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HomeMy WebLinkAbout1989-06-06; City Council; 10064; ADOPTION OF ORDINANCE REGULATING THE STORAGE AND DISPOSAL OF MEDICAL WASTE ORDINANCE-COUNTY CODE OF REGULATORY ORDINANCES, BY REFERENCEg M C c .d c) 4 P *ri $4 cd a, 3 a 0 u u a, e a $4 u a, c, c a, u a a, u c) -rl a W C (d d- rn z a $4 oQ (0 zi a, $4 b I a 3 a,g 0 E !$ a. ff Cd .d 4h c) Ga, - u+J -( .ri hl E \ g 2 2 m co \ u3 \ Q .. z 0 4 $ g 0 0 5 i OF CARLSBAD - AGENWBILL d c'ul /4, @bd TITLE: AB# MTG. 6/6/89 DEPT. ADOPTION OF ORDINANCE REGULATING THE STORAGE CODE OF REGULATORY ORDINANCES, BY REFERENCE E & DISPOSAL OF MEDICAL WASTE ORDINANCE-COUNTY RECOMMENDED ACTION: Introduction of Ordinance No. d5-74and set the matter for publ ic hear the next regularly scheduled Council meeting which falls more than 1 from this meeting. ITEM EXPLANATION: The City of Carlsbad adopts by reference various portions of the Counl of Regulatory Ordinances. It is important that we keep current on provisions because we have a contract with the County to enforce the and safety regulations for the City of Carlsbad. This Ordinance specifically provides for regulation of the stora disposal of biomedical waste, biohazardous waste, medical sol id wast requires each estab1 ishment that produces medical waste to devc biomedical waste management pl an. On March 14, 1989, the County Board of Supervisors unanimously passed Ordinance 7556 to better regulate medical waste, to protect publ ic hea' help stop the increasing number of incidents where medical was improperly di sposeld. Supervisor Golding has requested that the City Council of the C Carlsbad adopt an ordinance similar to the San Diego County Ordinar 7556 - Regulation of the Storage and Disposal of Medical Wastes as 5 possible. Mayor Lewis has asked that the Regulation of the Storage and Disposal F Waste Ordinance be placed on the City Council agenda for June 6, 1985 FISCAL IMPACT: The County of San Diego Health Department will provide these services City of Carlsbad medical waste generating facilities. The Coun schedule indicates that a $105 annual fee will be assessed to each bi enterprise generating less than 220-lbs. of infectious/medical was month to fund the Medical Waste Management Program within the Departr Heal th Services. EXHIBITS : 1. San Diego County Ordinance 7556-Regulation of the Storage and Dispc Medical Wastes. 2. Memo from Supervisor Golding to Mayor Lewis dated 3-16-89. 3. City of Carlsbad Ordinance No.,d5-7+ , adopting the Sa County Ordinance by reference to regulate the storage disposal of medical wastes. EXHIBIT I e 0 ,. ORDINANCE NO- 7556 (NEN SERIES) AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE REGULATION OF THE STORAGE AND DISPOSAL OF MEDICAL WASTES The Board of Supervisors of the County of San Diego do ordain as follows: Section 1- Chapter 12 is hereby added to Division 8 of Title 6 of the County Code of Regulatory Ordinances to read as follows: MEDICAL WASTES Sec. 68.1201 DEFINITIONS OF TERMS (a) BIOMEDICAL WASTE means any waste which is generated or has been used in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, in the production or testing of biologicals, or which may contain infectious agents and may pose a substantial threat to health. Biomedica: waste includes biohazardous waste and medical solid waste. Biomedical waste does not include hazardous waste (as defined in California Health and Safety Code Section 25117 and California Code of Regulations Title 22 Articles 9 or 11) or radioactive waste (as defined in California Health and Safety Code Section 25805(e). (b) BIOHAZARDOUS WASTE means any of the following: 1, Laboratory waste, including, but not limited to, specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industr laboratories, wastes from the production of biological agents, discarded live and attenuat vacc:,nes, and culture dishes and devices used to transfer, inoculate and mix cultures or material which may contain infectious agents and rnay pose a substantial threat to health- -L @ e 2 2- Recognizable fluid blood elements and requlated body fluids, and containers and articles contaminated with blood