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s 65511. Inspection.
(a) The swimming pool owner, or his designated agent, shall notify the enforcing agent at least two working days before guniting or constructing the pool shell to allow inspection and approval by the enforcing agent. Following pool construction, the enforcing agent shall again be notified at least two days in advance of placing the pool in operation to allow for final inspection and approval.
(b) No pool shall be placed in use without the written approval of the enforcing agent.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.1 and 24104, Health and Safety Code.
s 65521. Pool Supervision Responsibility.
(a) Every pool shall be under the supervision of a person who is fully capable of, and shall assume responsibility for, compliance with all requirements relating to pool operation, maintenance and safety of bathers.
(b) No pools shall be used or available for use unless all of the requirements of subsection (a) and the following are complied with.
(1) Routine (e.g., daily and weekly) operating procedures shall be permanently posted in a location accessible to and frequented by the operator.
(2) Manufacturers' instructions for operation and maintenance of mechanical and electrical equipment shall be kept available for the operator.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24102.2 and 24101.3, Health and Safety Code.
s 65523. Operation Records.
(a) Except as provided in Health and Safety Code, Section 24101.5, the operator of each pool open for use shall keep a daily record of information regarding operation, including readings of disinfectant residual, pH and maintenance procedures such as cleaning of filters and quantity of chemicals used.
(b) If cyanuric acid by itself or in a combined form with the disinfectant is added to a pool, the cyanuric acid concentration shall be measured a minimum of once per month and records shall be kept of the results of such testing.
(c) Data collected pursuant to subsections (a) and (b) shall be maintained at least one year for inspection by the enforcing agent, or shall be submitted to the enforcing agent upon request.
Note: Authority cited: Sections 208, 24101.5 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24101.5, Health and Safety Code.
s 65525. Recirculation and Purification System Operation.
The pumps, filters, disinfectant and chemical feeders, flow indicators, gauges and all related parts of the pool water purification system shall be kept in operation whenever the pool is available for use, and at such additional times and periods as may be necessary to maintain the water in the pool in a clear and disinfected condition. The variation in flow during a filtration cycle shall be such as to not reduce the flow below 65 percent of the rate required in Section 2-9032 of Title 24, California Administrative Code.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3 and 24102, Health and Safety Code.
s 65527. Clarity of Water.
The recirculation and purification system shall be operated and maintained so as to keep the pool water clean and clear. Under no circumstances shall the pool be used if the main drain is not clearly visible from the deck. Such a pool shall be closed and shall not be reopened until the water is clean and clear, and upon specific written approval of the enforcing agent. If the pool drain is still not visible 48 hours following inspection and closure by the enforcing agent, the enforcing agent may order the pool drained as a safety procedure.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, 24102 and 24103 and 24104, Health and Safety Code.
s 65529. Disinfection, pH Control and Cyanuric Acid
(a) Pools, when open or in use, shall be disinfected continuously by a chemical which imparts a residual effect and shall be maintained in an alkaline condition at a pH between 7.2 and 8.0.For pools using hypochlorite or gaseous chlorine without a stabilizer, a free chlorine residual of at least 1.0 ppm shall be maintained throughout the pool. If cyanuric acid or a chlorinated isocyanurate is used, a free chlorine residual of at least 1.5 ppm shall be maintained throughout the pool. The cyanuric acid concentration in any pool shall not exceed 100 ppm. Appropriate test kits for measuring the pH, concentration of the disinfectant, and, when used, concentration of cyanuric acid shall be provided at each pool. If halogens other than chlorine are used, residuals of equivalent strength shall be maintained. A test kit for measuring the concentration of the disinfectant accurate to within 0.1 ppm shall be available at each pool.
(b) When test kits for chlorine utilize comparative color standards, the standards shall be accurate to within plus or minus 0.1 ppm. There shall be at least four color standards as follows: 0.6, 1.0, 1.5 and 2.0. The test kit shall be capable of testing for free chlorine residual.
(c) The enforcing agent may accept other disinfecting materials or methods after they have been demonstrated to provide a readily measurable residual. Such materials or methods must not be dangerous to public health or create objectionable physiological effects.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code.
s 65531. Bacteriological and Chemical Quality of Pool Water.
