13-23: HOME GENERATED SHARPS WASTE MANAGEMENT PROGRAM:
   A.   Purposes: The city of Porterville finds and declares all of the following purposes for this section:
      1.   To achieve the mandates imposed by the integrated waste management act of 1989 (AB 939) on a regional basis;
      2.   To enact a comprehensive and innovative system for the proper and legal management of home generated "sharps" waste, as defined in subsection B of this section in the city of Porterville in accordance with section 118286 of the California Health And Safety Code;
      3.   To enact a law that establishes a program that is convenient for consumers and the public to return and ensure the safe and environmentally sound disposal of home generated sharps waste, and to provide a "no cost" system for consumers for the return of home generated sharps waste;
      4.   To assure that the costs associated with the handling and disposal of home generated sharps waste are the responsibility of the producers and retailers of home generated sharps waste, and not local governments or their service providers, state or local government, or taxpayers;
      5.   To reduce the likelihood of the illegal disposal of home generated sharps waste;
      6.   To ensure that all costs associated with the proper management of home generated sharps waste are internalized by the producers and retailers of home generated sharps waste at or before the point of purchase, and not at the point of discard;
      7.   To assure that manufacturers and retailers of sharps, while working to achieve the goals and objectives of this section, shall have the flexibility to partner with each other, with governmental programs, and with private and nonprofit business enterprises that provide collection and processing services, to develop and promote a safe and effective home generated sharps waste management system; and
      8.   To provide for the safe and convenient collection and disposal of one hundred percent (100%) of the home generated sharps waste discarded in the city of Porterville at no cost to the consumer and to comply with the requirements pursuant to state Health And Safety Code prohibiting the disposal of home generated sharps waste in trash, recycling, yard waste, or landfills as of August 1, 2014.
   B.   Definitions:
   CONSUMER: An individual who has purchased sharps for personal use for humans or animals.
   CONTAINED: All home generated "sharps" (as defined herein) waste is properly secured in a "receptacle" (as defined herein) prior to delivery to a retailer for disposal.
   DISTRIBUTOR: A person who sells sharps to a retailer.
   HOME GENERATED: All "sharps" as defined herein derived from a household, including a multi-family residence, or a single- family residence.
   PORTERVILLE AREA: The geographic area that includes the boundaries of the city of Porterville, California.
   PROPER DISPOSAL OF HOME GENERATED SHARPS WASTE: Disposal in compliance with the applicable provisions of the California Health And Safety Code by means of an approved/certified medical waste disposal company.
   RECEPTACLE: An FDA approved, rigid and puncture resistant container with a sealable lid that is designed specifically for transporting sharps for disposal.
   RETAILER: Any entity, including, but not limited to, a person or business, or whatever form of organization, which sells sharps to a consumer, including a manufacturer of sharps who sells directly to a consumer.
   SHARPS: Hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, to humans or animals.
   C.   Sharps Management:
      1.   By August 1, 2014, every retailer of sharps sold in the city of Porterville shall establish, within the retail outlet, a system for the acceptance and collection of home generated sharps waste for proper disposal.
      2.   Each system established by a retailer for the acceptance and collection of home generated sharps waste that is enclosed in sealed, puncture resistant receptacles during the retailer's normal hours of operation, for proper disposal shall, at a minimum, include all of the following elements:
         a.   A convenient location within the retail establishment for the "take back" from the consumer of home generated sharps waste at no cost to that consumer.
         b.   Appropriate signage, prominently displayed within five feet (5') of any entrance to the retail establishment and easily visible to the consumer, indicating that the retail establishment accepts and collects contained home generated sharps waste from consumers.
         c.   An appropriately secured receptacle or receptacles for the collection of contained home generated sharps waste within the retail establishment. The retailer shall assure that all home generated sharps waste is properly contained in a sharps receptacle and placed in a secured drop off location.
         d.   Assurance that the collected home generated sharps wastes are disposed within the time period established by applicable state law, as determined, from time to time by the Tulare County environmental health service department, acting as the local enforcement agency.
         e.   Comply with all applicable provisions of the California medical waste management act, Health And Safety Code section 117600 et seq.
      3.   A retailer who is required to accept contained home generated sharps waste shall, at a minimum, provide the following take back services:
         a.   The take back from the consumer of contained home generated sharps waste that the retailer sold or previously sold to the consumer, at no cost to that consumer. In that event, the retailer may require proof of purchase of the prior sales. The retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the amount previously sold to the consumer.
         b.   The take back of contained home generated sharps waste from a consumer purchasing sharps from the retailer, at no cost to the consumer. In that event, the retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the amount being purchased.
         c.   The take back from the consumer of contained home generated sharps waste that the retailer did not sell or previously sell to the consumer, at no cost to that consumer. The retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the equivalent of one 2-quart size sharps container per week, per consumer, from any consumer who resides in the city of Porterville area. (Ord. 1814, 6-17-2014)