elements or regulated body flluids that readily separate from the solid portion of the waste under ambient temperature and pressure. Regulated body fluid: are cerebrospinal fluid, synovial fluids, pleurz fluid, peritoneal fluid, pericardial fluid, and amniotic f1ui.d. 3. Sharps, which are objects or devices having acute rigid cornersr edgest or protuberances capab2e of cutting or piercing, including, but not limited to, hypodermic needles, blades and s:Lides- 4, Contaminated animal carcasses, body parts, excrement and bedding of animals including materials resulting from research, production of biologicals, or testing of pharmaceuticals which are suspected of being infected with a disease communicable to humans, 5- Any specimens sent to a laboratory for micro- biologic analysis- 6. Surgical specimens including human or animal parts or tissues removed surgically or by autop 7- Such other waste materials that result from the administration of medical care to a patient by health care providers and are found by the administering agency or the local Health Office to pose a threat to human health or the environment. If there is a difference in opini between the administering agency and the local Health Officer, the local Health Officer's view will prevail, (c) MEDICAL SOLID WASTE shall include, but not be limited to, waste such as empty specimen containers, bandagest dressings containing non-liquid blood, surgical gloves, decontaminated biohazardous waste, and other materials which are not biohazardous. 0 e (d) SHARPS CONTAINERS are: leakproof, rlgld, punc:~re-res containers which when sealed cannot be reo2enecj without great. difficulty- These containers must be labeled with either "biohazard" or "infectious waste" on the outside of the container. These containers must also be labeled so that the producer's name, address and phone number are legible and easily visible on the outside of the container, (e) RED BAG means a disposable plastic bag which is impervious to moisture and has a strength sufficient to preclude ripping, tearing or bursting under normal conditions of usage and handling of the waste-filled bag. Each bag shall be constructed of material of sufficient single thickness strength to pass the 165-gr dropped dart impact resistance test as prescribed by Standard D 1709-75 of tfie American Society for Testing and Materials and certified by the bag manufacturer- The bags shall be securely tied so as to prevent leakac or expulsion of solid or liquid wastes during storage, handling or transport- The bag shall be red in color and conspicuously labeled with the international biohaz symbol and the word "Biohazard". The bag shall be labe so that the producer's name, address, and phone number are legible and easily visible on the outside of the bag - (f) PERMITTED BIOHAZARDOUS WASTE HAULER is a hauler who has received a permit from the appropriate agency to haul biohazardous waste. (9) SOLID WASTE HAULER is a hauler licensed by the appropri agency to haul solid waste. (h) BIOMEDICAL WASTE MANAGEMENT PLAN is a document which shall be completed by generators of Biomedical waste on forms prepared by the Environmental Health division of the Departnent of Health Services and shall contain the following information: 1, Name, address, telephone number, establishment number of the generator, the responsible perso and an emergency telephone number which will provide 24 hour access to the responsible person - e 0 4 2. Descriptions of the type and quantlty of biomedical wastes generated and the containers used to store and dispose of the wastes - 3. Methods used to store, treat and dispose of biohazardous wastes- 4. Methods used to store and dispose of medical so1i.d wastes- 5. A statement assuring that all personnel handl: biomedical wastes have received training in aspects of handling the wastes in accordance with this Chapter and the biomedical waste management plan- The responsible person shall certify by his or her sigr: that the biomedical waste management plan is true, and that the generator will comply with the provisions ther Sec, 68.1202 MEDICAL SOLID WASTES Any person who is a generator, or an employee of