

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 117820 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117820.  

A medical waste management program shall include,
but not be limited to, all of the following:

(a) Issuing medical waste registrations begin delete pursuant to Chapter 5
(commencing with Section 117950) end delete and permits pursuant to
begin delete Chapter 7 (commencing with Section 118130) end delete begin insert the Medical Waste
Management Act end insert .

(b) Processing and reviewing the medical waste management
plans and inspecting onsite treatment facilities in accordance with
Chapter 4 (commencing with Section 117925) for all small quantity
medical waste generators required to be registered.

(c) Conducting an evaluation, inspection, or records review for
all facilities or persons issued a large quantity medical waste
registration pursuant to Chapter 5 (commencing with Section
117950) or issued a permit for an begin insert offsite or end insert onsite medical waste
treatment facility pursuant to begin insert Chapter 7 (commencing with end insert Section
begin delete 118130 end delete begin insert 118130) end insert .

(d) Inspecting medical waste generators in response to
complaints or emergency incidents, or as part of an investigation
or evaluation of the implementation of the medical waste
management plan.

(e) Inspecting medical waste treatment facilities in response to
a complaint or as part of an investigation or emergency incident.

(f) Taking enforcement action for the suspension or revocation
of medical waste permits issued by the local agency pursuant to
this part.

(g) Referring or initiating proceedings for civil or criminal
prosecution of violations specified in Chapter 10 (commencing
with Section 118335).

(h) Reporting in a manner determined by the department so that
the statewide effectiveness of the program can be determined.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 117835 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117835.  

The department shall establish and maintain a begin delete data
base end delete begin insert database end insert of persons registered begin delete under Chapter 4 (commencing
with Section 117925) and persons registered under Chapter 5
(commencing with Section 117950) end delete begin insert as small quantity generators
and as large quantity generators end insert for whom the department is the
enforcement agency.

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 117885 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117885.  

(a) There is in the State Treasury the Medical Waste
Management Fund, that shall be administered by the director.
Money deposited in the fund shall be available to the department,
upon appropriation by the Legislature, for the purposes of this part.

(b) In addition to any other funds transferred by the Legislature
to the Medical Waste Management Fund, the following shall be
deposited in the fund:

(1) Fees, penalties, interest earned, and fines collected by, or
on behalf of, the department pursuant to this part.

(2) Funds granted by the federal government for purposes of
carrying out this part.

begin delete

(c) This section shall become operative on July 1, 1993.

end delete

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 117890 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117890.  

begin insert (a) end insert begin insert   end insert No large quantity generator shall generate medical
waste unless the large quantity generator is registered with the
enforcement agency pursuant to this part.

begin insert

(b) Registration pursuant to this part shall also allow the large
quantity generator to generate medical waste at temporary events,
including, but not limited to, health fairs, vaccination clinics, and
veteran stand downs, without further registration or permitting
required. The large quantity generator shall notify the local
enforcement agency of their intended participation in a temporary
event.

end insert

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 117895 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117895.  

A small quantity generator that treats medical waste
onsite by steam sterilization, incineration, or microwave technology
shall register with the enforcement agency pursuant to this part.

end delete

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 117900 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117900.  

No person shall haul medical waste unless the person
begin delete meets either end delete begin insert is one end insert of the following begin delete requirements end delete :

begin delete

(a)  The person is registered pursuant to Article 6 (commencing
with Section 25160) and Article 6.5 (commencing with Section
25167.1) of Chapter 6.5 of Division 20 and Chapter 30
(commencing with Section 66001) of Division 4 of Title 22 of the
California Code of Regulations.

(b)  The person has an approved limited-quantity exemption
granted pursuant to Section 118030.

end delete begin insert

(a) A registered hazardous waste hauler pursuant to the
requirements of the Department of Toxic Substances Control.

end insert begin insert

(b) A mail-back system approved by the United States Postal
Service.

end insert begin insert

(c) A common carrier allowed to haul pharmaceutical waste
pursuant to Section 118029 or 118032.

end insert begin insert

(d) A small quantity generator or a large quantity generator
that has an exemption granted pursuant to either Section 117946
or Section 117976, respectively.

end insert

begin delete SEC. 14. end delete
begin insert SEC. 38. end insert   

Section 117903 of the Health and Safety Code is
amended to read:

117903.  

No person shall treat medical waste unless the person
is permitted by the enforcement agency as required by this part or
unless the treatment is performed by a medical waste generator
and is a treatment method approved pursuant to Chapter 8
(commencing with Section 118215).

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 117904 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117904.  

(a) In addition to the consolidation points authorized
pursuant to Section 118147, the enforcement agency may approve
a location as a point of consolidation for the collection of
home-generated sharps waste, which, after collection, shall be
transported and treated as medical waste.

(b) A consolidation location approved pursuant to this section
shall be known as a “home-generated sharps consolidation point.”

(c) A home-generated sharps consolidation point is not subject
to the requirements of Chapter 9 (commencing with Section
118275), to the permit or registration requirements of this part, or
to any permit or registration fees, with regard to the activity of
consolidating home-generated sharps waste pursuant to this section.

(d) A home-generated sharps consolidation point shall comply
with all of the following requirements:

(1) All sharps waste shall be placed in sharps containers.

(2) Sharps containers ready for disposal shall not be held for
more than seven days without the written approval of the
enforcement agency.

(e) An operator of a home-generated sharps consolidation point
approved pursuant to this section shall not be considered the
generator of that waste begin insert , but shall be listed on the shipping document
in compliance with United States Department of Transportation
and United States Postal Service requirements end insert .

(f) The medical waste treatment facility which treats the sharps
waste subject to this section shall maintain the begin delete tracking end delete begin insert shipping end insert
documents required by begin delete Sections 118040 and end delete begin insert Section end insert 118165 with
regard to that sharps waste.

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 117915 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117915.  

Containment and storage of medical waste shall be in
accordance with Chapter 9 (commencing with Section 118275).

end delete

begin delete SEC. 15. end delete
begin insert SEC. 41. end insert   

Section 117918 of the Health and Safety Code is
amended to read:

117918.  

Medical waste shall be treated using treatment
technologies approved by the department in accordance with
Chapter 8 (commencing with Section 118215).

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 117920 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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
begin delete 100425. On or before January 1, 1993, the department may adjust
by regulation the fees specified in Section 117923 end delete begin insert 100425 end insert 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.

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 117924 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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
begin delete biohazardous end delete begin insert pharmaceutical end insert waste as defined in subdivision begin delete (g) end delete
begin insert (c) end insert of Section begin delete 117635 end delete begin insert 117690 end insert . 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 begin delete or providers of medical
waste mail-back systems end delete 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 begin delete or provider of medical waste mail-back
systems end delete for the collection of the fees, the department shall do all
of the following:

(1) Establish that not more than begin delete 5 end delete begin insert 7.5 end insert percent of the fees
collected may be recovered by the medical waste transporter begin delete or
provider of medical waste mail-back systems end delete 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 begin delete and
providers of medical waste mail-back systems end delete .

(3) Prohibit any medical waste transporter begin delete or provider of medical
waste mail-back systems end delete 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 begin delete or provider of medical
waste mail-back systems end delete to report the fees collected pursuant to
subdivision (a) to the department.

(5) Prohibit the medical waste transporter begin delete or provider of medical
waste mail-back systems end delete 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 begin delete or providers of medical
waste mail-back systems end delete 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 begin insert Public end insert Health begin delete Services end delete 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 begin delete 5 end delete begin insert 7.5 end insert 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.”

begin insert

(7) Ensure that generators subject to this section are required
to pay the fee only once per year.

end insert

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 117933 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

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.

end delete

begin delete SEC. 16. end delete
begin insert SEC. 45. end insert   

Section 117935 of the Health and Safety Code is
amended to read:

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,
containing, but not limited to, all of the following that apply:

(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.

(g) The name of the registered hazardous waste hauler used by
the generator to have untreated medical waste removed for
treatment and disposal.

(h) The name of the common carrier used by the generator to
transport pharmaceutical waste offsite for treatment and disposal
pursuant to Section 118032.

