§ 1509.

PERMIT REQUIREMENTS FOR ON-SITE MEDICAL WASTE TREATMENT FACILITIES

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.

History

(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)

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