§ 18973.3. Stewardship Plan for Home--Generated Sharps Waste.
14 CA ADC § 18973.3Barclays Official California Code of Regulations
14 CCR § 18973.3
§ 18973.3. Stewardship Plan for Home--Generated Sharps Waste.
Within six months of the adoption date of the regulations in this Article by the department, a program operator shall submit a stewardship plan to the department. To be complete, a stewardship plan for home-generated sharps waste shall include the following:
(1) Agency determinations pursuant to 42032.2(d)(1)(B) of the Public Resources Code. If a determination of noncompliance was initially issued, the stewardship plan shall include both the initial determination of noncompliance and the superseding determination of compliance. If any state agency failed to respond to a request for review within 90 days of receipt of the stewardship plan, the program operator shall include documentation of this request along with a written certification, signed by an authorized representative of the program operator, that at the time of submission to the department, the stewardship plan is consistent with all laws and regulations relevant to that agency's authority, and the applicable agency failed to respond within 90 days of receipt of the stewardship plan.
(2) Written certification, by an authorized representative of the program operator, that, at the time of submission to the department, the stewardship plan, including all aspects of the plan related to the handling, transportation, and disposal of home-generated sharps waste is in compliance with all applicable local, state, and federal laws and regulations.
(2) How stewardship plan implementation will provide or initiate distribution of sharps waste containers and mail-back materials, which include mail-back packaging and informational material, at no cost to ultimate users at the point of sale, to the extent allowable by law. In addition, how stewardship plan implementation will meet the following requirements:
(3) Collection, Transportation, and Disposal System Records. Description of how and where the records generated during the collection, transportation, and disposal of collected home-generated sharps waste will be maintained. These records shall include, but are not limited to: collection manifests, mailer distributions, receipts of returned home-generated sharps waste return mailings, and final disposal of home-generated sharps waste, as applicable.
(A) Secure receptacle collection. If a program operator proposes to implement a receptacle-based program using authorized and approved home-generated sharps consolidation points under the Medical Waste Management Act, then the following information, as applicable, shall be included, but not be limited to:
(iv) Standard operating procedures that will address incidents related to safety and security, including processes to ensure that the department and applicable local, state, and federal agencies are notified of the incident. This description shall also explain the actions that will be taken to change policies, procedures, and tracking mechanisms to alleviate the problems with safety and security and improve safety and security.
(1) Description of the process for coordinating with local agencies, or an agent on behalf of a local agency, for the removal of home-generated sharps waste from local household hazardous waste facilities, either by reimbursement for transportation and disposal costs or removal of the home-generated sharps waste.
(2) Requests by local agencies, or an agent on behalf of a local agency, shall include an invoice and shall be submitted to the program operator, as necessary. Such requests shall comply with the requirements in subsection (1)(F)(ii) of subdivision (d) of section 42032.2 of the Public Resources Code. Program operators shall respond to requests by local agencies within 14 days of receipt of the request and identify the method to resolve the request by selecting either reimbursement or removal from household hazardous waste facility(ies).
(h) Ordinance Repeals. Pursuant to subdivision (e) of section 42032.2 of the Public Resources Code, description of processes, logistics, and timing of implementation that will be necessary for the stewardship program to expand into jurisdictions not previously included in the stewardship plan, in the event of the repeal of a local stewardship program ordinance.
(2) Materials to be utilized that are distributed in languages suited to local demographics, consistent with section 7295 of the Government Code. These materials shall include, but are not limited to, signage for hospitals, pharmacies, and other locations, as necessary. Signage or labeling for secure collection receptacles shall be designed with explanatory graphics which are readily understandable by all ultimate users.
(3) Establishment of an internet website designed with functionality for mobile platforms, provided with language options suited to local demographics, consistent with section 7295 of the Government Code, and maintained to ensure all information is up to date and accurate. The internet website's digital content and navigability must be accessible to disabled individuals. The internet website shall include, but is not limited to, the following:
(4) Establishment of a toll-free telephone number to serve as an option for ultimate users to request sharps waste containers and mail-back materials, and to obtain information about the program, including, but not limited to what is outlined in section 18973.3(i)(3)(A)-(E). The toll-free telephone number shall offer language options suited to local demographics, accept calls via human representative, and provide services for hearing-impaired and speech-impaired individuals.
(j) Coordination Efforts. Description of how the program operator will coordinate with other program operators to avoid confusion to the public and all program participants in the event that multiple stewardship programs for home-generated sharps waste are in operation concurrently or new stewardship programs begin operating.
Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42031, 42031.6, 42032, 42032.2, 42033, 42033.5, 42036.2 and 42036.4, Public Resources Code; Section 17041, California Code of Regulations; and Section 117904, Health and Safety Code.
1. New section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 5/26/23 Register 2023, No. 21.
Cal. Admin. Code tit. 14, § 18973.3, 14 CA ADC § 18973.3
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