(i) The steps taken to categorize the pharmaceutical wastes
generated at the facility to ensure that the wastes are properly
disposed of as follows:

(1) Pharmaceutical wastes classified by the federal Drug
Enforcement Agency (DEA) as “controlled substances” are
disposed of in compliance with DEA requirements.

(2) The name and business address of the hazardous waste hauler
used by the generator to have wastes that are not regulated pursuant
to the federal Resource Conservation and Recovery Act of 1976
and nonradioactive pharmaceutical wastes regulated as medical
waste safely removed for treatment in compliance with subdivision
(b) of Section 118222 as waste requiring specific methods.

(j) A closure plan for the termination of treatment at the facility.

(k) A statement certifying that the information provided is
complete and accurate.

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 117938 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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 begin delete inspection and end delete permitting requirements of subdivision
(a) do not apply when onsite steam sterilization is not used for the
treatment or disposal of medical waste.

begin insert

(c) The operators of the treatment equipment specified in
subdivision (a) shall be required to receive training in the
operation of the treatment equipment, proper protective equipment
to wear, if any, how to clean up spills, and other information
required to operate the treatment equipment in a safe and effective
manner. Annual refresher training for the operators shall be
provided after the initial training has been completed. The training
shall be documented for each treatment operator and retained on
file at the generator facility for a minimum of two years.

end insert

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert Section 117940 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117940.  

(a) Each enforcement agency shall follow procedures
consistent with this chapter in registering medical waste generators.

(b) Each medical waste generator registration begin insert for small quantity
generators end insert issued by the enforcement agency shall be valid for
two years.

(c) An application for renewal of the registration begin insert for small
quantity generators end insert 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
begin delete subdivisions (a) to (i), inclusive, of Section 117935 end delete begin insert their medical
waste management plan end insert changes.

begin delete SEC. 17. end delete
begin insert SEC. 48. end insert   

Section 117943 of the Health and Safety Code is
amended to read:

117943.  

A medical waste generator required to register pursuant
to this chapter shall maintain for a minimum of two years
individual treatment operating records, and if applicable, shipping
documents for all untreated medical waste shipped offsite for
treatment, and shall report or submit to the enforcement agency,
upon request, all of the following:

(a) Treatment operating records. Operating records shall be
maintained in written or electronic form.

(b) An emergency action plan complying with regulations
adopted by the department.

(c) Shipping documents or electronically archived shipping
documents maintained by the facility or medical waste hauler of
all untreated medical waste shipped offsite for treatment.

(d) Documentation shall be made available to the enforcement
agency onsite as soon as feasible, but no more than two business
days following the request.

begin delete SEC. 18. end delete
begin insert SEC. 49. end insert   

Section 117945 of the Health and Safety Code is
amended to read:

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 required by the begin delete federal end delete begin insert United States end insert Department
of Transportation begin insert or the United States Postal Service end insert of any
medical waste shipped offsite for treatment and disposal. The small
quantity generator shall maintain, or have available electronically
at the facility or from the medical waste hauler or common carrier,
these records, for not less than two years.

(c) Documentation shall be made available to the enforcement
agency onsite as soon as feasible, but no more than two days
following the request.

begin delete SEC. 19. end delete
begin insert SEC. 50. end insert   

Section 117946 is added to the Health and Safety
Code, to read:

117946.  

(a) A small quantity medical waste generator or parent
organization that employs health care professionals who generate
medical waste may transport medical waste generated in limited
quantities to the central location of accumulation, provided that
all of the following are met:

(1) The principal business of the generator is not to transport
or treat regulated medical waste.

(2) The generator shall adhere to the conditions and requirements
set forth in the materials of trade exception, as specified in Section
173.6 of Title 49 of the Code of Federal Regulations.

(3) A person transporting medical waste pursuant to this section
shall provide a form or log to the receiving facility, and the
receiving facility shall maintain the form or log for a period of two
years, containing all of the following information:

(A) The name of the person transporting the medical waste.

(B) The number of containers of medical waste transported.

(C) The date the medical waste was transported.

(b) A generator transporting medical waste pursuant to this
section shall not be regulated as a hazardous waste hauler pursuant
to Section 117660.

begin delete SEC. 20. end delete
begin insert SEC. 51. end insert   

Section 117950 of the Health and Safety Code is
amended to read:

117950.  

(a) Each large quantity generator, except as specified
in subdivisions (b) and (c), shall register with the enforcement
agency prior to commencement of the generation of medical waste.

(b) Large quantity generators operating 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) Large quantity generators as specified in subdivision (a),
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. All federal transportation requirements
specified in Section 173.6 of Part 49 of the Code of Federal
Regulations shall apply for purposes of transporting medical waste
from adjacent properties.

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 117955 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117955.  

Large quantity generators subject to Section 117950
shall register with the enforcement agency on or before April 1,
1991, if the generation of medical waste began prior to that date.
In those cases where the generation of medical waste begins after
April 1, 1991, registration shall be completed pursuant to this
chapter prior to commencement of the generation of medical waste.

end delete

begin delete SEC. 21. end delete
begin insert SEC. 53. end insert   

Section 117960 of the Health and Safety Code is
amended to read:

117960.  

Any large quantity generator required to register with
the enforcement agency shall file with the enforcement agency a
medical waste management plan 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, if applicable. For
generators with onsite medical waste treatment facilities, the
treatment capacity of the onsite treatment facility.

(f) The name and business address of the registered hazardous
waste hauler used by the generator to have untreated medical waste
removed for treatment, if applicable, and, if applicable, the name
and business address of the common carrier transporting
pharmaceutical waste pursuant to Section 118032.

(g) The name and business address of the offsite medical waste
treatment facility to which the medical waste is being hauled, if
applicable.

(h) An emergency action plan complying with regulations
adopted by the department.

(i) If applicable, the steps taken to categorize the pharmaceutical
wastes generated at the facility to ensure that the wastes are
properly disposed of as follows:

(1) Pharmaceutical wastes classified by the federal Drug
Enforcement Agency (DEA) as “controlled substances” are
disposed of in compliance with DEA requirements.

(2) The name and business address of the hazardous waste hauler
used by the generator to have wastes that are not regulated pursuant
to the federal Resource Conservation and Recovery Act of 1976
and nonradioactive pharmaceutical wastes regulated as medical
wastes safely removed for treatment in compliance with subdivision
(b) of Section 118222, as waste requiring specific methods.

(j) A closure plan for the termination of treatment at the facility.

(k) A statement certifying that the information provided is
complete and accurate.

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Section 117967 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 117967. end insert   

Large quantity generators that treat medical waste
onsite using steam sterilization, incineration, microwave
technology, or other department approved treatment technology
to treat medical waste shall train the operators of the equipment
in its use, proper protective equipment to wear, if necessary, and
how to clean up spills to ensure that the equipment is being
operated in a safe and effective manner. Annual refresher training
for the operators shall be provided after the initial training has
been completed. The training shall be documented and the
documentation shall be retained at the facility for a minimum of
two years.

end insert

begin delete SEC. 22. end delete
begin insert SEC. 55. end insert   

Section 117970 of the Health and Safety Code is
amended to read:

117970.  

(a) Each enforcement agency shall follow procedures
consistent with this chapter in registering medical waste generators.

(b) Each medical waste registration issued by the enforcement
agency for large quantity generators shall be valid for one year.

(c) An application for renewal of the registration shall be filed
with the enforcement agency not less than 90 days prior to the
expiration date. Failure to meet this requirement shall result in an
assessment of a late fee.

(d) Generators shall update their medical waste management
plan within 30 days when any of the information in their medical
waste management plan changes and shall have the plan on file
for review during an inspection or upon request.

begin delete SEC. 23. end delete
begin insert SEC. 56. end insert   

Section 117975 of the Health and Safety Code is
repealed.

begin delete SEC. 24. end delete
begin insert SEC. 57. end insert   

Section 117975 is added to the Health and Safety
Code, to read:

117975.  

(a) A large quantity medical waste generator required
to register pursuant to this chapter shall maintain for a minimum
of two years individual treatment records and shipping documents
for all untreated medical waste shipped offsite for treatment. The
generator shall report or submit to the enforcement agency, upon
request, all of the following:

(1) Treatment operating records. Operating records shall be
maintained in written or electronic form.

