§ 1512.

ENFORCEMENT

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).

History

(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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