a generator of medical solid wastes, shall store such wastes prior to disposal in an area secured as to deny access to unauthorized persons, animals, wind, rain, insects, and rodents. If such wastes are placed in a trash receptacle or compactor which is accessible at any time to unauthorized persons, such receptacle or compactor shall be locked to prevent access to the contents thereof to anyone other than authorized persons or refuse collection personnel- Sec. 68.1203 BIOHAZARDOUS WASTES - SMALL GENERATORS Any person who is a generator, or an employee of a generator, of Biohazardous Wastes, and produces less than 220 pounds of such waste per month, shall store and dispose of such waste in the manner provided for in sections 66840(f), 66840(g), 66840(h), and 66845(a)-(c) of Title 22 of the California Code of Regulations, and shall maintain on the premises a copy of the current biomedical waste management plan, and documentation verifying the manner of disposal used- The Sections specified in this section are hereby incorporated .into and made a part of the San Diego County Code. Not less than three copies of the specified sections are on file in the office of the Clerk of the Board of Supervisors of the County of San Diego as documents number 716513, 716513(A), and 716513(B) .. 0 0 - -l - See - 68 - 1204 BIOHAZARDOUS F.!ASTES - i.2.EG"s GC:<E?.L.T~:~ Any person who is a aenera.torf or an employee of a gent of biohazardous wastes, and produces 220 pocnds or mor< of such wastes per month, shall store and dispose of such waste in the manner provided for in section 668401 66845(a)-(c), 66850(a)-(h), 66855(a)-(d), 66860, and 66865 of Title 22 of the California Code of Regulation; and shall maintain on the premises a copy of the curre1 biomedical waste management plan, and documentation verifying the manner of disposal used, The sections of Title 22 of the California Code of Regulations specified in this subdivi-sion (d) are hereby incorporat into and made.a par2 of the San Diego County Code. Not less than -three copies of the specified sections are on file in the :of-f.ice of the Clerk of the Board of Supervisors of the County of San Diego as documents numbered 716514, '716514 (A), and 716514 (B)- See. 68.1205 SHARPS CONTAINERS AND RED BAGS - ADDITIONAL REQUIREMENTS In addition .to the requirements of Section 68.1203 and 68- 1204, all generators of biohazardous wastes shall meet the following requirements: (a) All sharps containers and red bags used in complyi with sections 68.1203 and 68.1204 shall b of the type defined in section 68-1201(d) and d- e (b) All sharps containers and red bags shall be label1 in accordance with Section 68-1201(d) and (f)eprio to placing any materials in said containers or bag (c) When wastes are to be processed in an autoclave prior to disposal by the generator they may be pla in a single red bag which must be placed in a clea autoclav'e bag which is labelled in the same manner as required for red bags in Section 68-1201(e), More than one red bag may be placed in an autoclav bag. (d) h'astes w,hich are not processed in an autoclave prior to disposal by the generator shall be stored and disposed of in a red bag which is sealed inside of a second red bag. (e) Needles and syringes shall not be clipped prior to disposal - (f) Red bags, as defined above, shall be used only for the storage and disposal of biohazardous wastes. (9) ,411 materials disposed of in sharps containers shall be managed in the manner prescribed for biohazardous wastes in Section 68.1203 whether or not the materials are actually biohazardous wastes as defined in section 68.1201(b). 