(2) An emergency action plan in accordance with regulations
adopted by the department.

(3) Shipping documents or electronically archived shipping
documents maintained by the facility or medical waste hauler of
all untreated medical wastes shipped offsite for treatment.

(b) Documentation shall be made available to the enforcement
agency onsite as soon as feasible, but no more than two business
days following the request.

begin delete SEC. 25. end delete
begin insert SEC. 58. end insert   

Section 117976 is added to the Health and Safety
Code, to read:

117976.  

(a) A large quantity medical waste generator or parent
organization that employs health care professionals who generate
medical waste may transport medical waste generated in limited
quantities to the central location of accumulation, provided that
all of the following are met:

(1) The principal business of the generator is not to transport
or treat regulated medical waste.

(2) The generator shall adhere to the conditions and requirements
set forth in the materials of trade exception, as specified in Section
173.6 of Title 49 of the Code of Federal Regulations.

(3) A person transporting medical waste pursuant to this section
shall provide a form or log to the receiving facility, and the
receiving facility shall maintain the form or log for a period of two
years, containing all of the following information:

(A) The name of the person transporting the medical waste.

(B) The number of containers of medical waste transported.

(C) The date the medical waste was transported.

(b) A generator transporting medical waste pursuant to this
section shall not be regulated as a hazardous waste hauler pursuant
to Section 117660.

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 117980 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117980.  

Containment and storage of medical waste shall be in
accordance with Chapter 9 (commencing with Section 118275).

end delete

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 117985 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117985.  

Treatment of medical waste shall be in accordance
with Chapter 8 (commencing with Section 118215).

end delete

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 117990 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117990.  

The fee schedule specified in Section 117995 shall be
for the issuance of medical waste registrations and onsite medical
waste treatment facility permits when the department serves as the
enforcement agency for large quantity generators. This fee schedule
shall be adjusted annually in accordance with Section 100425. begin delete On
or before January 1, 1993, the department may adjust by regulation
the fees specified in Section 117995 to reflect the actual costs of
implementing this chapter. end delete Local enforcement agencies shall set
fees that shall be sufficient to cover their costs in implementing
this part with regard to large quantity generators.

begin insert

begin insert SEC. 62. end insert   

end insert

begin insert Section 118000 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

begin delete

118000.  

(a) Except as otherwise exempted pursuant to Section
118030 or 118032, all medical waste transported to an offsite
medical waste treatment facility shall be transported in accordance
with this chapter by a registered hazardous waste transporter issued
a registration certificate pursuant to Chapter 6 (commencing with
Section 118025) and Article 6.5 (commencing with Section
25167.1) of Chapter 6.5 of Division 20. A hazardous waste
transporter transporting medical waste shall have a copy of the
transporter’s valid hazardous waste transporter registration
certificate in the transporter’s possession while transporting
medical waste. The transporter shall show the certificate, upon
demand, to any enforcement agency personnel or authorized
employee of the Department of the California Highway Patrol.

(b) Except for small quantity generators transporting medical
waste pursuant to Section 118030 or small quantity generators or
common carriers transporting pharmaceutical waste pursuant to
Section 118032, medical waste shall be transported to a permitted
offsite medical waste treatment facility or a permitted transfer
station in leak-resistant and fully enclosed rigid secondary
containers that are then loaded into an enclosed cargo body.

(c) A person shall not transport medical waste in the same
vehicle with other waste unless the medical waste is separately
contained in rigid containers or kept separate by barriers from
other waste, or unless all of the waste is to be handled as medical
waste in accordance with this part.

(d)

end delete

begin insert

begin insert 118000. end insert   

end insert

begin insert (a) end insert  Medical waste shall only be transported to a
permitted medical waste treatment facility, or to a transfer station
or another registered generator for the purpose of consolidation
before treatment and disposal begin delete , pursuant to this part end delete .

begin delete

(e)

end delete

begin insert (b) end insert  Facilities for the transfer of medical waste shall be annually
inspected and issued permits in accordance with the regulations
adopted pursuant to this part.

begin delete

(f) Any persons manually loading or unloading containers of
medical waste shall be provided by their employer at the beginning
of each shift with, and shall be required to wear, clean and
protective gloves and coveralls, changeable lab coats, or other
protective clothing. The department may require, by regulation,
other protective devices appropriate to the type of medical waste
being handled.

end delete begin insert

(c) Medical waste transported out of state shall be consigned
to a permitted medical waste treatment facility in the receiving
state. If there is no permitted medical waste treatment facility in
the receiving state or if the medical waste is crossing an
international border, the medical waste shall be treated in
accordance with Chapter 8 (commencing with Section 118215)
prior to being transported out of the state.

end insert

begin insert

begin insert SEC. 63. end insert   

end insert

begin insert Section 118005 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

118005.  

(a)  Notwithstanding any other provision of this
chapter, trauma scene waste may be transported by a trauma scene
management practitioner registered pursuant to Section 118321.1.

(b)  The exemption specified in Section 118030 for limited
quantity hauling shall not apply to the transportation of trauma
scene waste.

(c)  (1)  A business that has contracted with, or that currently
employs, a person whose services may include the cleanup of
trauma scene waste in the manner specified in Section 118321.6
may apply, on forms provided by the department, to the department
for an exemption from the requirements of Section 118321.1. This
exemption shall be known as an incidental trauma scene waste
hauling permit, and shall authorize the person to transport, by
herself or himself, trauma scene waste that is collected in the
manner specified in Section 118321.6 to a permitted medical waste
transfer station or a permitted medical waste offsite treatment
facility, or to a health care facility, previously designated by mutual
agreement, for consolidation with the facility’s existing medical
waste stream.

(2)  An application for an incidental trauma scene waste hauling
permit shall be accompanied by a fee of twenty-five dollars ($25)
and the incidental trauma scene waste hauling permit shall be valid
for one cleanup event. The application shall identify any person
who will transport trauma scene waste for the business pursuant
to paragraph (1).

end delete

begin delete SEC. 26. end delete
begin insert SEC. 64. end insert   

Section 118025 of the Health and Safety Code is
amended to read:

118025.  

All medical waste shall be hauled by a registered
hazardous waste hauler begin insert , the United States Postal Service, end insert or by a
person with an exception granted pursuant to Section 117946 for
small quantity generators or pursuant to Section 117976 for large
quantity generators.

begin delete SEC. 27. end delete
begin insert SEC. 65. end insert   

Section 118027 of the Health and Safety Code is
amended to read:

118027.  

A person who is authorized to collect solid waste, as
defined in Section 40191 of the Public Resources Code, who
unknowingly transports medical waste to a solid waste facility, as
defined in Section 40194 of the Public Resources Code, incidental
to the collection of solid waste, is exempt from the provisions of
the Medical Waste Management Act with regard to that waste. If
a solid waste transporter discovers that he or she has hauled
untreated medical waste to a landfill or materials recovery facility,
he or she shall contact the originating generator of the medical
waste to respond to the landfill or recovery facility to provide
ultimate proper disposal of the medical waste. begin insert The solid waste
facility operator may, at its discretion end insert begin insert and after contacting the
generator, make arrangements for the proper treatment and
disposal of the medical waste at a facility approved by the
department. Title to the waste remains with the generator.
Reimbursement costs for the proper management of discovered
waste shall be the originating generator end insert begin insert ’s responsibility. end insert

begin insert

begin insert SEC. 66. end insert   

end insert

begin insert Section 118029 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118029.  

(a)  begin insert Haulers of medical waste in California, with the
exception of those using a materials of trade exception as specified
in Sections 117946 and 117976, and United States Department of
Transportation licensed common carriers hauling pharmaceutical
waste, shall meet all United States Department of Transportation
requirements for transporting medical waste and shall be
hazardous waste haulers in California. end insert On begin delete or before September
1, 1993, and each year thereafter on end delete or before July 1, begin insert of each year, end insert
a registered hazardous waste begin delete transporter which end delete begin insert hauler that end insert
transports medical waste shall so notify the department, and
provide begin insert , in a format that conforms to the protocol requirements
for submission of data to the department, end insert the following
information:

(1) Business name, address, and telephone number.

