Section 117924 Of Chapter 4. Small Quantity Generator Requirements From California Health And Safety Code >> Division 104. >> Part 14. >> Chapter 4.
117924
. (a) When the department is the enforcement agency, the
department shall impose and cause the collection of an annual medical
waste generator fee in an amount not to exceed twenty-five dollars
($25) on small quantity generators of medical waste, except for those
small quantity generators that are required to register pursuant to
Section 117925 and those generators generating only pharmaceutical
waste as defined in paragraph (3) of subdivision (b) of Section
117690. Nothing in this part shall prevent the department from
contracting with entities other than the department for these fee
collection activities or from entering into agreements with medical
waste transporters for the collection of these fees, if the
department determines that such a fee collection arrangement would be
cost effective.
(b) If the department determines to enter into a contract with a
medical waste transporter for the collection of the fees, the
department shall do all of the following:
(1) Establish that not more than 7.5 percent of the fees collected
may be recovered by the medical waste transporter as administrative
costs for the collection of those fees.
(2) Establish that the administrative costs for the collection of
the fees shall be the same for all medical waste transporters.
(3) Prohibit any medical waste transporter from waiving the
generator fee without the written approval of the department and only
if the medical waste generator has made a written request for the
waiver.
(4) Require the medical waste transporter to report the fees
collected pursuant to subdivision (a) to the department.
(5) Prohibit the medical waste transporter from assuming the role
of the department as an enforcement agent for purposes of collecting
the medical waste generator fees.
(6) Require medical waste transporters to include the following
language in at least 12-point type on their invoices to medical waste
generators:
"Pursuant to Section 117924 of the California Health and Safety
Code, the State Department of Public Health has contracted with us to
collect your annual medical waste generator fee. The department may
offset our costs of collection and administration in an amount that
may not exceed 7.5 percent of the fee collected. We may not waive the
fee without written approval of the department, and only if you have
made a written request for the waiver."
(7) Ensure that generators subject to this section are required to
pay the fee only once per year.