(a) Bacteriological quality of water in the pool shall be such that not more than two consecutive samples, taken when the pool is in use, shall:
(1) Contain more than 200 bacteria per milliliter, as determined by the standard (35 degrees C.) plate count; or
(2) Contain a total coliform organism MPN (most probable number) count of 2.2 or greater per 100 milliliters of sample.
(b) Chemical quality of water in the pool shall not cause irritation of eyes or skin of the bathers, or have other objectionable physiological effects on bathers.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code.
s 65533. Cleanliness of Pool.
(a) Floating scum, sputum or debris shall not be allowed to accumulate in the pool. Skimmers, where provided, and water levels shall be maintained and operated to remove such material continuously. The bottom and sides of the pool shall be cleaned as often as necessary to be kept in a clean condition. The sides and bottom of pools, decks, and other surfaces shall be kept free of slime and algae.
(b) Animals shall not be permitted in the pool or pool area.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code.
s 65535. Cleaning and Maintenance.
(a) All parts of the pool and related pool facilities and equipment shall be maintained in good repair. Floors shall be kept free from cracks and other defects and in compliance with Section 2-9021, Title 24, California Administrative Code. Walls, ceilings, partitions, doors, lockers and similar surfaces and equipment shall be refinished in a manner acceptable to the enforcing agent as often as necessary to be kept in a state of good repair.
(b) Hoses shall be provided for regular flushing and cleaning. The whole pool area shall be kept clean, sanitary and free of litter and vermin.
(c) Toilets, urinals, showers, wash basins and other plumbing fixtures shall be maintained in a clean condition, and in good repair.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code.
s 65537. Bathing Suits, Caps and Towels.
Bathing suits and towels furnished by the management shall be laundered and clean, and caps shall be sanitized after each usage.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code.
s 65539. Lifesaving, First Aid and Control of Bathers.
(a) Lifeguard services shall be provided in accordance with Sections 24100.1 and 24101.4 of the Health and Safety Code.
(b) Where lifeguard service is provided, the number of lifeguards shall be adequate to maintain continuous surveillance over the bathers.
(c) Where no lifeguard service is provided, a warning sign shall be placed in plain view and shall state "Warning -No Lifeguard on Duty" with clearly legible letters at least 10.2 centimeters (4 inches) high. In addition, the sign shall also state "Children Under the Age of 14 Should Not Use Pool Without an Adult in Attendance."
(d) The enforcing agent may require posting of notices directing the bathers to make use of the toilets and showers before entering the pool. At all pools, diagrammatic illustrations of artificial respiration procedures shall be posted where clearly visible from the nearby deck. Such illustrations shall be protected against the elements. Also, the telephone number of the nearest ambulance, fire and police or sheriff's department shall be kept similarly posted along with instructions that, if needed, manual or mouth-to-mouth artificial respiration should be started immediately and continued until a physician arrives or mechanical resuscitators are applied.
(e) Every swimming pool shall be equipped for safety and rescue procedures with one or more rescue poles not less than 3.5 meters (12 feet) in length with body hooks, and one or more life rings having a minimum exterior diameter of 43 centimeters (17 inches) readily accessible for use. Such life rings shall have attached to them an 0.476 centimeter (3/16-inch) line long enough to span the maximum width of the pool. The line shall be stored when not in use in such a way as to prevent kinking or fouling. When rescue can be effected from the perimeter of a spa pool, such a pool may be exempt from the requirements of this paragraph if so approved by the enforcing agent.
(f) When, in the opinion of the enforcing agent, any pool is of such size that unaided swimmings by lifeguards may not offer sufficient protection to swimmers, one or more square-sterned boats equipped with oars, oarlocks and life rings, or paddle boats, as the enforcing agent shall order, shall be provided.
(g) A first aid kit shall be provided at all swimming pools when required by the enforcing agent.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24102, Health and Safety Code.
s 65541. Health of Employees and Patrons.
(a) No person having a communicable disease shall be employed at a public swimming pool.
