Cal. Health and Safety Code - HSC § 117800. Section 117800.
A local agency may implement a medical waste management program by the adoption of an ordinance or resolution by the local governing body, in accordance with this part.
CHAPTER 3. Powers and Duties [117800. - 117910.]
Cal. Health and Safety Code - HSC 3.
in effectCal. Health and Safety Code - HSC § 117805. Section 117805.
A local agency that elects to implement a medical waste management program shall notify the department of its intent to do so.
Cal. Health and Safety Code - HSC § 117810. Section 117810.
(a)
If a local agency does not elect to implement a medical waste management program, the local agency may elect to contract with another local agency to implement a medical waste management program or to implement it at a later date.
This election shall be made by the local governing body, that shall take effect 90 days after a notice of election is filed with the department.
(b)
A local agency that elects to implement a medical
waste management program shall continue to implement that program until the local governing body terminates the election by resolution or ordinance or the department revokes the authority of the local agency to administer a medical waste management program. The local agency shall file the notice of termination with the department at least 180 days prior to the termination date.
Cal. Health and Safety Code - HSC § 117815. Section 117815.
Any local agency that has elected to implement a medical waste management program shall maintain a program that is consistent with Section 117820 and the regulations adopted pursuant to that section. With the approval of the department, the local agency may administer or enforce this part with respect to any person.
Cal. Health and Safety Code - HSC § 117820. Section 117820.
A medical waste management program shall include, but not be limited to, all of the following:
(a)
Issuing medical waste registrations and permits pursuant to the Medical Waste Management Act.
(b)
Processing and reviewing the medical waste management plans and inspecting onsite treatment facilities in accordance with Chapter 4 (commencing with Section 117925) for all small quantity medical waste generators required to be registered.
(c)
Conducting an evaluation, inspection, or records review for all facilities or persons issued a large quantity medical waste registration
pursuant to Chapter 5 (commencing with Section 117950) or issued a permit for an onsite medical waste treatment facility pursuant to Chapter 7 (commencing with Section 118130).
(d)
Inspecting medical waste generators in response to complaints or emergency incidents, or as part of an investigation or evaluation of the implementation of the medical waste management plan.
(e)
Inspecting medical waste treatment facilities in response to a complaint or as part of an investigation or emergency incident.
(f)
Taking enforcement action for the suspension or revocation of medical waste permits issued by the local agency pursuant to this part.
(g)
Referring or initiating proceedings for civil or criminal prosecution of violations specified in Chapter 10
(commencing with Section 118335).
(h)
Reporting in a manner determined by the department so that the statewide effectiveness of the program can be determined.
Cal. Health and Safety Code - HSC § 117825. Section 117825.
Each local enforcement agency that elects to implement the medical waste management program may prescribe, by resolution or ordinance, the registration and permit fees necessary to pay its reasonable expenses to administer the program.
Cal. Health and Safety Code - HSC § 117830. Section 117830.
(a)
A local agency electing to implement a medical waste management program is the enforcement agency for the jurisdiction where it is located and so designated by the department.
(b)
In any local jurisdiction where the local agency does not elect to implement a medical waste management program, the department is the enforcement agency.
(c)
Nothing in this chapter shall prevent a district attorney, city
attorney, or city prosecutor from bringing any enforcement action for violation of this chapter.
Cal. Health and Safety Code - HSC § 117835. Section 117835.
The department shall establish and maintain a database of persons registered as small quantity generators and as large quantity generators for whom the department is the enforcement agency under Chapter 4 (commencing with Section 117925) and Chapter 5 (commencing with Section 117950).
Cal. Health and Safety Code - HSC § 117840. Section 117840.
It is the intent of the Legislature that the program carried out pursuant to this part be fully supported from the fees received pursuant to this part.
Cal. Health and Safety Code - HSC § 117845. Section 117845.
The department shall implement this part so as to maximize the funds that may be received from the federal government.
Cal. Health and Safety Code - HSC § 117850. Section 117850.
Information may be shared between the department and the Environmental Protection Agency.
Cal. Health and Safety Code - HSC § 117855. Section 117855.
If the department finds that a local enforcement agency is not consistently fulfilling its responsibilities, the department shall notify the agency of the particular reasons for finding that the agency is not fulfilling its responsibilities and of the department’s intention to withdraw its designation if, within a time to be specified in that notification, but in no event less than 30 days, the agency does not take the corrective action specified by the department.
Cal. Health and Safety Code - HSC § 117860. Section 117860.
If the department withdraws its designation of a local enforcement agency, the department shall become the enforcement agency within the jurisdiction of the local enforcement agency.
Cal. Health and Safety Code - HSC § 117870. Section 117870.
If the department identifies significant violations of minimum requirements that were not identified and resolved through previous inspections by the local enforcement agency, the department shall do all of the following:
(a)
Conduct a performance review of the agency within 120 days.
(b)
Prepare a written performance report within 60 days of the review.