(2) Name of owner, operator, and contact person.

(3) Hazardous waste transporter registration number.

begin delete

(4) Vehicle manufacturer name, vehicle model year, vehicle
identification number, and the license plate number of each vehicle
transporting medical waste.

end delete begin insert

(4) The number of vehicles and trailers transporting medical
waste within the state as of that date.

end insert begin insert

(5) Types and quantities of medical waste collected, in pounds.

end insert begin insert

(6) The names of the generators whose waste has been
transported by the hauler and the amounts of medical waste
transported, by waste type category.

end insert begin delete

(b) For transporters that begin transporting medical waste after
September 1, 1993, notification to the department, and provision
of the information required by subdivision (a) shall be provided
to the department prior to transporting medical waste.

end delete begin delete

(c) On or before September 1, 1993, each

end delete

begin insert (b) end insert begin insert   end insert begin insert Each end insert registered hazardous waste begin delete transporter, and each
provider of medical waste mail back systems, as defined in
subdivision (b) of Section 118245, end delete begin insert hauler end insert shall provide to the
department a list of all medical waste generators serviced by that
person during the previous 12 months. That list shall include the
business name, business address, mailing address, telephone
number, and other information as required by the department to
collect annual fees pursuant to Section 117924. begin delete When the
transportation of registered hazardous waste by a medical waste
transporter or the provision of a medical waste mail back system
begins after September 1, 1993, the initial end delete begin insert The end insert list shall be provided
to the department within 10 days of the close of the earliest
calendar quarter ending September 30, December 31, March 31,
or June 30, or as otherwise required by the department.

begin delete

(d) Subsequent to providing the initial list pursuant to
subdivision(c), registered hazardous waste transporters and
providers of medical waste mail back systems shall submit to the
department any changes made to the most recent list every three
months, within 10 days of the close of the calendar quarters ending
September 30, December 31, March 31, and June 30, or as
otherwise required by the department.

end delete

begin insert

begin insert SEC. 67. end insert   

end insert

begin insert Section 118030 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

118030.  

(a)  A medical waste generator or parent organization
that employs health care professionals who generate medical waste
may apply to the enforcement agency for a limited-quantity hauling
exemption, if the generator or health care professional meets all
of the following requirements:

(1)  The generator or health care professional generates less
than 20 pounds of medical waste per week, transports less than 20
pounds of medical waste at any one time, and the generator or
parent organization has on file one of the following:

(A)  If the generator or parent organization is a small quantity
generator required to register pursuant to Chapter 4 (commencing
with Section 117915), a medical waste management plan prepared
pursuant to Section 117935.

(B)  If the generator or parent organization is a small quantity
generator not required to register pursuant to Chapter 4
(commencing with Section 117915), the information document
maintained pursuant to subdivision (a) of Section 117945.

(C)  If the parent organization is a large quantity generator, a
medical waste management plan prepared pursuant to Section
117960.

(2)  The generator or health care professional who generated
the medical waste transports the medical waste himself or herself,
or directs a member of his or her staff to transport the medical
waste, to a permitted medical waste treatment facility, a transfer
station, a parent organization, or another health care facility for
the purpose of consolidation before treatment and disposal.

(3)  Except as provided in paragraph (4), the generator maintains
a tracking document, as specified in Section 118040.

(4)  (A)  Notwithstanding paragraph (3), if a health care
professional who generates medical waste returns the medical
waste to the parent organization, a single-page form or multiple
entry log may be substituted for the tracking document, if the form
or log contains all of the following information:

(i)  The name of the person transporting the medical waste.

(ii)  The number of containers and type of medical waste. This
subparagraph does not require any generator to maintain a separate
medical waste container for every patient or to maintain records
as to the specified source of the medical waste in any container.

(iii)  The date that the medical waste was returned.

(B)  This paragraph does not prohibit the use of a single
document to verify the return of more than one container over a
period of time, if the form or log is maintained in the files of the
parent organization once the page is completed.

(b)  The limited-quantity hauling exemption authorized by this
section is valid for a period of one year.

(c)  An application for an initial or a renewal of a
limited-quantity hauling exemption shall be accompanied by a fee
of twenty-five dollars ($25). The application shall identify each
person who will transport medical waste for the transporter. If the
generator or parent organization identifies more than four persons
who will be transporting medical waste, the generator or parent
organization shall pay an additional fee of five dollars ($5) for
each person, up to a maximum additional fee of twenty-five dollars
($25).

end delete

begin insert

begin insert SEC. 68. end insert   

end insert

begin insert Section 118032 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118032.  

A pharmaceutical waste generator or parent
organization that employs health care professionals who generate
pharmaceutical waste is exempt from the requirements of
subdivision (a) of Section 118000 if all of the following
requirements are met:

(a) The generator or parent organization has on file one of the
following:

(1) If the generator or parent organization is a small quantity
generator required to register pursuant to Chapter 4 (commencing
with Section begin delete 117915) end delete begin insert 117925) end insert , a medical waste management plan
prepared pursuant to Section 117935.

(2) If the generator or parent organization is a small quantity
generator not required to register pursuant to Chapter 4
(commencing with Section begin delete 117915) end delete begin insert 117925) end insert , the information
document maintained pursuant to subdivision (a) of Section
117945.

(3) If the generator or parent organization is a large quantity
generator, a medical waste management plan prepared pursuant
to Section 117960.

(b) The generator or health care professional who generated the
pharmaceutical waste transports the pharmaceutical waste himself
or herself, or directs a member of his or her staff to transport the
pharmaceutical waste to a parent organization or another health
care facility for the purpose of consolidation before treatment and
disposal, or contracts with a common carrier to transport the
pharmaceutical waste to a permitted medical waste treatment
facility or transfer station.

(c) Except as provided in subdivision (d), all of the following
requirements are met:

(1) Prior to shipment of the pharmaceutical waste, the generator
notifies the intended destination facility that it is shipping
pharmaceutical waste to it and provides a copy of the begin delete tracking end delete
begin insert shipping end insert document, as specified in Section begin delete 118040 end delete begin insert 117770 end insert .

(2) The generator and the facility receiving the pharmaceutical
waste maintain the begin delete tracking end delete begin insert shipping end insert document, as specified in
Section begin delete 118040 end delete begin insert 117770 end insert .

(3) The facility receiving the pharmaceutical waste notifies the
generator of the receipt of the pharmaceutical waste shipment and
any discrepancies between the items received and the begin delete tracking end delete
begin insert shipping end insert document, as specified in Section begin delete 118040 end delete begin insert 117770 end insert ,
evidencing diversion of the pharmaceutical waste.

(4) The generator notifies the enforcement agency of any
discrepancies between the items received and the begin delete tracking end delete begin insert shipping end insert
document, as specified in Section begin delete 118040 end delete begin insert 117770 end insert , evidencing
diversion of the pharmaceutical waste.

(d) (1) Notwithstanding subdivision (c), if a health care
professional who generates pharmaceutical waste returns the
pharmaceutical waste to the parent organization for the purpose
of consolidation before treatment and disposal over a period of
time, a single-page form or multiple entry log may be substituted
for the tracking document, if the form or log contains all of the
following information:

(A) The name of the person transporting the pharmaceutical
waste.

(B) The number of containers of pharmaceutical waste. This
clause does not require any generator to maintain a separate
pharmaceutical waste container for every patient or to maintain
records as to the specified source of the pharmaceutical waste in
any container.

(C) The date that the pharmaceutical waste was returned.

(2) The form or log described in paragraph (1) shall be
maintained in the files of the health care professional who generates
the pharmaceutical waste and the parent organization or another
health care facility that receives the pharmaceutical waste.

(3) This subdivision does not prohibit the use of a single
document to verify the return of more than one container to a parent
organization or another health care facility, provided the form or
log meets the requirements specified in paragraphs (1) and (2).

begin insert

begin insert SEC. 69. end insert   

end insert

begin insert Section 118040 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

118040.  