(b) All patrons known to be, or suspected by the enforcing agent or the management of being afflicted with an infectious disease, suffering from a cough, cold or sores, or wearing bands or bandages shall be excluded from all public bathing places unless at least one of the following conditions is met:
(1) The patron submits a current written statement, signed by a licensed physician, confirming that the patron does not present a health hazard to other pool users.
(2) Pool use by patron is approved by the enforcing agent.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24102, Health and Safety Code.
s 65543. Wading Pool -Water Clarity.
The water of every wading pool shall be kept sufficiently clear so that the bottom of the wading pool will be visible at all times.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code.
s 65545. Pool Closure.
(a) If, in the opinion of the enforcing agent, a pool is maintained or operated in a manner which creates an unhealthful, unsafe, or unsanitary condition, the pool may be closed by the enforcing agent. Such a pool shall not be reopened until correction is made, and upon specific written approval of the enforcing agent.
(b) Unhealthful, unsafe or unsanitary conditions include, but are not limited to, the failure to meet clarity, disinfection, pH, safety or bacteriological standards.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24104, Health and Safety Code.
s 65547. Compressed Chlorine Gas.
(a) When compressed chlorine gas is employed, the following requirements shall be met:
(1) A solution of commercial strength ammonia shall be kept available for use in testing for chlorine gas leaks.
(2) A gas mask designed for use in a chlorine atmosphere shall be provided unless a self-contained breathing apparatus meeting the requirements of paragraph (a) (3) is provided. Gas masks shall be of a type approved by the U.S. Bureau of Mines and/or the National Institute for Occupational Safety and Health. The following requirements for gas mask canisters shall be met:
(A) A replacement canister shall be provided and kept serviceable. Any canister which has been utilized during chlorine leakage shall be discarded and a replacement canister provided.
(B) The date of attaching a canister to the mask breathing tube shall be recorded on the canister. The canister shall be discarded one year from the date of attachment, or sooner if the canister is expended as shown by the indicator color change.
(C) Date stamped expired canisters shall be replaced with unexpired, unused canisters.
(3) A self-containing breathing apparatus may be used in place of a gas mask only if all pool attendants and lifeguards who may be responsible for the health and safety of pool users have received formal training in the use of the equipment. Following initial formal training, responsible pool attendants and lifeguards shall receive refresher training at least once every six months if working at pools which are open year-round. For pools open on a seasonal basis, all returning responsible personnel shall receive retraining on the use of the equipment before the pool is opened for the season. The self-contained breathing apparatus provided shall comply with the provisions of Section 5144 of Title 8, California Administrative Code, and the following:
(A) Only parts approved for the specific respiratory system shall be used for replacement.
(B) The respirator equipment shall be kept at a readily accessible point outside the room in which the chlorinator is maintained.
(4) All swimming pools with gas type automatic chlorinators shall post in a conspicuous location near the entrance to the pool an emergency pool evacuation procedure.
(A) Emergency exit doors or gates shall not be locked when the pool is open for use. Keys to such doors and gates shall be readily available to pool attendants and lifeguards.
(B) Pool attendants and lifeguards shall receive training in the application of effective pool emergency procedures. Such training shall be reviewed at least once every six months for pools open year-round. For pools open on a seasonal basis, training in emergency procedures shall be be conducted before the pool is opened for the season.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24102, Health and Safety Code.
s 65549. Replacement of Equipment or Appurtenances.
When fixed or installed equipment or appurtenances are changed or replaced, the change or replacement units shall meet applicable requirements of this Chapter subject to the provisions of Section 24102 of the Health and Safety Code, and shall first be cleared with the enforcing agent before substitution if not an exact duplicate of the units being changed or replaced.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.1, 24101.3 and 24102, Health and Safety Code.
s 65551. Shower, Toilet and Dressing Facilities.
(a) For shower, toilet and dressing facilities, the walls, partitions, doors, lockers and similar surfaces which require periodic cleaning shall be maintained smooth and finished so as to facilitate cleaning.
(b) Showers shall be provided with soap in soap dispensers or containers.
(c) For toilet facilities, handwashing detergent or soap, sanitary towels or hot air blowers, and toilet tissues shall be provided in permanently installed dispensing devices.
Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Section 24101.3, Health and Safety Code.
s 65600. Onsite.
