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(a) Transportation of Waste. Except as otherwise exempted pursuant to Subsection 1506(b), all medical waste shall be transported off-site by a hazardous waste hauler in leak-resistant and fully enclosed rigid containers in vehicle compartments. Medical waste shall be transported off-site only to a permitted medical waste treatment facility, a permitted transfer station, or a permitted large quantity generator for the purpose of consolidation before treatment and disposal pursuant to this Article and the Act; provided that, no large quantity generator shall accept off-site medical waste for purposes of consolidation before treatment and disposal without written permission from the Director or as provided in a permit under this Article.
(1) No person shall 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, unless all of the waste is to be handled as medical waste under this Article.
(2) 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.
(b) Application for Exemption. Small quantity generators may apply to the Director for an off-site limited-quantity hauling exemption, if the generator meets all of the following requirements:
(2) The generator transports the waste himself or herself, or directs a member of his or her staff to transport the waste, to a permitted medical waste treatment facility or a permitted transfer station before consolidation or treatment and disposal.
(3) The generator maintains a tracking document.
(A) Any person transporting medical waste off-site in a vehicle shall have a tracking document in his or her possession while transporting the waste.
(B) The original tracking document shall be provided to the facility receiving the medical waste.
(c) Issuance of Hauling Exemption; Fee. The Director may issue or modify small quantity generator hauling exemptions with such conditions as necessary to protect public health and welfare. Every applicant for an exemption shall pay a fee of $175 in addition to the small quantity generator registration fee under Section 1504 or the nonregistrant fee under Section 1505.
(Added by Ord. 375-92, App. 12/23/92; amended by Ord. 176-04, File No. 040734, App. 7/22/2004; Ord. 148-08, File No. 080745, App. 7/30/2008)
(a) Permit Requirement. Every common storage facility shall have a permit issued by the Director. A permit for any common storage facility may be obtained by any one of the following:
(1) A provider of health care as defined in Section 56.05(d) of the Civil Code;
(2) The hazardous waste hauler responsible for collection of medical waste from the common storage facility;
(3) The property owner;
(4) The property management firm responsible for providing tenant services to the medical waste generators.
(b) Permit Application Deadlines. Any person under Subsection 1507(a) responsible for the operation of a common storage facility shall apply for a permit from the Director within 120 days of the effective date of this Article, 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 the effective date of this Article, a permit application shall be submitted to the Director and issued prior to commencement of storage of medical waste in the common storage facility. The Director is authorized to take enforcement action against unpermitted common storage facilities under Section 1512.
(c) Permit Issuance and Denial Process. The Director shall issue, renew, modify or deny common storage facility permits after notice and an opportunity for a hearing under Section 1503. The Director shall hold a hearing upon request of the applicant or any interested person. Permit application forms shall be prescribed by the Director.
(d) Fee for Common Storage Facility Permits. The annual permit fee for a common storage facility permitted pursuant to this Section is the amount specified in the following schedule:
(1) For storage facilities serving 10 or fewer generators, the permit fee is $438.
(2) For storage facilities serving 11 to 49 generators, the permit fee is $699.
(3) For storage facilities serving 50 or more generators, the permit fee is $873.
(Added by Ord. 375-92, App. 12/23/92; amended by Ord. 176-04, File No. 040734, App. 7/22/2004; Ord. 148-08, File No. 080745, App. 7/30/2008)
(a) Registration Requirements. Each large quantity generator, except as specified in paragraphs (1) and (2), shall register with the Director. Large quantity generators owning or operating an on-site medical waste treatment facility shall also apply for a permit for that treatment facility pursuant to Section 1509.
(1) Large quantity generators operating as a business in the same building, or which are associated with a group practice in the same building, may register as one generator.
(2) Large quantity generators as specified in Paragraph (1), operating in different buildings on the same or adjacent property, or as approved by the Director, may register as one generator.
(3) "Adjacent" for purposes of Paragraph (2), means real property within 400 yards from the property boundary of the primary registration site.