(a)  Except with regard to sharps waste consolidated
by a home-generated sharps consolidation point approved pursuant
to Section 117904, a hazardous waste transporter or generator
transporting medical waste shall maintain a completed tracking
document of all medical waste removed for treatment or disposal.
A hazardous waste transporter or generator who transports medical
waste to a facility, other than the final medical waste treatment
facility, shall also maintain tracking documents which show the
name, address, and telephone number of the medical waste
generator, for purposes of tracking the generator of medical waste
when the waste is transported to the final medical waste treatment
facility. At the time that the medical waste is received by a
hazardous waste transporter, the transporter shall provide the
medical waste generator with a copy of the tracking document for
the generator’s medical waste records. The transporter or generator
transporting medical waste shall maintain its copy of the tracking
document for three years.

(b)  The tracking document shall include, but not be limited to,
all of the following information:

(1)  The name, address, telephone number, and registration
number of the transporter, unless transported pursuant to Section
118030.

(2)  The type of medical waste transported and the quantity or
aggregate weight of medical waste transported.

(3)  The name, address, and telephone number of the generator.

(4)  The name, address, telephone number, permit number, and
the signature of an authorized representative of the permitted
facility receiving the medical waste.

(5)  The date that the medical waste is collected or removed
from the generator’s facility, the date that the medical waste is
received by the transfer station, the registered large quantity
generator, or point of consolidation, if applicable, and the date that
the medical waste is received by the treatment facility.

(c)  Any hazardous waste transporter or generator transporting
medical waste in a vehicle shall have a tracking document in his
or her possession while transporting the medical waste. The
tracking document shall be shown upon demand to any
enforcement agency personnel or officer of the Department of the
California Highway Patrol. If the medical waste is transported by
rail, vessel, or air, the railroad corporation, vessel operator, or
airline shall enter on the shipping papers any information
concerning the medical waste that the enforcement agency may
require.

(d)  A hazardous waste transporter or a generator transporting
medical waste shall provide the facility receiving the medical waste
with the original tracking document.

(e)  Each hazardous waste transporter and each medical waste
treatment facility shall provide tracking data periodically and in a
format as determined by the department.

(f)  Medical waste transported out of state shall be consigned
to a permitted medical waste treatment facility in the receiving
state. If there is no permitted medical waste treatment facility in
the receiving state or if the medical waste is crossing an
international border, the medical waste shall be treated in
accordance with Chapter 8 (commencing with Section 118215)
prior to being transported out of the state.

end delete

begin insert

begin insert SEC. 70. end insert   

end insert

begin insert Section 118045 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118045.  

(a) The department shall charge an application fee
for a permit for a transfer station equal to one hundred dollars
($100) for each hour which the department spends on processing
the application, but not more than ten thousand dollars ($10,000) begin delete ,
or as provided in the regulations adopted by the department end delete .

(b) In addition to the fee specified in subdivision (a), the annual
permit fee for a transfer station begin delete issued a permit pursuant to
subdivision (e) of Section 118000 end delete is two thousand dollars ($2,000) begin delete ,
or as provided in the regulations adopted pursuant to this part end delete .

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 118135 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118135.  

begin delete On or before April 1, 1991, each end delete begin insert Each end insert person
operating begin delete a end delete begin insert an offsite end insert medical waste treatment facility shall obtain
a permit pursuant to this chapter from the begin delete department. If the
medical waste treatment facility begins operation after April 1,
1991, the permit shall be obtained pursuant to this article end delete
begin insert department end insert prior to commencement of the treatment facility’s
operation.

begin insert

begin insert SEC. 72. end insert   

end insert

begin insert Section 118150 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118150.  

begin delete (a)   end delete Each enforcement agency shall follow procedures
that are consistent with begin delete this chapter, end delete begin insert the Medical Waste
Management Act end insert and the regulations adopted pursuant to this
chapter, when issuing medical waste permits.

begin delete

(b)  Each person operating a medical waste treatment facility
pursuant to a hazardous waste facilities permit or grant of interim
status pursuant to Article 9 (commencing with Section 25200) of
Chapter 6.5 of Division 20, as of January 1, 1991, shall be
considered to have the medical waste permit required by this article
until January 1, 1992, unless the enforcement agency with
jurisdiction over its activities has taken final action prior to January
1, 1992, on an application for a permit pursuant to this article.

(c)  Each medical waste facility subject to subdivision (b) shall
operate in accordance with the standards and procedures contained
in this chapter, and on and after January 1, 1991, is not subject to
the standards and procedures contained in Chapter 6.5
(commencing with Section 25100) of Division 20.

end delete

begin insert

begin insert SEC. 73. end insert   

end insert

begin insert Section 118155 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118155.  

begin delete Any end delete begin insert A end insert person required to obtain begin delete a end delete begin insert an offsite medical
waste treatment facility end insert permit pursuant to this part shall file with
the enforcement agency an application begin delete , on forms prescribed by
the department, end delete containing, but not limited to, all of the following:

(a) The name of the applicant.

(b) The business address of the applicant.

(c) The type of treatment provided, the treatment capacity of
the facility, a characterization of the waste treated at this facility begin delete ,
and the estimated average monthly quantity of waste treated at the
facility end delete .

(d) A disclosure statement, as provided in Section 25112.5,
except for onsite medical waste treatment facilities.

begin delete

(e)  Evidence satisfactory to the enforcement agency that the
operator of the medical waste treatment facility has the ability to
comply with this part and the regulations adopted pursuant to this
part.

end delete begin insert

(e) A plan for closure of the facility using one of the methods
of decontamination specified in Section 118295, thereby restoring
the property to an acceptable sanitary condition following the
ending of treatment services at the site.

end insert

(f) Any other information required by the enforcement agency
for the administration or enforcement of this part or the regulations
adopted pursuant to this part.

begin insert

begin insert SEC. 74. end insert   

end insert

begin insert Section 118160 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118160.  

(a) Prior to issuing or renewing a permit for an offsite
medical waste treatment facility begin delete pursuant to Section 118130 end delete , the
department shall review the compliance history of the applicant,
under any local, state, or federal law or regulation governing the
control of medical waste or pollution begin delete , including, but not limited
to, the Clean Air Act (42 U.S.C. Sec. 7401 et seq.) end delete .

(b) The department shall, pursuant to this section, deny a permit,
or specify additional permit conditions, to ensure compliance with
applicable regulations, if the department determines that in the
three-year period preceding the date of application the applicant
has violated laws or regulations identified in subdivision (a) at a
facility owned or operated by the applicant, and the violations
demonstrate a recurring pattern of noncompliance or pose, or have
posed, a significant risk to public health and safety or to the
environment.

begin delete

(c)  In addition to any other information required to be submitted
for the permitting of a facility pursuant to Section 118130, an
applicant who has owned or operated a facility regulated by the
department shall provide a description of all violations described
in subdivision (a), that occurred at any facility permitted and owned
or operated by the applicant in the state in the three years prior to
the date of application.

end delete begin delete

(d)

end delete

begin insert (c) end insert  In making the determination of whether to deny a permit or
to specify additional permit conditions begin delete pursuant to subdivision (b) end delete ,
the department shall take both of the following into consideration:

(1) Whether a permit denial or permit condition is appropriate
or necessary given the severity of the violation.

(2) Whether the violation has been corrected in a timely fashion.

begin insert

begin insert SEC. 75. end insert   

end insert

begin insert Section 118205 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118205.  

The fee schedule specified in Section 118210 shall
cover the issuance of medical waste treatment facility permits and
an inspection program, when the department serves as the
enforcement agency. This fee schedule shall be adjusted annually
in accordance with Section 100425. begin delete On or before January 1, 1993,
the end delete begin insert The end insert department may adjust by regulation the fees specified in
Section 118210 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 large quantity generators.

begin insert

begin insert SEC. 76. end insert   

end insert

begin insert Section 118215 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118215.  

(a) Except as provided in subdivisions (b) and (c), a
person generating or treating medical waste shall ensure that the
medical waste is treated by one of the following methods, thereby
rendering it solid waste, as defined in Section 40191 of the Public
Resources Code, prior to disposal:

(1) (A) Incineration at a permitted medical waste treatment
facility in a controlled-air, multichamber incinerator, or other
method of incineration approved by the department which provides
complete combustion of the waste into carbonized or mineralized
ash.

