Section 118340 Of Chapter 10. Enforcement From California Health And Safety Code >> Division 104. >> Part 14. >> Chapter 10.
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. (a) No person shall, transport, store, treat, dispose, or
cause the treatment or disposal of medical waste in a manner not
authorized by his or her permit or registration, this part, or the
regulations adopted pursuant to this part.
(b) Any person who stores, treats, disposes, or causes the
treatment or disposal of medical waste in violation of this part or
the regulations adopted pursuant to this part is guilty of a public
offense as follows:
(1) For a small quantity generator, a first offense is an
infraction and is punishable by a fine of not more than one thousand
dollars ($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 two
thousand dollars ($2,000), or by up to one year in county jail, or by
both the fine and imprisonment.
(c) A person who is convicted of a second or subsequent violation
of subdivision (a) within three years of the prior conviction shall
be punished by imprisonment in a county jail for not more than one
year, or by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for one, two, or three years, or by a fine of not
less than five thousand dollars ($5,000), or more than twenty-five
thousand dollars ($25,000), or by both that fine and imprisonment.
This section 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 that
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.
(d) Any person who knowingly treats or disposes, or causes the
treatment or disposal of, medical waste in violation of this part
shall be punished by imprisonment in a county jail for not more than
one year, or by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for one, two, or three years, or by a fine of
not less than five thousand dollars ($5,000), or more than
twenty-five thousand dollars ($25,000), or by both that fine and
imprisonment.
(e) This section does not apply to a person transporting medical
waste who is required to be a registered hazardous waste transporter.
Those persons are subject to penalties for violations pursuant to
Article 8 (commencing with Section 25180) of Chapter 6.5 of Division
20.