(b) Registration Deadline. Large quantity generators subject to Subsection 1508(a) shall register with the Director and pay the required fee no later than 120 days after the effective date of this Article. In those cases where the generation of medical waste begins after the effective date of this Article, registration shall be completed prior to commencement of the generation of medical waste.
(c) Registration by Filing Management Plan. Any large quantity generator required to register pursuant to Subsection 1508(a) shall file with the Director a medical waste management plan, on forms prescribed by the Director containing, but not limited to, all of the following:
(1) The name of the person responsible for operation of the large quantity generator, or with direct responsibility for management of medical waste;
(2) The business address and telephone number of the person in Paragraph (1);
(3) The type of business;
(4) The types, and the estimated average monthly quantity, of medical waste generated;
(5) The type of treatment used on-site, if applicable. For generators with on-site medical waste treatment facilities, including incinerators or steam sterilizers or other treatment facilities as determined by the Director, the treatment capacity of the on-site treatment facility;
(6) The name and business address of the hazardous waste hauler used by the generator to have untreated medical waste removed for treatment, if applicable;
(7) The name and business address of the hazardous waste hauler service provided by the building management to which the building tenants may subscribe or are required by the building management to subscribe, if applicable;
(8) The name and business address of the off-site medical waste treatment facility to which any medical waste is being hauled, if applicable;
(9) An emergency action plan complying with regulations adopted by the Director and approved by the department, if applicable;
(10) A statement certifying that the information provided is complete and accurate.
(d) Inspections. Every large quantity generator shall be subject to at least annual inspection by the Director.
(e) Duration of Registration; Renewal and Update of Information. Each large quantity generator registration issued by the Director shall be valid for one year.
(1) An application for renewal of the registration shall be filed with the Director not less than 90 days prior to the expiration date. Failure to meet this requirement shall result in assessment of a late fee.
(2) Every large quantity generator shall submit an updated application form within 30 days of any change in the medical waste management plan information specified in Subsection (c) above.
(f) Recordkeeping Requirements. Any large quantity generator required to register pursuant to this Section shall maintain individual treatment and tracking records, including tracking documents if applicable, for three years or for the period specified in the Director's regulations.
(g) Containment and Storage Requirements. Containment and storage of medical waste shall be in accordance with Section 1511.
(h) Waste Treatment Requirements. Treatment of medical waste shall be in accordance with Section 1511.
(i) Annual Fee For Large Quantity Generators. The registration and annual fee for large quantity generators shall be set in following amounts:
(1) A general acute care hospital, as defined in Subdivision (a) of Section 1250, Division 2, Chapter 2 of the Health and Safety Code, which has one or more beds, but not more than 99 beds, shall pay $1,048; a facility with 100 or more beds, but not more than 199 beds, shall pay $1,573; a facility with 200 or more beds, but not more than 250 beds shall pay $2,097; and a facility with 251 or more beds shall pay $2,971.
(2) A specialty clinic, providing surgical, dialysis, or rehabilitation services, as defined in Subdivision (b) of Section 1204, Division 2, Chapter 1 of the Health and Safety Code, shall pay $1,224.
(3) A skilled nursing facility, as defined in Subdivision (c) of Section 1250, Division 2, Chapter 2 of the Health and Safety Code, which has one or more beds, but not more than 99 beds shall pay $524; a facility with 100 or more beds, but not more than 199 beds shall pay $699; and a facility with 200 or more beds shall pay $573.
(4) An acute psychiatric hospital, as defined in Subdivision (b) of Section 1250, Division 2, Chapter 2 of the Health and Safety Code, shall pay $1,224.
(5) An intermediate care facility, as defined in Subdivision (d) of Section 1250, Division 2, Chapter 2 of the Health and Safety Code, shall pay $1,224.
(6) A primary care clinic, as defined in Section 1200.1, Division 1, Chapter 1 of the Health and Safety Code, shall pay $1,224.
(7) A licensed clinical laboratory, as defined in Paragraph (3) of Subdivision (a) of Section 1206, of the Business and Professions Code, shall pay $524.