0 0 6 Sec- 68.1206 MANAGEMENT PLAN-PREPARATION AND FILING (a) All generators of biomedical wastes shall prepare a Biomedical Waste, Management Plan as defined in section 68.1201(i)r'. The Plan shall be filed with the Deputy Director of the Environmental Health Services Division of the Department of Health Services, and a copy shall be kept at all times on the premises of the facility in which biomedicz wastes are being generated, (b) Every Biomedical Waste Management Plan shall be updated and re-filed annually, or when any of the information contained therein has changed, whichever occurs first. Sec. 68.1207 EXEMPTION Sections 68.1202-68-1205 shall not be applicable to biomedical wastes produced by individuals through perso use at their residences and which are disposed of throuc residential service as defined in Section 68-501(b)(30) of this code. Sec. 68-1208 CRIMINAL PENALTY Violation of any of the provisions of this chapter shal: be a misdemeanor punishable by imprisonment in the count jail not exceeding one year, or a fine not exceeding ten thousand dollars ($lO,OOO), or both. Sec. 68.1209 CIVIL PENALTY Any person who violates any of the provisions of this Chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($15,000) for each such violation. Sec. 68.1210 ADDITIONAL REMEDIES The civil and criminal provisions of this Chapter are remedies in addition to any existing remedy authorized by law and are not to be construed as conflicting with or in dereliction of, any provisions of this Chapter or of this Code or of law. Said provisions are to be construed as independent and non-exclusive and in no way conditioned upon each other- Sec. 68.1211 ENFORCEMENT The Deputy Director of the Environmental Health Services Division of the Department of Health Services shall be responsible for enforcing the provisions of this chapter. The Environmental Health Services division of the Department of Health Services shall be the administering agency. 0 0 %. - Section 2. Subsection (16) of sub6lvisicn 6 of Section 68.501 of the County Code of Regulatory Ordinances is amended to read as follows: (16) "Medical Waste" is Biomedical waste, which is defined and regulated according to Chapter 12 of this Division (commencing with Section 68- 1201 1- Section 3, Section 68-504 of the County Code of Regulato: Ordinances is amended to read as follows: Sec, 68.504. BAZARDOUS AND MEDICAL WASTES (a) 1, No person shall transport or collect hazardous wastes without compliance with applicable state law- 2- No person shall deposit, dump, spill, or other- wise allow to be placed on a County Solid Waste Facility not designated as a hazardous waste disposal facility, any waste classified as hazardous or infectious by State and Federal law or County Ordinance- 0 @"t 'I '+? ~p:.y8.. ?*< '\*n 0 1 %wg '.'4 Pd=-4=+ *oc:c\' .* (: 0 aounig rrf %an pep *gyE #$ P%Q@ J. WILLIAM COX. M.D., Ph.D. DEPARTMENT OF HEALTH SERVICES DIRECTOR 1619) 236-2237 1700 PACIFIC HIGHWAY. SAN DIEGO. CALIFORNIA 92101-2417 $& STEVEN A. ESCOEOZA ASSISTANT DIRECTOR -*9= (61 9) 236-7633 OFFICE OF THE DEPUTY DIRECTOR ENVIRONMENTAL HEALTH SERVICES P. 0. BOX 85261 SAN DIEGO, CA 92138-5261 (619) 338-2222 -. . May 4, 1989 Raymond R. Patchett: City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1949 Dear Mr. Patchett: Late last year, medical waste was discovered washing up on th Diego coastline. These incidents heightened the awarenec elected officials, public health officials and the public tha mismanagement of medical waste could pose a serious threat t environment and th'e public health. In an attempt to resolve this problem, on December 5, 1988, th Diego County Board of Supervisors created an Ad Hoc Medical Review Committee to develop alternative solutions that cou implemented in the county. The Ad Hoc committee was chair Supervisor Susan Golding and was comprised of representatives the Hospital Council, the Medical Society, the Navy and the H Department. On the recommendation of the Ad Hoc Committee, on March 28, the Board of Supervisors adopted an ordinance that calls for 2 stringent regulati.on of medical waste (Ordinance No. 7556). ordinance will ta:ke effect July 21, 1989, in the unincorpc parts of the County. The Ordinance redefines "medical wast the County Code arid establishes penalties and enforcement ac for violators. It: also eliminates exemptions for facilitiez generate less than 220 pounds per month of infectious/medical by requiring them to: -I 0 0 Raymond R. Patchett -2- May 4, 1989 1. Sterilize or incinerate all infectious and medical waE and 2. Dispose of their waste by a professional dispc An amendment to this ordinance is forthcoming and will include following language -to be added to Section 68.1203: 1. "Putresci:ble biohazardous waste shall not be mainta 2. 