Loading...
(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)
(a) Notwithstanding any other provision of this Article, the Director may conduct an investigation and an inspection pursuant to Section 1512 whenever information is received that any medical waste generator or any person is in violation of this Article. The Director may require any person subject to this Article to pay an inspection and investigation fee equal to $167 for each hour or portion thereof spent by the Department of Public Health in conducting such activities.
(b) A notice of payment due shall be sent by the Director to the medical waste generator and the owner of the property inspected, advising of the amount of any fee and containing the following information:
(1) The date and location of the Director's investigation and inspection activities;
(2) The amount of the fee;
(3) A statement advising the generator and property owner that he or she is liable under this Article for the fee in the amount indicated in the notice and that payment to the City is due within 30 days of the mailing date of the notice;
(4) A statement advising the generator and property owner that a penalty of 10 percent plus interest at the rate of one percent per month on the outstanding balance shall be added to the costs from the date that payment is due under Subsection (b)(3);
(5) A statement advising the property owner that if payment of the costs is not received within 90 days of the mailing date, a lien may be imposed on the property of the owner where the generator is located, or where the violation occurred, pursuant to the provisions of this Section;
(6) A statement that the generator or property owner may appeal the fee determination contained in the notice of payment due to the Director. Said appeal must be filed in writing with the Director no later than 30 days after the date the notice of payment due is issued. The Director's decision on the appeal shall be final.
(c) If full payment of the costs is not received within 30 days after the notice of payment due was sent, a second notice of payment due shall be sent by the Director to the generator and property owner. The second notice shall state that the generator and property owner are liable for the payment of the costs indicated on the notice.
(d) If full payment of the costs is not received within 30 days after the second notice of payment due was sent, a third (and final) notice of payment due shall be sent by the Director to the generator and property owner. The third notice shall state that the generator and property owner are liable for the payment of the costs indicated on the notice and that if payment of such costs is not received within 30 days of the mailing date of the third notice, lien proceedings may be initiated against the subject property pursuant to the provisions of this Article.
(e) If payment is not received within 30 days following mailing the third notice, the Department shall initiate lien proceedings pursuant to the provisions of of the San Francisco Administrative Code.
(Added by Ord. 375-92, App. 12/23/92; amended by Ord. 322-00, File No. 001917, App. 12/28/2000; Ord. 176-04, File No. 040734, App. 7/22/2004; Ord. 148-08, File No. 080745, App. 7/30/2008)
Beginning with fiscal year 2007-2008, no later than April 15 of each year, the Controller shall adjust the fees provided in this Article to reflect changes in the relevant Consumer Price Index, without further action by the Board of Supervisors. In adjusting the fees, the Controller may round these fees up or down to the nearest dollar, half-dollar or quarter-dollar. The Director shall perform an annual review of the fees scheduled to be assessed for the following fiscal year and shall file a report with the Controller no later than May 1st of each year, proposing, if necessary, an adjustment to the fees to ensure that costs are fully recovered and that fees do not produce significantly more revenue than required to cover the costs of operating the program. The Controller shall adjust fees when necessary in either case.
(Added by Ord. 176-04, File No. 040734, App. 7/22/2004) (Former Sec. 1514 added by Ord. 375-92, App. 12/23/92; renumbered as Sec. 1515 by Ord. 176-04; Ord. 148-08, File No. 080745, App. 7/30/2008)
If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Article, is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article. The Board of Supervisors declares that it would have passed each section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Article irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, clauses, or phrases could be declared unconstitutional, invalid or ineffective.
(Formerly Sec. 1514; added by Ord. 375-92, App. 12/23/92; renumbered by Ord. 176-04, File No. 040734, App. 7/22/2004)