(8) A health care service plan facility, as defined in Subdivision (f) of Section 1345, Division 2, Chapter 2.2 of the Health and Safety Code, shall pay $1,224.
(9) A veterinary clinic or veterinary hospital shall pay $524.
(10) A large quantity generator medical office shall pay $524.
(Added by Ord. 375-92, App. 12/23/92; amended by Ord. 176-04, File No. 040734, App. 7/22/2004; Ord. 148-08, File No. 080745, App. 7/30/2008)
(a) Permit Requirement; Inspections. All on-site medical waste treatment facilities shall be permitted and inspected by the Director pursuant to this Section.
(b) Permit Application Deadlines. Within 120 days of the effective date of this Article, each person owning or operating a medical waste treatment facility shall apply for a permit pursuant to this Section. If the medical waste treatment facility begins operation after the effective date of this Article, the permit shall be obtained pursuant to this Section prior to commencement of the treatment facility's operation. Registered small quantity generators shall obtain a permit if required by the Director pursuant to Subsection 1504(e).
(c) Medical Waste from Adjacent Small Quantity Generators. A health care facility accepting medical waste for treatment from small quantity generators located on property adjacent to the facility shall be classified as an on-site treatment facility. The word "adjacent" as used in this subsection means real property within 400 yards of the property boundary of the health care facility accepting medical waste for treatment.
(d) Permit Application. Any person required to obtain a permit pursuant to this Section shall file an application on forms prescribed by the Director, containing, but not limited to, all of the following information:
(1) The name of the applicant;
(2) The business address of the applicant;
(3) The type of treatment provided, the treatment capacity of the facility, a characterization of the waste treated at this facility, and the estimated average monthly quantity of waste treated at the facility;
(4) A disclosure statement, as provided in Section 25112.5 of the California Health and Safety Code;
(5) Evidence satisfactory to the Director that the operator of the medical waste treatment facility has the ability to comply with this Article and other requirements of State or local law;
(6) Any other information required by the Director for the administration or enforcement of this Article.
(e) Issuance or Renewal of Permit; Grounds for Denial.
(1) Prior to issuing or renewing a permit under this Section, the Director 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.
(2) The Director shall, pursuant to this Section, deny a permit, or specify additional permit conditions, to ensure compliance with applicable laws and regulations, if the Director determines that in the three- year period preceding the date of application the applicant has violated laws or regulations identified in Paragraph (1) 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.
(3) In addition to any other information required to be submitted for the permitting of a facility pursuant to this Section, an applicant who has owned or operated a facility regulated by the Director shall provide a description of all violations described in Paragraph (1), which occurred at any facility permitted and owned or operated by the applicant in the City and County of San Francisco in the three years prior to the date of application.
(4) In making the determination of whether to deny a permit or to specify additional permit conditions pursuant to Paragraph (2), the Director shall take both of the following into consideration:
(A) Whether a permit denial or permit condition is appropriate or necessary given the severity of the violation;
(B) Whether the violation has been corrected in a timely fashion.
(f) Recordkeeping Requirements.
(1) The Director shall evaluate, inspect, and review the records of on-site medical waste treatment facilities for compliance with this Article. Commencing on the thirtieth day after the effective date of this Article, all persons operating an on- site medical waste treatment facility shall maintain individual records for a period of three years and shall report or submit to the Director upon request, all of the following information:
(A) The type of treatment facility and its capacity;
(B) All treatment facility operating records;
(C) If applicable, copies of the tracking documents for all medical waste it receives for treatment from off-site generators or from hazardous waste haulers.
(g) Duration, Renewal and Transfer of Permits.
(1) A medical waste permit issued by the Director to a medical waste treatment facility shall be valid for five years.
(2) An application for renewal of the permit shall be filed with the Director not less than 90 days prior to the expiration date. If a permittee fails to make a timely application for renewal, the medical waste permit shall expire on the expiration date.
