7-28-516 Management plan.

   A.   Every person who generates or produces infectious medical waste shall prepare and maintain an infectious waste plan on file at its facility.

   B.   Every person who transports, stores, hauls or disposes of infectious medical waste shall prepare and maintain an infectious waste plan on file at all of the facilities.

   C.   These plans shall be made available to the commissioner or a person authorized by the commissioner, at the time of any inspection of the facility, or upon notice and demand.

   The commissioner shall promulgate rules and regulations for the implementation and enforcement of this program.

(Added Coun. J. 9-12-90, p. 20461)

7-28-517 Responsibilities and enforcement authority.

   A.   Rulemaking Authority. The commissioner, in conjunction with the board, shall adopt rules and regulations necessary for the administration of this ordinance.

   B.   Regulatory Authority. When evidence of an alleged violation of any provision of this ordinance is presented to the commissioner, the commissioner, or any employee authorized by the commissioner shall serve upon the facility a written notice, informing the person(s) of the alleged violation(s). The owner or operator of the facility shall contact the department for an inspection of the site within five working days of the receipt of such notice of violation. Failure to do so will result in an inspection of the facility at a time and date determined by the department.

   C.   Inspection. At any time of any inspection, and the presentation of credentials, the inspector may:

      (1)   Enter upon the property or facility, public or private, for the purpose of taking any action authorized by this ordinance, including obtaining information and conducting investigations; and

      (2)   Examine all documents related to compliance with this section subject to the Medical Practice Act or court order.

(Added Coun. J. 9-12-90, p. 20461; Corrected. 11-28-90, p. 26324)

7-28-518 Penalties.

   A.   Any person who violates any provision of this ordinance or its rules and regulations, shall, upon conviction, be fined not less than $500.00 nor more than $1,000.00 for the first offense, not less than $1,000.00 nor more than $2,000.00 for the second offense, and not less than $2,000.00 nor more than $5,000.00 for a third or any subsequent offense.

   B.   In the event infectious waste is found which has been disposed of in violation of this ordinance, the department of health shall take or direct all action necessary to insure proper disposal of such waste. Any person responsible for such improper disposal shall, in addition to the penalties specified above, be required to pay any and all costs incurred by the city to dispose of such waste.

(Added Coun. J. 9-12-90, p. 20461; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

7-28-519 Severability.

   If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of the ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that the ordinance would have been adopted had not such invalid provision or provisions been included.

(Added Coun. J. 9-12-90, p. 20461)

7-28-520 Additional penalty for violation of article.

   In addition to other penalties cited in this chapter, if any person or business performing work under contract with the city is found guilty of violating the provisions of Sections 7-28-200 through 7-28-519 inclusive, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice.

(Prior code § 99-42.2; Added Coun. J. 7-29-86, p. 32488; Amended during Supplement No. 2, 4-91; Amend Coun. J. 3-6-96, 17618)

ARTICLE III. RESERVED (7-28-530 et seq.)

Editor's note – Coun. J. 10-14-21, p. 37722, Art. XIV, § 13, repealed Article III, which pertained to privies, catchbasins, and similar vaults.

7-28-530 Reserved.

Editor's note – Coun. J. 10-14-21, p. 37722, Art. XIV, § 13, repealed § 7-28-530, which pertained to construction of vaults.