(a) "Onsite" means a medical waste treatment facility on the same or adjacent property as the generator of the medical waste being treated.
(b) "Adjacent," for purposes of subdivision (a), means real property within 400 yards from the property boundary of the existing onsite medical waste treatment facility.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25025.8, 25040.(d) and 25050.(d), Health and Safety Code.
s 65601. Offsite.
"Offsite" means any location which is not onsite.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25025.5 and 25070, Health and Safety Code.
s 65602. Transfer Station.
"Transfer station" means any offsite location where medical waste is loaded, unloaded, or stored during the normal course of transportation of the medical waste. "Transfer station" does not include common storage facilities, large quantity generators used for the purpose of consolidation, or onsite treatment facilities.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25020.8, 25027.5, 25062, 25070.2 and 25070.3, Health and Safety Code.
s 65603. Applicant.
"Applicant" means an owner, operator, or other person who applies to the enforcement agency for a permit pursuant to this chapter.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25030, 25030.1, 25030.4 and 25072, Health and Safety Code.
s 65604.
"Enforcement agency" means the Department of Health Services or the local agency administering the Medical Waste Management Act.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Section 25021.2, 25034.8 and 25040, Health and Safety Code.
s 65610. Compliance with the California Environmental Quality Act (CEQA).
(a) All medical waste treatment facility or transfer station permit applications, and applications for permit revisions, modifications, and amendments shall be accompanied by the following:
(1) Information necessary to enable the enforcement agency to comply with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000-21174). This information shall be either:
(A) A copy of any environmental impact report (EIR) or negative declaration prepared by a lead agency, evidence that a lead agency is preparing or will prepare environmental documentation, or other evidence deemed acceptable by the enforcement agency of showing compliance with the requirements of CEQA.
(B) Where the enforcement agency is required by law to be the lead agency, the applicant shall submit environmental information as set forth in the CEQA guidelines, Title 14, Division 6, Chapter 3, Sections 15000 through 15387 and Appendix H of the California Code of Regulations.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code; and Section 65940, Government Code. Reference: Sections 25071, 25072 and 25077, Health and Safety Code; Sections 21100.2 and 21151.5, Public Resources Code; and Section 65940, Government Code.
s 65611. Application Procedures.
(a) Any person proposing to operate an offsite medical waste treatment facility or transfer station shall submit an application for a medical waste treatment facility or transfer station to the Department. Any person proposing to operate an onsite medical waste treatment facility shall submit an application for an onsite medical waste treatment facility permit to the enforcement agency. Submission of an application for an offsite medical waste treatment facility permit, or a modification or renewal thereof, shall be deemed to occur on the date the application is received by the Department. Submission of an application for an onsite medical waste treatment facility permit, or a modification or renewal thereof, shall be deemed to occur on the date the application is received by the enforcement agency.
(b) An application for a medical waste treatment facility or transfer station permit, or a modification or renewal thereof, is considered complete when the applicant has fully complied with the application requirements set forth in Sections 65610, 65621, and 65625 of this chapter.
Note: Authority cited: Section 15376, Government Code; and sections 208, 25017 and 25072, Health and Safety Code. Reference: Section 15376, Government Code; and sections 25070 and 25072, Health and Safety Code.
s 65612. Determination of Completeness and Notification.
(a) Within 30 calendar days of receipt of an application for a medical waste treatment facility or transfer station permit, or a request for permit modification pursuant to Section 25078, Health and Safety Code, the enforcement agency shall inform the applicant in writing either that the application is complete and accepted for filing, or that it is deficient and identify the additional specific information necessary for the application to be complete.
(b) The date on which the application is determined complete for filing, or on which the application is determined deficient, shall be the date on which the enforcement agency's written notification to the applicant is postmarked.
Note: Authority cited: Section 15376, Government Code; and sections 208 and 25017, Health and Safety Code. Reference: Sections 15376, 65940 and 65943, Government Code; and section 25079, Health and Safety Code.
s 65613. Notice of Decision on Application.
(a) The notification of the enforcement agency's decision to grant or deny an application shall be mailed via certified mail to the applicant within 120 calendar days after the date on which the enforcement agency determines the application to be complete and accepted for filing.