19Non-putrescible biohazardous waste (including sha service. by the generator for more than seven days." shall not be maintained by the generator for more six months. If On April 4, 1989, on the recommendation of the Ad Hoc Committee board adopted an Ordinance that added an annual fee of $105 businesses generating less than 220 pounds of infectious/mec waste per month. These fees will fund a Medical Waste Managc Program within the Department of Health Services to implement requirements relatimg to the treatment and disposal regulatic infectious/medical waste. (Ordinance No. 7556). This inf omation packet contains all the relevant backgi information that is aimed at directing the future managemer medical waste in San Diego County. These include the follc attachments: 1. Ordinance No. 7556, "An Ordinance amending the San I County Code of Regulatory Ordinances relating tc Regulation of the Storage and Disposal of Medical Wa 2. Ordinance No. 7617, "An Ordinance to amend Sec 65.107 of the County Code Regulating Ordinances re1 to Health and Sanitation and Land Use Fees." 3. Draft Biomedical Waste Management Plan that wou: required for all medical waste generators. 4. San Diego County Board of Supervisors Board ac relating to medical waste. The Ad Hoc Medical Waste Review Committee membersh: meeting minutes. 5. CITY ACTIONS We are requesting that the Cities within San Diego County ta following actions:: 0 @ Raymond R, Patchett -3- May 4, 1989 1. Review and adopt Ordinance No. 7556 "An Ordina amending the San Diego County Code of Regulat Ordinances relating to the Regulation of the Storage Disposal of Medical Waste", as amended. 2. Review Ordinance No. 7617 which has been amended create a fee for medical waste program activities take appropriate action to implement the new medi waste fee. If you have any questions regarding this information or if we c( be of assistance to 'you in your City adoptions process, please ( Dan Avera or LeAnn Williams at 338-2222. Sincerely , cT-'j' /? "7 kAG7 -7+ GARY R. STXPflANY, Deputy Director Environmental Health Services GRS/ lms Attachment cc: Dan Avera, Chief, HMMD John Misleh, HMMD LeAnn Williams, HMMD EXHIBIT 2 . ._ ... ..- 0 0 / * .- 4,’ / ,/’ .. J ’. ./ ..I B . 7- % Sc-~cj,\x GoLbrsc; . e$- CHAIRMAN LC. SAN OIEW C0~~l-f SOAP0 OF SUPERVISOR^ “&e ‘*‘ 0 March 16, 1989 -~ The H cnorable Claude “Bud“ Lewis Mayor, City of Carisbad 1200 E!m Avenue Carlsbad, Califcrnia 92008 Dear Bud: Cn March 14, 1989 the Courity Board of Supervisors unani‘mously passed a final ordinanl better regulate medical waste. I,urge you to pass a similar ordinance in the City of Carl as soon as possible. ’, . When I became aware of the number of findings of medical waste along our beaches, I fel immediate action was necessary to protect the pgiblic health and the environment November, I introduced an emergency ordinance and asked that an ad hoc committee r the ordinancz to inc!ude recommendations of experts in the field. I brought togeth professionals representing local government jurisdictions, the biomedical industry, public t organizations, environmentalists and the medical community. The ordinance before the Eoard on March 14th incorporated their unan recommendations. The crdinanca: * Requires that all generators of biomedical waste submit an annual plan for storag disposal to the County’s Environmental Health Division. Site visits will be conduc?ed ever year. * E!iminates the 220 pourid exemption, thereby requiring all generators of biomedical to comply. . ._ .