(3) A medical waste permit may be renewed if the Director finds the permittee has been in substantial compliance with this Article and any regulations adopted pursuant hereto during the preceding permitted period, or that the permittee corrected previous violations in a timely manner.
(4) Upon approval of the Director, a permit may be transferred from one subsidiary to another subsidiary of the same corporation, from a parent corporation to one of its subsidiaries or from a subsidiary to a parent corporation.
(h) Termination of Permit Prior to Expiration Date. A person required to obtain a medical waste permit shall at all times, possess a valid permit for each facility in operation. A medical waste permit shall terminate prior to its expiration date if suspended or revoked pursuant to Section 1512 or, notwithstanding Section 1512, if either of the following occurs:
(1) The permittee sells or otherwise transfers the facility except as specified in Paragraph (g)(4) of this Section;
(2) The permittee surrenders the permit to the Director because the permittee ceases operation.
(i) Permit Issuance Procedures.
(1) Permits shall be issued, renewed, denied or modified only after notice and a hearing pursuant to Subsection 1503(b).
(2) The Director shall issue a medical waste permit upon evaluation, inspection, or records review of the applicant if the applicant is in substantial compliance with this Article and the applicant has corrected any previous violations. A decision to issue or not to issue the permit shall be made by the Director within 120 days of the time that the application is filed, unless waived by the applicant.
(j) Permit Provisions. When issuing, renewing, or revising any treatment facility permit, the Director may prohibit or condition the handling or treatment of medical waste to protect public health and safety.
(k) Fees for Medical Waste Treatment Facilities.
(1) The annual permit fee for an on-site treatment facility shall be set at the following amount:
(A) The fee for an autoclave is $524.
(B) The fee for an incinerator or other approved technology is $353.
(C) The Director shall charge an application fee for an on-site treatment facility equal to $166 for each hour spent processing the application.
(Added by Ord. 375-92, App. 12/23/92; amended by Ord. 176-04, File No. 040734, App. 7/22/2004; Ord. 148-08, File No. 080745, App. 7/30/2008)
(a) Medical Waste Requirements. Every person subject to this Article shall comply with the following requirements to containerize or store medical waste:
(1) Medical waste shall be contained separately from other waste at the point of origin in the generating facility. Sharps containers may be placed in biohazard bags or in containers with biohazard bags.
(2) Biohazardous waste shall be contained in a red biohazard bag in accordance with this Section, conspicuously labeled with the words "Biohazardous Waste" or with the international biohazard symbol and the word "BIOHAZARD."
(3) Sharps waste shall be contained in a sharps container pursuant to Subsections 1510(b) and (c).
(b) Biohazardous Waste in Biohazard Bag. Every person subject to this Article shall comply with the following requirements to containerize biohazardous waste in a biohazard bag:
(1) The bags shall be tied to prevent leakage or expulsion of contents during all future storage, handling or transport.
(2) Biohazardous waste shall be bagged in accordance with Paragraph (a)(2) and placed for storage, handling, or transport in a rigid or disposable container. The container shall be leak resistant, have tight fitting covers, and be kept clean and in good repair. The container may be of any color and shall be labeled with the words "Biohazardous Waste," or with the international biohazard symbol and the word "BIOHAZARD," on the lid and on the sides so as to be visible from any lateral direction. Containers meeting the requirements specified in Section 66840 of Title 22 of the California Code of Regulations may also be used until the replacement of the containers is necessary or existing stock has been depleted.
(A) Biohazardous or sharps waste shall not be contained or stored above 0Centigrade (32Fahrenheit) for more than seven days at any on-site location without the written approval of the Director.
(B) Biohazardous or sharps waste may be stored at or below 0Centigrade (32 Fahrenheit) for up to 90 days at any on-site location; provided that any such storage shall not exceed 90 days without written permission of the Director.
(C) Biohazardous or sharps waste shall be stored off-site only as provided in Subsection 1506(a).
(D) If any on-site or off-site facility is unable to control the odor from its stored waste and the odor poses a public nuisance, the Director may require more frequent removal or take such other action as allowed by law.