(b) Within 20 days after the enforcement agency mails a notice of denial, the applicant may present a written petition for a hearing to the enforcement agency. Upon receipt of the petition, which shall clearly identify that it is an appeal, the petition shall be set for hearing.
(c) If the Department is the enforcement agency, the proceedings shall commence with the filing of a statement of issues and shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) If the Department is not the enforcement agency, the hearings shall be held in accordance with the ordinance or resolution adopting the medical waste management program.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code; section 15376, Government Code; and section 21100.2, Public Resources Code. Reference: Section 15376, Government Code; sections 25077 and 25079, Health and Safety Code; and sections 21100.2 and 21151.5, Public Resources Code.
s 65614. Application Time Periods for Processing a Permit Based on Actual Performance.
(a) The Department's time periods for processing a medical waste facility permit, from receipt of the initial application to the final decision regarding the permit or registration, are as follows:
(1) The median time for processing is:
(A) 180 calendar days for a medical waste facility permit;
(2) The minimum time for processing is:
(A) 120 calendar days for a medical waste facility permit;
(3) The maximum time for processing is:
(A) 730 calendar days for a medical waste facility permit.
Note: Authority cited: Section 15376, Government Code; and sections 208 and 25017, Health and Safety Code. Reference: Section 15376, Government Code; and section 25077, Health and Safety Code.
s 65619. Requirements for Medical Waste Facility Permit.
For a new medical waste facility, the permittee may not commence treatment or storage of medical waste; and for a facility being modified, the permittee may not treat or store medical waste in the modified portion of the facility until the permittee has submitted evidence of successful completion of a trial burn, if applicable.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25072 and 25078, Health and Safety Code.
s 65620. Scope of Permit Requirement.
(a) Permits are required for storage and treatment of medical waste. Owners and operators of medical waste treatment facilities or transfer stations shall have a valid permit to operate while the facility is in operation. The period of operation includes cleanup and removal of medical waste prior to closure of the facility. The permit shall be terminated by the enforcement agency upon closure.
(b) The following persons are not required to obtain a permit pursuant to this article:
(1) Generators who accumulate their own medical waste on site for up to 7 days above 0 degrees Centigrade, or up to 90 days at or below 0 degrees Centigrade.
(2) A person is not required to obtain a permit for those activities carried out immediately to contain or treat a spill of biohazardous or sharps waste.
(3) Registered small quantity generators providing onsite treatment for their own waste.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25040, 25040.5, 25062, 25070, 25081, 25084 and 25084.5, Health and Safety Code.
s 65621. Application for a Permit.
(a) Any person who is required to have a medical waste facility permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an original application with two copies to the enforcement agency. In order to continue operations after January 1, 1992, persons authorized to operate under an interim status infectious waste facility permit effective January 1, 1991, shall comply with the provisions of this article in submitting a medical waste treatment facility permit application. The application shall be completed by the applicant pursuant to Sections 65610 through 65612, 65622, and 65625 and must be approved by the enforcement agency prior to a permit being issued. Failure to provide the renewal information required in these sections prior to January 1, 1992, shall result in a final permit not being issued.
(b) For new onsite medical waste facilities, the application shall be filed with the enforcement agency, and written approval by the enforcement agency shall be provided before construction can commence. For all offsite medical waste facilities, the applications shall be filed with the Department and written approval by the Department shall be provided before construction can commence.
(c) Any ongoing medical waste treatment facility or transfer station with a valid permit which is about to expire shall submit a new permit application at least 90 days before the expiration date of the effective permit.
(d) When a facility is owned by one person but is operated by another person, it is the operator's duty to obtain a permit. Both the owner and operator shall sign the application.
(e) No medical waste shall be treated until the applicant has fully complied with the application requirements for that permit and the permit has been issued by the enforcement agency.
(f) Applicants shall keep records of all data used to complete the permit application, along with any supplemental information submitted, for the life of the permit.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25070, 25072, 25074, 25077 and 25097, Health and Safety Code.
s 65622. Signatories to Permit Applications and Reports.
(a) All permit applications shall be signed by both the owner and operator of the medical waste facility as follows:
(1) For a corporation: By a responsible corporate officer authorized to make management decisions which govern the operation of the regulated facility.