(c)
Require
the submission of a plan of correction by the agency within 90 days of receiving the report.
Cal. Health and Safety Code - HSC § 117875. Section 117875.
The department shall withdraw a local enforcement agency’s designation pursuant to Section 117860 if it determines that the enforcement agency has failed to submit an adequate plan of correction or has failed to implement the plan.
Cal. Health and Safety Code - HSC § 117880. Section 117880.
If the department becomes the enforcement agency, it may charge the fees specified in this part.
Cal. Health and Safety Code - HSC § 117885. Section 117885.
(a)
There is in the State Treasury the Medical Waste Management Fund, that shall be administered by the director. Money deposited in the fund shall be available to the department, upon appropriation by the Legislature, for the purposes of this part.
(b)
In addition to any other funds transferred by the Legislature to the Medical Waste Management Fund, the following shall be deposited in the fund:
(1)
Fees, penalties, interest earned, and fines collected by, or on behalf of, the department pursuant to this part.
(2)
Funds granted by the federal government
for purposes of carrying out this part.
Cal. Health and Safety Code - HSC § 117890. Section 117890.
(a)
No large quantity generator shall generate medical waste unless the large quantity generator is registered with the enforcement agency pursuant to this part.
(b)
Registration pursuant to this part shall also allow the large quantity generator to generate medical waste at temporary events, including, but not limited to, health fairs, vaccination clinics, and veteran stand downs, without further registration or permitting required. The large quantity generator shall notify the local enforcement agency of their intended participation in a temporary event at least 72 hours before the event, unless the sponsor of the temporary event previously notified the local enforcement agency of
the event.
Cal. Health and Safety Code - HSC § 117895. Section 117895.
Registration pursuant to this part shall allow a small quantity generator to generate medical waste at temporary events, including, but not limited to, health fairs, vaccination clinics, and veteran stand downs, without further registration or permitting required. The small quantity generator shall notify the local enforcement agency of their intended participation in a temporary event at least 72 hours before the event, unless the sponsor of the temporary event previously notified the local enforcement agency of the event.
Cal. Health and Safety Code - HSC § 117900. Section 117900.
No person shall haul medical waste unless the person is one of the following:
(a)
A registered hazardous waste hauler pursuant to the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20.
(b)
A mail-back system approved by the United States Postal Service.
(c)
A common carrier allowed to haul pharmaceutical waste pursuant to Section 118029 or 118032.
(d)
A small quantity generator or a large quantity generator transporting limited quantities of medical waste with an exemption granted
pursuant to either Section 117946 or Section 117976, respectively.
(e)
A registered trauma scene waste practitioner hauling trauma scene waste pursuant to Section 118321.5.
Cal. Health and Safety Code - HSC § 117903. Section 117903.
No person shall treat medical waste unless the person is permitted by the enforcement agency as required by this part or unless the treatment is performed by a medical waste generator and is a treatment method approved pursuant to Chapter 8 (commencing with Section 118215).
Cal. Health and Safety Code - HSC § 117904. Section 117904.
(a)
In addition to the consolidation points authorized pursuant to Section 118147, the enforcement agency may approve a location as a point of consolidation for the collection of home-generated sharps waste, which, after collection, shall be transported and treated as medical waste.
(b)
A consolidation location approved pursuant to this section shall be known as a “home-generated sharps consolidation point.”
(c)
A home-generated sharps consolidation point is not subject to the requirements of Chapter 9 (commencing with Section 118275), to the permit or registration requirements of this part, or to any permit or registration fees, with regard to the activity
of consolidating home-generated sharps waste pursuant to this section.
(d)
A home-generated sharps consolidation point shall comply with all of the following requirements:
(1)
All sharps waste shall be placed in sharps containers.
(2)
Sharps containers ready for disposal shall not be held for more than seven days without the written approval of the enforcement agency.
(e)
An operator of a home-generated sharps consolidation point approved pursuant to this section shall not be considered the generator of that waste, but shall be listed on the tracking documents in compliance with the United States Postal Service requirements for waste shipped through mail back and on the tracking documents as required by the department.
(f)
The medical waste treatment facility which treats the sharps waste subject to this section shall maintain the tracking document required by Sections 118040 and 118165 with regard to that sharps waste.
Cal. Health and Safety Code - HSC § 117905. Section 117905.
The department is the enforcement agency for offsite treatment facilities.
Cal. Health and Safety Code - HSC § 117908. Section 117908.
The accumulated medical waste of more than one medical waste generator shall not be stored in a common storage facility unless that facility is registered with the enforcement agency.
Cal. Health and Safety Code - HSC § 117910. Section 117910.
The department shall provide ongoing technical assistance and guidance to local enforcement agencies to assist them in their decisionmaking processes. This assistance shall include, but is not limited to, providing all of the following:
(a)
Technical studies and reports.
(b)
Copies of innovative facility operation plans.
(c)
Investigative findings and analysis of
new waste management practices and procedures.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026