(c) Sharps Waste. Every person subject to this Article shall comply with the following requirements to containerize sharps:
(1) All sharps waste shall be placed into a sharps container;
(2) Full sharps containers ready for disposal shall be taped or tightly lidded to preclude loss of contents;
(3) Sharps containers ready for disposal shall not be stored for more than seven days without the written approval of the Director;
(4) Sharps containers shall be labeled with the words "sharps waste" or with the international biohazard symbol and the word "BIOHAZARD."
(d) Storage in Common Storage Facility. Any small quantity generator who has properly containerized the medical waste according to the requirements of this Section, and is otherwise in compliance with the registration and notification requirements of this Article may store the waste in a permitted common storage facility.
(e) Rigid Containers for Waste; Washing and Decontamination. Every person subject to this Article shall thoroughly wash and decontaminate reusable rigid containers for medical waste by a method approved by the Director each time they are emptied, unless the surfaces of the containers have been completely protected from contamination by disposable liners, bags, or other devices removed with the waste. These containers shall be maintained in a clean and sanitary manner. Approved methods of decontamination include, but are not limited to, agitation to remove visible soil combined with one of the following procedures:
(1) Exposure to hot water of at least 82° Centigrade (180° Fahrenheit) for a minimum of 15 seconds.
(2) Exposure to chemical sanitizer by rinsing with, or immersion in, one of the following for a minimum of three minutes:
(A) Hypochlorite solution (500 ppm available chlorine);
(B) Phenolic solution (500 ppm active agent);
(C) Iodoform solution (100 available iodine);
(D) Quaternary ammonium solution (400 ppm active agent).
(f) Decontamination of Leaks or Spills. Any leak or spill of a medical waste by a medical waste generator, medical waste treatment facility, common storage facility, or any person subject to this Article shall be decontaminated by procedures adopted by the Director, as approved by the department.
(g) Use of Containers for Solid Waste. No person subject to the requirements of this Article shall use, allow or make available reusable pails, drums, dumpsters, or bins used for medical waste for the containment of solid waste, or for other purposes, except after being decontaminated by the procedures specified in Subsections (e) and (f) of this Section, and removal of all medical waste labels.
(h) Security of Storage Areas. Any enclosure or designated accumulation area used for the storage of medical waste containers, including common storage facilities, shall be secured so as to deny access to unauthorized persons and shall be marked with warning signs on, or adjacent to, the exterior of entry doors, gates, or lids. The storage area may be secured by use of locks on entry doors, gates, or receptacle lids.
(1) The wording of warning signs shall be in English, "CAUTION-BIOHAZARDOUS WASTE STORAGE AREA-UNAUTHORIZED PERSONS KEEP OUT," and in Spanish, "CUIDADO-ZONA DE RESIDUOS-BIOLOGICOS PELIGROSOS-PROHIBIDA LA ENTRADA A PERSONAS NO AUTORIZADAS," or in another language, in addition to English, determined to be appropriate by the infection control staff, the person responsible for medical waste management or the Director. Warning signs shall be readily legible during daylight from a distance of at least 25 feet.
(2) Any enclosure or designated accumulation area shall provide medical waste protection from animals and natural elements and shall not provide a breeding place or a food source for insects or rodents.
(i) Trash Chutes. No person shall use a trash chute to transfer medical waste.
(j) Compacters or Grinders. Compacters or grinders shall not be used to process medical waste until after the waste has been treated pursuant to Section 1511 and rendered solid waste, unless the grinding or compacting is an integral part of the treatment method and allowed by the facility permit. Medical waste in bags or other disposable containers shall not be subject to compaction by any compacting device and shall not be placed for storage or transport in a portable or mobile trash compactor.
(Added by Ord. 375-92, App. 12/23/92)
(a) Methods of Treatment for On-Site Treatment Facilities. Any person treating medical waste shall ensure that the medical waste is treated by one of the following methods, thereby rendering it solid waste, which is not otherwise hazardous, prior to disposal:
(1) 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. Monitoring for release of airborne pathogens from medical waste incinerations shall be conducted as required by the medical waste treatment permit.