(2) For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or
(3) For a municipality, state, federal or other public agency: By either a principal executive officer or ranking elected official.
(b) All reports required by permits and other information requested by the enforcement agency shall be signed by a person described in subsection (a) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described in subsection (a) of this section;
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent or position of equivalent responsibility (a duly authorized person may be a named individual or any individual occupying a named position); and
(3) The written authorization is submitted to the enforcement agency.
(c) If an authorization under subsection (b) of this section isno longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (b) of this section shall be submitted to the enforcement agency prior to or together with any reports, information or applications to be signed by an authorized representative.
(d) Any person signing a document under subsection (a) or (b) of this section shall make the following certification:
"I certify under penalty of perjury that this document and all attachments have been prepared under my direction and supervision in accordance with a system to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
City: ___________________________________________________
State:___________________________________________________
Date: ___________________________________________________
Name: ___________________________________________________
(Please print)
Signature:____________________________________________ "
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25072, 25098 and 25099.1, Health and Safety Code.
s 65623. Requirements Applicable to All Permits.
(a) The permittee shall comply with all requirements of this article and any specific conditions of the permit.
(b) No permittee shall continue an activity regulated by a medical waste facility permit after the expiration date of the permit. If the permittee fails to make a timely application for renewal, the medical waste permit shall expire on the expiration date.
(c) In an enforcement action, it shall not be a defense for a permittee to state or show that reducing or ceasing of the permitted activity would have been necessary in order to maintain compliance with the requirements of this article.
(d) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the conditions of the permit.
(e) The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the specific conditions of the permit and requirements of this article. Proper operation and maintenance shall include but not be limited to effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. Backup or auxiliary facilities or similar systems shall be operated only when necessary to achieve compliance with the requirements of this article.
(f) The permittee shall furnish to the enforcement agency any relevant information which the enforcement agency may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the enforcement agency upon request copies of records required to be kept by the permit. Such information shall be furnished within 30 days or as otherwise set by the enforcement agency if a longer duration is required.
(g) The permittee shall allow an authorized representative of the enforcement agency to:
(1) Enter, at reasonable times, the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit;
(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
(3) Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and
(4) Sample or monitor, at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by law, any substances or parameters at any location.
(h) The permittee shall establish and maintain a monitoring and sampling program.
(1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit, for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the enforcement agency at any time.
(3) Records of monitoring information shall include:
(A) The date, exact place, and time of sampling or measurements;
(B) The individual(s) who performed the sampling or measurements;
(C) The date(s) analyses were performed;
(D) The individual(s) who performed the analyses;
(E) The analytical techniques or methods used; and
(F) The results of such analyses.
(i) All applications, reports, or information submitted to the enforcement agency shall be signed and certified (see Section 65622).
(j) The permittee shall meet all reporting requirements as required below:
(1) The permittee shall give notice to the enforcement agency as soon as possible and at least 30 days in advance of any planned physical alterations or additions to the permitted facility.
(2) Reports of compliance or noncompliance with, or any progress reports on, interim and final conditions contained in any compliance schedule of the permittee's permit shall be submitted no later than 14 days following each scheduled date.
(3) The permittee shall report any noncompliance with the Medical Waste Management Act (Health and Safety Code, Sections 25015 et seq.) or this chapter which may endanger health, safety, or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written report shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written report shall contain a description of the noncompliance as specified above, and its cause; the period of noncompliance, including exact starting and ending dates and time frames, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence.
(4) The permittee shall report all instances of noncompliance with permit conditions not reported under subsections (1), (2), and (3) of this Section, at the time the monitoring reports are submitted. The reports shall contain the information listed in subsections (1) and (3) of this section.
(5) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the enforcement agency, it shall promptly submit the relevant facts or correct information.