(B) Treatment with an alternative technology approved pursuant
to paragraph (3), which, due to the extremely high temperatures
of treatment in excess of 1300 degrees Fahrenheit, has received
express approval from the department.

(2) Steam sterilization at a permitted medical waste treatment
facility or by other sterilization, in accordance with all of the
following operating procedures for steam sterilizers or other
sterilization:

(A) Standard written operating procedures shall be established
for biological indicators, or for other indicators of adequate
sterilization approved by the department, for each steam sterilizer,
including time, temperature, pressure, type of waste, type of
container, closure on container, pattern of loading, water content,
and maximum load quantity.

(B) Recording or indicating thermometers shall be checked
during each complete cycle to ensure the attainment of 121°
Centigrade (250° Fahrenheit) for at least one-half hour, depending
on the quantity and density of the load, to achieve sterilization of
the entire load. Thermometers begin insert , thermocouples, or other monitoring
devices identified in the facility operating plan end insert shall be checked
for calibration annually. Records of the calibration checks shall
be maintained as part of the facility’s files and records for a period
of begin delete three end delete begin insert two end insert years or for the period specified in the regulations.

(C) Heat-sensitive tape, or another method acceptable to the
enforcement agency, shall be used on each biohazard bag or sharps
container that is processed onsite to indicate begin delete the attainment of
adequate sterilization conditions end delete begin insert that the waste went through heat
treatment end insert . begin insert If the biohazard bags or sharps containers are placed
in a large liner bag within the autoclave for treatment,
heat-sensitive tape or another method acceptable to the
enforcement agency only needs to be placed on the liner bag and
not on every hazardous waste bag or sharps container being
treated. end insert

(D) The biological indicator begin delete Bacillus end delete begin insert Geobacillus end insert
stearothermophilus, or other indicator of adequate sterilization as
approved by the department, shall be placed at the center of a load
processed under standard operating conditions at least monthly to
confirm the attainment of adequate sterilization conditions.

(E) Records of the procedures specified in subparagraphs (A),
(B), and (D) shall be maintained for a period of not less than begin delete three end delete
begin insert two end insert years.

(3) (A) Other alternative medical waste treatment methods
which are both of the following:

(i) Approved by the department.

(ii) Result in the destruction of pathogenic micro-organisms.

(B) Any alternative medical waste treatment method proposed
to the department shall be evaluated by the department and either
approved or rejected pursuant to the criteria specified in this
subdivision.

(b)  begin delete A medical waste end delete begin insert Fluid blood or fluid blood products end insert may
be discharged to a public sewage system without treatment if begin delete it is
not a biohazardous waste of a type described in either subdivision
(a) or (b) of Section 117635, it is liquid or semiliquid, and end delete its
discharge is consistent with waste discharge requirements placed
on the public sewage system by the California regional water
quality control board with jurisdiction.

(c) (1) A medical waste that is a biohazardous begin insert laboratory end insert waste
begin delete of a type described in subdivision (a) of Section 117635 end delete begin insert , as defined
in Section 117690, end insert may be treated by a chemical disinfection if
the begin delete medical end delete waste is liquid or semiliquid and the chemical
disinfection method is recognized by the National Institutes of
Health, the Centers for Disease Control and Prevention, or the
American Biological Safety Association, and if the use of chemical
disinfection as a treatment method is identified in the site’s medical
waste management plan.

(2) If the waste is not treated by chemical disinfection, in
accordance with paragraph (1), the waste shall be treated by one
of the methods specified in subdivision (a).

(3) Following treatment by chemical disinfection, the medical
waste may be discharged to the public sewage system if the
discharge is consistent with waste discharge requirements placed
on the public sewage system by the California regional water
control board, and the discharge is in compliance with the
requirements imposed by the owner or operator of the public
sewage system. If the chemical disinfection of the medical waste
causes the waste to become a hazardous waste, the waste shall be
managed in accordance with the requirements of Chapter 6.5
(commencing with Section 25100) of Division 20.

begin insert

begin insert SEC. 77. end insert   

end insert

begin insert Section 118220 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118220.  

Recognizable human anatomical parts, with the
exception of teeth begin delete not deemed infectious by the attending physician
and surgeon or dentist end delete , shall be disposed of by interment begin delete or in
accordance with paragraph (1) or paragraph (3) of subdivision (a)
of Section 118215, unless otherwise hazardous end delete begin insert , incineration, or
alternative treatment technologies approved to treat this type of
waste end insert .

begin insert

begin insert SEC. 78. end insert   

end insert

begin insert Section 118222 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118222.  

(a)  begin delete Biohazardous waste that meets the conditions of
subdivision (f) of Section 117635 end delete begin insert Pathology waste that meets the
conditions of subdivision (b) of Section 117690 and trace
chemotherapy waste that meets the conditions of subdivision (e)
of Section 117690 end insert shall be treated begin insert by incineration or alternative
treatment technologies approved to treat that waste end insert pursuant to
paragraph (1) or paragraph (3) of subdivision (a) of Section 118215
prior to disposal.

(b)  begin delete Biohazardous end delete begin insert Pharmaceutical end insert waste begin insert from health care
settings end insert that meets the conditions specified in begin delete subdivision (g) of
Section 117635 end delete begin insert subdivision (c) of Section 117690 end insert shall be treated
begin insert by incineration or alternative treatment technologies approved to
treat that waste end insert pursuant to paragraph (1) or paragraph (3) of
subdivision (a) of Section 118215 prior to disposal.

begin delete SEC. 28. end delete
begin insert SEC. 79. end insert   

Section 118240 of the Health and Safety Code is
amended to read:

118240.  

Notwithstanding Section 9141 of the Food and
Agricultural Code, animals that die from infectious diseases or
that are euthanized because they are suspected of having been
exposed to infectious disease shall be treated with a treatment
technology approved by the department for that use if, in the
opinion of the attending veterinarian or local health officer, the
carcass presents a danger of infection to humans.

begin insert

begin insert SEC. 80. end insert   

end insert

begin insert Section 118245 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118245.  

begin delete (a)   end delete The department shall charge an application fee
for evaluation of an alternative treatment technology begin delete pursuant to
subdivision (d) of Section 118215 end delete of two thousand five hundred
dollars ($2,500) and shall charge an additional fee equal to one
hundred dollars ($100) per hour for each hour which the department
spends on processing the application, but not more than a total of
five thousand dollars ($5,000) begin delete , or as provided in the regulations
adopted by the department end delete .

begin delete

(b)  The department shall charge an application fee of one
thousand dollars, ($1,000) for evaluation and approval of the use
of a medical waste mail back system, which sends medical waste
generated in this state to an out-of-state facility for treatment and
disposal pursuant to subdivision (f) of Section 118040.

end delete

begin insert

begin insert SEC. 81. end insert   

end insert

begin insert Section 118275 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118275.  

begin insert (a) end insert begin insert   end insert To containerize or store medical waste begin insert , at the
point of generation and while collected in that room end insert , a person shall
do all of the following:

begin delete

(a)

end delete

begin insert (1) end insert  Medical waste begin insert , as defined in Section 117690, end insert shall be
contained separately from other waste at the point of origin in the
producing facility. Sharps containers may be placed in biohazard
bags or in containers with biohazard bags.

begin delete

(b)

end delete

begin insert (2) end insert  Biohazardous waste, begin delete except biohazardous waste as defined
in subdivision (g) of Section 117635 end delete begin insert as defined in subdivision (a)
of Section 117690 end insert , shall be placed in a red biohazard bag
conspicuously labeled with the words “Biohazardous Waste” or
with the international biohazard symbol and the word
“BIOHAZARD.”

begin delete

(c)

end delete

begin insert (3) end insert  Sharps waste begin insert , as defined in subdivision (d) of Section
117690, including sharps and pharmaceutical waste containerized
pursuant to subdivision (g), end insert shall be contained in a begin insert United States
Food and Drug Administration (USFDA) approved end insert sharps
container begin insert that meets USFDA labeling requirements and is handled end insert
pursuant to Section 118285.