(2) Discharge to the sewerage system as defined in the San Francisco Public Works Code, if the medical waste is liquid or semiliquid. Any such medical waste discharge shall be consistent with the waste discharge requirements placed on the City and County of San Francisco by state or federal law, and with any pretreatment permit issued by the Department of Public Works pursuant to the Public Works Code; provided that such discharge shall not consist of either of the following:
(A) Liquid or semiliquid laboratory waste, as defined in Subsection 1502(c).
(B) Microbiological specimens, including those specified in Subsection 1502(c).
(3) 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 and included in the applicable permit, 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, in order to achieve sterilization of the entire load. Thermometers 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 three years or for the period specified in the regulations.
(C) Heat-sensitive tape, or another method acceptable to the Director, shall be used on each container that is processed to indicate the attainment of adequate sterilization conditions.
(D) The biological indicator Bacillus stearothermophilus, or other indicator of adequate sterilization as approved by the department and included in the applicable permit, 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 three years.
(4) Rendered noninfectious prior to disposal, if sharps waste, by one of the following methods:
(A) Incineration;
(B) Steam sterilization;
(C) Disinfection and encasement using an alternative treatment method approved by the Department. Sharps waste which is encased in a sharps container which complies with Subsection 1502(x) meets the encasement requirements of this Paragraph, and may be disposed of solid waste pursuant to Paragraph (n)(4) of Section 1502.
(5) Other alternative medical waste treatment methods which are both of the following:
(A) Approved by the Department and included in the applicable permit;
(B) Result in the destruction of pathogenic microorganisms.
(Added by Ord. 375-92, App. 12/23/92)
(a) Entry and Inspection Authority. Upon presentation of proper credentials, the Director may, at any reasonable time, enter and inspect the following facilities, or take any of the following actions:
(1) Enter and inspect any facility for which a medical waste permit, common storage facility permit, or medical waste registration has been filed, or which is subject to registration or permitting requirements pursuant to this Article;
(2) Enter and inspect any facility for which a nonregistrant information document has been filed pursuant to Section 1505, upon receipt of information that a violation of this Article has occurred;
(3) Enter and inspect a vehicle for which a limited-quantity exemption application has been filed or granted, or which is subject to registration or permit requirements pursuant to this Article;
(4) As part of any entry, take photographs or videotapes, take samples, inspect and copy any records, reports, test results, or other information related to the requirements of this Article.
(b) Consent to Entry. The Director's inspection shall be made with the consent of the owner or possessor of the facilities. If entry or inspection authorization is denied, the Director shall obtain a proper inspection warrant or other remedy provided by law to secure entry.
(c) Emergency Inspection Authority. Notwithstanding the provisions of Subsection (b), if the Director determines that a violation or an emergency may endanger public health or safety, an inspection may be made without consent or issuance of a warrant.
(d) Notice of Violation and Administrative Orders. The Director is authorized to enforce the requirements of this Article, including the provisions of any regulation, permit, registration, or hauling exemption. Upon receipt of information that a violation has occurred or may occur, the Director may take any, or any combination, of the following actions.
(1) Serve notice requiring correction of violations of this Article upon any person, including the owner, operator, permittee or registrant of the facility or vehicle where the violation occurred or may occur, and on any other person responsible for violation of this Article. Corrective action may be required immediately or upon a schedule specified by the Director.
(2) After notice and hearing, issue an order to cease or abate the violation and to take any necessary remedial action. The order shall be served personally or by certified mail on the owner, operator, permittee or registrant of the facility where a violation occurred or may occur, and on any other person responsible for violation of this Article.
(3) After notice and hearing, issue an order to the person responsible for a violation of this Article specifying a schedule for compliance, or imposing an administrative penalty of not more than $1,000 per violation, or both. Any person who violates an order issued pursuant to this Subsection 1512(d) shall be guilty of a misdemeanor.
(4) Request the City Attorney to bring an action to enjoin any violation or threatened violation of this Article, to enforce an order issued under this Section, and to recover civil penalties.