(k) For a new medical waste facility, the permittee may not commence treatment or storage of medical waste; and for a facility being modified, the permittee may not treat or store medical waste in the modified portion of the facility until:
(1) The permittee has submitted to the enforcement agency, by certified mail or hand delivery, a letter signed by the permittee and a professional engineer, registered in California, stating that the facility has been constructed or modified in compliance with the permit; and
(2) The enforcement agency has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit;
(l) The following shall be included as information which shall be reported orally within 24 hours under subsection (j)(3) of this section:
(1) Information concerning release of any medical waste that may endanger the public health;
(2) Any information of a release or discharge of medical waste from or of a fire or explosion at a medical waste facility which could threaten the environment or human health outside the facility. The description of the occurrence and its cause shall include:
(A) Name, address, and telephone number of the owner or operator;
(B) Name, address, and telephone number of the facility;
(C) Date, time, and type of incident;
(D) Name and quantity of material(s) involved;
(E) The extent of injuries, if any;
(F) An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and
(G) Estimated quantity and disposition of recovered material that resulted from the incident.
(m) The permittee shall attempt to reconcile any significant discrepancy in a tracking document. The permittee shall also report any medical waste received without a tracking document. In either case, the discrepancy with or without a tracking document shall be reported to the enforcement agency within 15 days.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25040.5, 25050, 25062, 25063, 25064, 25070, 25071, 25072, 25072.5, 25074 and 25075, Health and Safety Code.
s 65624. Duration of Permits.
The term of a medical waste facility permit shall not exceed 5 years.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25049, 25050, 25059 and 25074, Health and Safety Code.
s 65625. Contents of a Medical Waste Treatment Facility Permit Application.
(a) The application shall include the following information:
(1) The name, business address, and telephone number of the owner and operator of the facility. Include ownership status as federal, state, local government or other public or private entity.
(2) The name, mailing address, and location of the facility for which the application is submitted.
(3) A description of the nature of the business and activities which require it to have a permit.
(4) An indication of whether the facility is new or existing and whether it is a first or revised application.
(5) A description of the process to be used for treating, storing, and disposing of medical waste (i.e. incinerator, autoclave, or other approved treatment technology as specified in Section 25090(d) Health and Safety Code).
(6) A description of the treatment and/or storage capacity of the facility, an estimate of the average monthly quantity of the waste to be treated and/or stored, and a general description of the process to be used for disposal of treated wastes.
(7) A scale drawing and general description of the facility showing location of all treatment and storage areas.
(8) A map extending one mile beyond the property boundary of the facility identifying access roads and the type of development in the area (i.e., residential, commercial, recreational, schools, etc.).
(9) A disclosure statement, as required in Section 25072 of the Health and Safety Code.
(10) A description of the security procedures required pursuant to Section 25086 of the Health and Safety Code.
(11) A copy of the general operation plan including a schedule for inspection and calibration of monitoring equipment, a description of disinfection procedures, location and type of safety and emergency equipment, location and type of security devices, and operating and structural equipment that are important in preventing or responding to medical-waste related environmental or human health hazards.
(12) A copy of the emergency action plan addressing equipment breakdowns, natural disasters, or other occurrences as required in Section 25092, Health and Safety Code.
(13) An outline of both the introductory and continuing training programs which will be provided by owners or operators to prepare employees to operate or maintain the medical waste treatment facility in a safe manner. A brief description of how training will be designed to meet actual job tasks.
(14) A copy of the closure plan including a written estimate of the cost of closing a facility. The estimate shall equal the cost of closure at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. The owner shall revise the closure cost estimate whenever a change in the closure plan increases the cost of closure.
(15) A description of the compliance history of the applicant under any local, state, or federal law or regulation governing the control of medical waste or pollution including, but not limited to, the Clean Air Act. Such description shall include all violations as specified in Section 25072.5 of the Health and Safety Code which have occurred at this or any other facility permitted and owned or operated by the applicant in the State for the three years prior to the date of this application.
(16) A schedule for the installation of monitoring equipment and a written statement of operating procedures covering the proper use, maintenance, and testing of such equipment.
(17) A monitoring schedule, including type of monitoring, intervals and frequency of monitoring sufficient to yield data which are representative of the monitored activity, including, when appropriate, continuous monitoring.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25071, 25072, 25072.5, 25073, 25090 and 25092, Health and Safety Code.
s 65628. Application Fees.