begin delete

(d) (1) Biohazardous waste, which meets the conditions of
subdivision (f) of Section 117635 because it is contaminated
through contact with, or having previously contained,
chemotherapeutic agents,

end delete

begin insert (4) end insert begin insert   end insert begin insert Trace chemotherapy waste, as defined in subdivision (e) of
Section 117690, end insert shall be segregated for storage, and, when placed
in a secondary container, that container shall be labeled with the
words “Chemotherapy Waste,” “CHEMO,” or other label approved
by the department begin delete on the lid and end delete on the sides, so as to be visible
from any lateral direction, to ensure treatment of the biohazardous
waste pursuant to Section 118222. begin insert Sharps waste that is
contaminated through contact with, or having previously contained,
chemotherapeutic agents, shall be placed in sharps containers
labeled in accordance with the industry standard with the words
“Chemotherapy Waste,” “Chemo,” or other label approved by
the department, and shall be segregated to ensure treatment of the
sharps waste pursuant to Section 118222. end insert

begin delete

(2) Biohazardous waste, which meets the conditions of
subdivision (f) of Section 117635 because it is comprised of human
surgery specimens or tissues which have been fixed in
formaldehyde or other fixatives,

end delete

begin insert (5) end insert begin insert   end insert begin insert Pathology waste, as defined in subdivision (b) of Section
117690, end insert shall be segregated for storage and, when placed in a
secondary container, that container shall be labeled with the words
“Pathology Waste,” “PATH,” or other label approved by the
department begin delete on the lid and end delete on the sides, so as to be visible from any
lateral direction, to ensure treatment of the begin delete biohazardous end delete waste
pursuant to Section 118222.

begin delete

(e) Sharps waste, which meets the conditions of subdivision (f)
of Section 117635, shall be placed in sharps containers labeled in
accordance with the industry standard with the words
“Chemotherapy Waste,” “CHEMO,” or other label approved by
the department, and segregated to ensure treatment of the sharps
waste pursuant to Section 118222.

(f) Biohazardous waste, which are recognizable human
anatomical parts, as specified in Section 118220, shall be
segregated for storage and, when placed in a secondary container
for treatment as pathology waste, that container shall be labeled
with the words “Pathology Waste,” “PATH,” or other label
approved by the department on the lid and on the sides, so as to
be visible from any lateral direction, to ensure treatment of the
biohazardous waste pursuant to Section 118222.

end delete begin delete

(g) Biohazardous waste, which meets the conditions specified
in subdivision (g) of Section 117635, shall be segregated for
storage and, when placed in a container or secondary container,
that container shall be labeled with the words “INCINERATION
ONLY” or other label approved by the department on the lid and
on the sides, so as to be visible from any lateral direction, to ensure
treatment of the biohazardous waste pursuant to Section 118222.

end delete begin insert

(6) Pharmaceutical waste, as defined in subdivision (c) of
Section 117690, shall be segregated for storage in accordance
with the facility’s medical waste management plan to ensure that
it is properly containerized for disposal in compliance with United
States Department of Transportation and United States Drug
Enforcement Agency (DEA) requirements.

end insert begin insert

(A) Pharmaceutical wastes classified by the DEA as “controlled
substances” shall be disposed of in compliance with DEA
requirements.

end insert begin insert

(B) Nonradioactive pharmaceutical wastes that are not subject
to the federal Resource Conservation and Recovery Act of 1976
(Public Law 94-580), as amended, and that are regulated as
medical waste are placed in a container or secondary container
labeled with the words “INCINERATION ONLY,”
“PHARMACEUTICAL” or other label approved by the department
on the sides, so as to be visible from any lateral direction, to ensure
treatment of the biohazardous waste pursuant to Section 118222.

end insert begin delete

(h)

end delete

begin insert (7) end insert  A person may consolidate into a common container, which
may be reusable, sharps waste, as defined in begin delete Section 117755 end delete
begin insert subdivision (d) of Section 117690 end insert , and pharmaceutical wastes, as
defined in begin delete Section 117747 end delete begin insert subdivision (c) of Section 117690 end insert ,
provided that the consolidated waste is treated pursuant to
paragraph (1) of subdivision (a) of Section 118215 and the
container meets the requirements of Section 118285. The container
shall be labeled with the biohazardous waste symbol and the words
“HIGH HEAT ONLY,” “INCINERATION,” or other label
approved by the department begin delete on the lid and end delete on the sides, so as to
be visible from any lateral direction, to ensure treatment of the
begin delete biohazardous end delete waste pursuant to this subdivision.

begin insert

(b) To containerize medical waste being held for shipment offsite
for treatment, the waste shall be additionally labeled, as outlined
in subdivision (a), on the lid as well as the sides of the container.

end insert begin insert

(c) When medical waste is containerized pursuant to
subdivisions (a) and (b) there is no requirement to label the
containers with the date that the waste started to accumulate.

end insert

begin insert

begin insert SEC. 82. end insert   

end insert

begin insert Section 118280 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118280.  

To containerize biohazard bags, a person shall do all
of the following:

(a) The bags shall be tied to prevent leakage or expulsion of
contents during all future storage, handling, or transport begin insert in
compliance with United States Department of Transportation
requirements end insert .

begin insert

(b) Medical waste may be placed into a biohazard bag and tied,
as required in subdivision (a), in a patient room and shall be
immediately transported directly from the point of generation and
placed into a biohazard container stored in a soiled utility room
or other biohazardous waste storage area without having first
been placed into a secondary container in the patient room.

end insert begin delete

(b)

end delete

begin insert (c) end insert  Biohazardous waste, except begin delete biohazardous waste as defined
in subdivision (g) of Section 117635 end delete begin insert as provided in subdivision
(b) end insert , shall be bagged in accordance with subdivision (b) of Section
118275 and placed for storage, handling, or transport in a rigid
container that may be disposable, reusable, or recyclable.
Containers shall be leak resistant, have tight-fitting covers, and be
kept clean and in good repair. Containers may be recycled with
the approval of the enforcement agency. Containers may be of any
color and shall be labeled with the words “Biohazardous Waste”
or with the international biohazard symbol and the word
“BIOHAZARD” begin delete on the lid and end delete on the sides so as to be visible
from any lateral direction. begin delete Containers meeting the requirements
specified in Section 66840 of Title 22 of the California Code of
Regulations, as it read on December 31, 1990, may also be used
until the replacement of the containers is necessary or existing
stock has been depleted. end delete begin insert Containers shall comply with United
States Department of Transportation requirements. end insert

begin delete

(c)

end delete

begin insert (d) end insert  Biohazardous waste shall not be removed from the biohazard
bag until treatment as prescribed in Chapter 8 (commencing with
Section 118215) is completed, except to eliminate a safety hazard,
or by the enforcement officer in performance of an investigation
pursuant to Section 117820. Biohazardous waste shall not be
disposed of before being treated as prescribed in Chapter 8
(commencing with Section 118215).

begin delete

(d)

end delete

begin insert (e) end insert  (1) Except as provided in paragraph (5), a person generating
biohazardous waste shall comply with the following requirements:

(A) If the person generates 20 or more pounds of biohazardous
waste per month, the person shall not contain or store begin delete biohazardous
or sharps end delete begin insert that end insert waste above 0° Centigrade (32° Fahrenheit) at begin delete any end delete
begin insert an end insert onsite location for more than seven days without obtaining prior
written approval of the enforcement agency.

(B) If a person generates less than 20 pounds of biohazardous
waste per month, the person shall not contain or store begin delete biohazardous end delete
begin insert that end insert waste above 0° Centigrade (32° Fahrenheit) at begin delete any end delete begin insert an end insert onsite
location for more than 30 days.

(2) A person may store biohazardous begin delete or sharps end delete waste at or below
0° Centigrade (32° Fahrenheit) at an onsite location for not more
than 90 days without obtaining prior written approval of the
enforcement agency.