(e) Unauthorized Treatment or Disposal of Medical Waste; Penalties. No person shall haul, transport, store, treat, dispose, or cause the treatment or disposal of medical waste in a manner not authorized by a valid order, permit, registration, or hauling exemption issued under this Article, or any regulations adopted pursuant hereto. Any person who stores, treats, disposes, or causes the treatment or disposal of medical waste in violation of this Article is guilty of an offense as follows:
(1) For a small quantity generator, a first offense is an infraction, punishable by a fine of not more than $1,000.
(2) For a person other than a small quantity generator, a first offense is a misdemeanor punishable by a fine of not less than $2,000, or by up to one year in county jail, or by both fine and imprisonment.
(3) Any person convicted of a second or subsequent violation of this Subsection 1512(e) within three years of the prior conviction shall be punished by imprisonment in the county jail for not more than one year or by imprisonment in state prison for one, two, or three years or by a fine of not less than $5,000 or more than $25,000, or by both the fine and imprisonment. This Paragraph (3) shall not apply unless any prior conviction is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. If the defendant is a corporation which operates medical facilities in more than one geographic location, this subdivision shall apply only if the offense involves an adjacent facility involved in the prior conviction.
(4) Any person who knowingly treats or disposes, or causes the treatment or disposal of, medical waste in violation of this chapter shall be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for one, two, or three years, or by a fine of not less than $5,000 or more than $25,000, or by both the fine and imprisonment.
(5) Any person who intentionally makes any false statement or representation in any application, label, tracking document, record, report, permit, registration, or other document filed, maintained, or used for purposes of compliance with this chapter which materially affects the health and safety of the public is liable for a civil penalty of not more than $10,000 for each separate violation, or for continuing violations, for each day that the violation continues.
(6) Any person who fails to register or fails to obtain a medical waste permit in violation of this Article, or otherwise violates any provision of this Article, including any order or permit, shall be liable for a civil penalty of not more than $10,000 for each violation of a separate provision of this Article, or for continuing violations, for each day that the violation continues.
(f) Suspension or Revocation of Permits. The Director may, after notice and a hearing, suspend, revoke or modify any medical waste permit or common storage facility permit upon making a finding that:
(1) The permittee has violated the provisions of this Article, or any regulation adopted pursuant to this Article;
(2) The permittee has violated any term or condition of a permit or administrative order issued pursuant to this Article;
(3) The permittee has aided or abetted the violations specified in Paragraphs (1) and (2), or has interfered with the performance of any activity or duty of the Director;
(4) The permittee has intentionally made false statements, or intentionally failed to disclose fully all relevant facts, in any material regard, in an application for a medical waste permit or common storage facility permit;
(5) A temporary or permanent modification, reduction or termination of the permitted operation is necessary to bring it into compliance with the provisions of this Article.
(g) Emergency Enforcement Authority. Notwithstanding any other provision of this Article, whenever the Director determines that medical waste may cause an imminent danger to the health or welfare of any person, the Director may take all necessary actions to immediately abate the threat without notice or a hearing. Any person subject to this Article shall immediately cease any activity, or commence abatement or mitigation action upon verbal or written notification by the Director that an imminent danger is presented by medical waste.
(h) Liens. Costs and charges incurred by the City by reason of the abatement of any violation of this Article, or abatement of any imminent danger, including but not limited to monitoring and inspection costs, and any administrative civil penalties assessed against any person for violations of this Article, shall be an obligation owed by the owner of the property where the violation originated or by the person against whom the penalty was assessed to the City. Such obligation may collected by means of the imposition of a lien against the property of the owner where the violation originated or of the person against whom the final administrative civil penalty was assessed. The City shall mail to the owner of the property where the violation occurred and to the person or business against whom the final administrative civil penalty was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice.
(i) Liens shall be created and assessed in accordance with the requirement of Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).
(Added by Ord. 375-92, App. 12/23/92; amended by Ord. 322-00, File No. 001917, App. 12/28/2000)
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