(a) Each person submitting an offsite treatment facility permit application will be charged a processing fee of one hundred dollars ($100) per hour up to a maximum of fifty thousand dollars ($50,000). The processing fee is to cover costs for technology evaluation, construction inspections, and review of records relative to monitoring procedures and operation. The fee will be billed as follows:
(1) An initial deposit of twenty-five thousand dollars ($25,000) with the application.
(2) When the costs for processing the application reach 75 percent of the initial deposit, a second deposit amounting to one-half of the initial deposit shall be paid, and if processing costs exceed 75 percent of the second deposit, the remaining twelve thousand, five hundred dollars ($12,500) shall be charged.
(3) For subsequent deposits, after the first deposit, the Department shall give 30 days notice by registered mail of the further amount of fee due. If this amount is not received by the Department within the stated 30-day period, the application shall be denied, and there shall be no refund to the applicant.
Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25036, 25079, 25079.1, 25079.2 and 25079.3(b), Health and Safety Code.
s 65700. Certified Playground Safety Inspector.
"Certified Playground Safety Inspector" means an individual who has completed program requirements as a Certified Playground Safety Inspector as specified in Section 65750.
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Section 115725, Health and Safety Code.
s 65700.2. Children.
"Children" means individuals who are two years of age through twelve years of age.
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Section 115725, Health and Safety Code.
s 65700.6. Operator.
"Operator" means any entity which operates a playground open to the public, including a church, subdivision, hotel, motel, resort, camp, office, hospital, shopping center, child care setting, and restaurant and any public agency, state agency, city, county, city and county, school district, and any other district.
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code.
s 65700.8. Playground.
"Playground" means an improved outdoor area designed, equipped, and set aside for children's play that is not intended for use as an athletic playing field or athletic court, and shall include all playground equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures.
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code.
s 65700.10. Playground Equipment.
"Playground Equipment" means a fabricated structure intended primarily for play by children located at a playground which has at least one surface designated and intended for play by children and which is anchored to or built into the ground and not intended to be moved.
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Section 115725, Health and Safety Code.
s 65700.12. Supervisor.
"Supervisor" means an individual who has been hired or appointed by the operator, on a paid or volunteer basis, and trained by the operator to oversee the use of the playground, report hazards or injuries, and administer first aid in the case of injury.
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code.
s 65710. Operator Requirements.
(a) Operators shall comply with the sections of the Handbook for Public Playground Safety (CPSC Handbook), Publication Number 325, U.S. Consumer Product Safety Commission November 1997, Date Code: 009711, (available from the Office of Information and Public Affairs, U.S. Consumer Product Safety Commission, Washington, D.C. 20207), and the sections of the Standard Consumer Safety Performance Specification for Playground Equipment for Public Use (ASTM Standard), Designation: F 1487 - 98, American Society for Testing and Materials, 1998 (available from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428), that relate to the design, installation, inspection, and maintenance of a playground and playground equipment, which are identified in this chapter and are hereby incorporated by reference.
(b) Wherever the sections of the CPSC Handbook identified in this chapter make recommendations, they shall be understood as mandatory requirements for purposes of this chapter; for instance, wherever those sections use the term "should," it shall be understood as the term "shall"; wherever those sections use the term "recommend," it shall be understood as the term "require"; wherever those sections use the term "recommendation," it shall be understood as the term "requirement"; wherever those sections use the phrase "it is recommended," it shall be understood as the phrase "it is required"; wherever those sections use the phrase "it is not recommended," it shall be understood as the phrase "it is prohibited."
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code.
s 65715. Initial Inspection.
Operators shall have an initial inspection of their playgrounds by a Certified Playground Safety Inspector by October 1, 2000. Based on the initial inspection, operators shall implement any changes in the design, installation, inspection, maintenance and supervision of their playgrounds that are identified as necessary to comply with the requirements established in this chapter. Operators shall upgrade their playgrounds by replacement or improvement to the extent required by Section 115730 of the Health and Safety Code.
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725, 115730 and 115735, Health and Safety Code.
s 65720. Design.
Operators shall design or redesign playgrounds, locate or relocate playground equipment and routes of access to and from playgrounds, andsurface or resurface portions of playgrounds to comply with the following requirements: (continued)