(3) A person may store biohazardous begin delete or sharps end delete waste at a
permitted transfer station at or below 0° Centigrade (32°
Fahrenheit) for not more than 30 days without obtaining prior
written approval of the enforcement agency. begin insert A transfer station that
does not have storage capacity at or below 0° Centigrade (32°
Fahrenheit) may only store waste for a maximum of three days
without obtaining prior written approval of the enforcement
agency. end insert

(4) A person shall not store biohazardous begin delete or sharps end delete waste above
0° Centigrade (32° Fahrenheit) at begin delete any end delete begin insert a end insert location or facility that is
offsite from the generator for more than seven days before
treatment.

(5) Notwithstanding paragraphs (1) to (4), inclusive, if the odor
from biohazardous or sharps waste stored at a facility poses a
nuisance, the enforcement agency may require more frequent
removal.

begin delete

(e)

end delete

begin insert (f) end insert  Waste that meets the definition of begin delete biohazardous end delete
begin insert pharmaceutical end insert waste in subdivision begin delete (g) of Section 117635 end delete begin insert (c) of
Section 117690 end insert shall not be subject to the limitations on storage
time prescribed in subdivision begin delete (d) end delete begin insert (e) end insert . A person may store that
begin delete biohazardous end delete begin insert pharmaceutical end insert waste at an onsite location for not
longer than 90 days when the container is ready for disposal, unless
prior written approval from the enforcement agency begin delete or the
department end delete is obtained. The container shall be emptied at least
once begin delete a end delete begin insert per end insert year, unless prior written approval from the enforcement
agency begin delete or the department end delete is obtained. A person may store that
begin delete biohazardous end delete begin insert pharmaceutical end insert waste at a permitted transfer station
for not longer than 30 days without obtaining prior written approval
from the enforcement agency begin delete or the department end delete . A person shall
not store begin delete that biohazardous end delete begin insert pharmaceutical end insert waste at begin delete any end delete begin insert a end insert location
or facility that is offsite from the generator for more than 30 days
before treatment.

begin delete

(f)

end delete

begin insert (g) end insert  The containment and storage time for wastes consolidated
in a common container pursuant to subdivision (h) of Section
118275 shall not exceed the storage time for any category of waste
set forth in this section.

begin insert

begin insert SEC. 83. end insert   

end insert

begin insert Section 118286 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118286.  

(a)  begin delete On or after September 1, 2008, no end delete begin insert A end insert person shall
begin insert not end insert knowingly place home-generated sharps waste in any of the
following containers:

(1) Any container used for the collection of solid waste,
recyclable materials, or greenwaste.

(2) Any container used for the commercial collection of solid
waste or recyclable materials from business establishments.

(3) Any roll-off container used for the collection of solid waste,
construction, and demolition debris, greenwaste, or other recyclable
materials.

(b)  begin delete On or after September 1, 2008, home-generated end delete
begin insert Home-generated end insert sharps waste shall be transported only in a sharps
container, or other containers approved by the enforcement agency,
and shall only be managed at any of the following:

(1) A household hazardous waste facility pursuant to Section
25218.13.

(2) A “home-generated sharps consolidation point” as defined
in subdivision (b) of Section 117904.

(3) A medical waste generator’s facility pursuant to Section
118147.

(4) A facility through the use of a medical waste mail-back
container approved by the begin delete department pursuant to subdivision (b)
of Section 118245 end delete begin insert United States Postal Service end insert .

begin insert

begin insert SEC. 84. end insert   

end insert

begin insert Section 118307 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118307.  

Medical waste that is stored in an area prior to transfer
to the designated accumulation area, as defined in Section 118310,
shall be stored in an area that is either locked or under direct
supervision or surveillance. Intermediate storage areas shall be
marked with the international begin delete biohazardous end delete begin insert biohazard end insert symbol or
the signage described in Section 118310. These warning signs
shall be readily legible from a distance of five feet. begin insert This section
does not apply to the rooms in which medical waste is generated. end insert

begin insert

begin insert SEC. 85. end insert   

end insert

begin insert Section 118321.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118321.1.  

(a) A trauma scene waste management practitioner
shall register with the department on forms provided by the
department.

begin delete

(b)  Notwithstanding subdivision (a), a person who possessed
a local business license as of January 1, 1997, and performs trauma
scene waste management activities may continue to do so until
April 1, 1998, subject to both of the following conditions:

(1)  The department has been notified of the trauma scene waste
management activities.

(2)  Registration as a trauma scene waste management
practitioner is completed on or before April 1, 1998.

end delete begin delete

(c)

end delete

begin insert (b) end insert  The department shall register a trauma scene waste
management practitioner and issue a trauma scene waste hauling
permit to a trauma scene waste management practitioner who
submits a completed application form and the registration fee,
upon approval of the application by the department.

begin delete

(d)

end delete

begin insert (c) end insert  A registered trauma scene waste management practitioner
is exempt from the registration requirements imposed pursuant to
Chapter 6 (commencing with Section 118025) or Article 6.5
(commencing with Section 25167.1) of Chapter 6.5 of Division
20 upon haulers of medical waste.

begin delete

(e)

end delete

begin insert (d) end insert  Registered trauma scene waste management practitioners
shall pay an annual fee of two hundred dollars ($200) to the
department for deposit in the fund. The fee revenues deposited in
the fund pursuant to this subdivision may be expended by the
department, upon appropriation by the Legislature, for the
implementation of this chapter.

begin insert

begin insert SEC. 86. end insert   

end insert

begin insert Section 118321.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118321.5.  

(a) Trauma scene waste shall be removed from the
trauma scene immediately upon completion of the removal phase
of a trauma scene waste removal operation.

(b) Trauma scene waste shall be transported to a permitted
medical waste transfer station or treatment facility pursuant to
begin delete subdivision (d) of Section 118000 end delete begin insert the conditions and requirements
set forth in the materials of trade exception specified in Section
173.6 of Title 49 of the Code of Federal Regulations end insert , or may be
stored in a dedicated freezer at the business location of the trauma
scene waste management practitioner for a period of not more than
14 days, or as otherwise approved by the department.

begin insert

begin insert SEC. 87. end insert   

end insert

begin insert Section 118335 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118335.  

(a) In order to carry out the purpose of this part, any
authorized representative of the enforcement agency may do any
of the following:

(1) Enter and inspect a facility for which a medical waste permit
or registration has been issued, for which a medical waste permit
or registration application has been filed, or that is subject to
registration or permitting requirements pursuant to this part. Enter
and inspect a vehicle for which a hazardous waste hauler
registration has been issued begin delete or a limited-quantity exemption
granted end delete , for which an application has been filed for a hazardous
waste hauler registration begin delete or a limited-quantity exemption end delete , or that
is subject to registration requirements pursuant to this part.

(2) Inspect and copy any records, reports, test results, or other
information related to the requirements of this part or the
regulations adopted pursuant to this part.

(b) The inspection shall be made with the consent of the owner
or possessor of the facilities or, if consent is refused, with a warrant
duly issued pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure. However, in
the event of an emergency affecting the public health or safety, an
inspection may be made without consent or the issuance of a
warrant.

(c) Any traffic officer, as defined in Section 625 of the Vehicle
Code, and any peace officer, as defined in Section 830.1 or 830.2
of the Penal Code, may enforce Chapter 6 (commencing with
Section 118000) and this chapter, and for purposes of enforcing
these chapters, traffic officers and these peace officers are
authorized representatives of the department.

begin insert

begin insert SEC. 88. end insert   

end insert

begin insert Section 118345 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118345.  

(a) Any person who intentionally makes any false
statement or representation in any application, label, begin delete tracking end delete
begin insert shipping end insert document, record, report, permit, registration, or other
document filed, maintained, or used for purposes of compliance
with this part that materially affects the health and safety of the
public is liable for a civil penalty of not more than ten thousand
dollars ($10,000) for each separate violation or, for continuing
violations, for each day that the violation continues.

(b) Any person who fails to register or fails to obtain a medical
waste permit in violation of this part, or otherwise violates any
provision of this part, any order issued pursuant to Section 118330,
or any regulation adopted pursuant to this part, is liable for a civil
penalty of not more than ten thousand dollars ($10,000) for each
violation of a separate provision of this part or, for continuing
violations, for each day that the violation continues.

begin delete SEC. 29. end delete
begin insert SEC. 89. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.