- .... . -- ._ . . ’ + -. . .I ? Redefines medical waste to differentiate waste that is infectious, from what is aesthi displeasing, or a safety hazard. This should facilitate prosecution of those who c improperly of their waste. COUNTY AO*IINISTRATI~N CENTER 1600 PACIFIC HIGUWAV * ROOM 335 SAM OIECO. CALIFORNIA 92101 86191 S31-S533 ' ., . e e / GGLDING - Page 2 Requires that "red bags" be used only for what is considered infec5ous waste and that th bags be labeiled with the generator's name and address to help with tracking of bags are improperly disposed. Asks that all biomedical waste be confined and contained either in a locked dump outside the facility or in a locked room inside the facility. * Imposes civil penalties not to exceed $15,0CO and estakiishes a violation as a misdeme: punishable by up to a year iln County jail and/or a $10,000 fine. The County's Environmental Health Division will be orsanizing presentations to the var medical societies and associations fcr greater public education. The cost for enforcing ordinanca and conducting educational sessions is estimated to be between $1 CO and $1 : year per generator in order for this measure to be no cost to the county. It will be a full recovery program. Because the County's jurisdidion is only the unincorporated area, it is imperative that ail c pass a simiiar ordinance immediately. Assemblywoman Mojcnnier has agreed to carry ordinanca as a biil in order to provide consistency statewide in this area. 1 have been to1 representatives of the State Department of Health that our ordinance will act as a mode the State. If you have any questions pleass call me. I have attac5ed a ccpy of our ordinance guideline. Only togerher car1 we truly help stop medical waste from reaching our beaches our neighbcrhoods. I look forward to working with you. 5 Eoard of SuFervisors SG/mz cc: Councilmembers 1 1 I 21 I 3' I ORDINANCE NO. n5-74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 6, CHAF'TER 6.02 OF THE CARLSBAD MUNICIPAL CODE BY THE ADOPTION OF SECTION 6.02.017 TO ADOPT BY REFE:RENCE THE RECENTLY ADOPTED SAN DIEGO 4 ii 51 7l 6/ 8l 9 10 11 0 l2 am yr: m ~uA w ?! l3 SaQE ow OLum 14 ooas Z>iZ 9+-a: ~u'O 0% 15 ,->ma $22 (Tu 6 l6 17 l8 l9 1 20 1 21 1 22 I 23 LL a1 wmo !2052 'Sgy >%Js 60 24 25 26 27 28 COUNTY CODE OF REGULATORY ORDINANCES FOR THE REGULATION OF THE STORAGE AND DISPOSAL OF MEDl CAL WASTES. The City Council of the City of Carlsbad, Califc ordain as foll-ows: SECTION I: That Title 6, Chapter 6.02 of the Municipal Code is amended by the addition of Section 6. read as follows: AdoDted bv reference - medical wast 6, Division 8, Chapter 12, of the San Diego Count1 Regulatory Ordinances, as adopted on March 14, 1989 relat regulation of the storage and disposal of medical wastes by reference and incorporated as part of this code, e, wherever the provisions thereof refer to a county of Board, territory, area, agency, official, employee or c it shall mean the corresponding board, territory, are? official , employee or otherwise of the City, and if ther it shall mean, that the county is acting in the same ci behalf of the City." EFFECTIVE DATE: This ordinance shall be effect days after its adoption, and the City Clerk shall cert adoption of t.his ordinance and cause it to be publishec once in the Carlsbad Journal within fifteen days adoption. 116.02.017 INTRODUCED AND FIRST READ at a regular meet Carlsbad City Council on the 6th day of June and thereafter I I1 i 1 2 3 4 5 6 7 8 9 10 11 12 om SwE m> ,3 &E& %.zag oUum 14 Z>jZ SF58 *GO& 15 gwmo :E26 16 ZOSS >2q 17 18 19 20 21 22 23 24 25 26 27 28 ow oo4.z u '41 >mu q8y c_o 0 0 * PASSED AND ADOPTED at a regular meeting o Council of the City of Carlsbad on the 27th day of 2 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamau NOES: None ABSENT : None APPROVED AS rro FORM AND LEGALITY ATTEST: Ll44zd -#?- ALETHA L. RAUTENKRANZ, City Cl*k 0 e NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, o Tuesday, June 27, 1989, at 6:OO P.M., to consider the adoption by reference of San Diego County Ordinance regulating the storage and disposal of biomedical w biohazardous waste, and medical solid waste. Copies of the proposed Ordinance and County Regulations are on file in the Cit Office, 1200 Elm Avenue, Carlsbad, California, and are open to public inspecti If you challenge the adoptiton by reference of the county regulations regarding storage and disposal of medical waste in court, you may be limited to raising those issues you or someone else raised at the public hearing described in thi or in written correspondence delivered to the City of Carlsbad City Clerk's Of at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH : June 16, 1989 CARLSBAD CITY COUNCIL