ORDINANCE NO Adopted by the Sacramento City Council. July 13, 2010
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1 ORDINANCE NO Adopted by the Sacramento City Council July 13, 2010 AN ORDINANCE ADDING CHAPTER TO THE SACRAMENTO CITY CODE RELATING TO HOME-GENERATED SHARPS WASTE MANAGEMENT BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: Section 1 A. The City Council finds and determines: 1. Section of the California Health and Safety Code prohibits the disposal of home-generated sharps waste in trash or recycling containers and requires that sharps waste be transported to a collection center in an approved sharps container. It is necessary and desirable to establish a program to ensure the safe and environmentally sound disposal of home-generated sharps waste and to ensure that the costs associated with the handling and disposal of home-generated sharps waste are the responsibility of the retailers and providers of sharps that become home-generated sharps waste. 3. The establishment of a sharps waste management program will protect and promote the public health, safety and welfare by reducing the illegal disposal of home-generated sharps waste, increasing the safe and environmentally sound 'disposal of home-generated sharps waste, and ensuring that the costs associated with the handling and disposal of home-generated sharps waste are borne by the retailers and providers of sharps that become home-generated sharps waste. B. The purpose of this ordinance is to establish a sharps waste management program that will: (1) reduce the likelihood of the illegal disposal of home-generated sharps waste and thereby promote the safe and environmentally sound disposal of homegenerated sharps waste in compliance with Health and Safety Code Section , (2) ensure that costs associated with the proper management of home-generated sharps waste are internalized by the retailers and providers of sharps that become home-generated sharps waste at or before the point of purchase, and not at the point of discard, and (3) provide retailers and providers of sharps flexibility to partner with each other, and with those private and nonprofit business enterprises that currently provide collection and disposal services, to develop and promote safe and effective home-generated sharps waste management systems to achieve compliance with this ordinance. Ordinance July 13,
2 Section 2 Chapter is added to Title 8 of the Sacramento City Code, to read as follows: Definitions. Chapter HOME-GENERATED SHARPS WASTE MANAGEMENT As used in this chapter: "Consumer" means a person who acquires sharps for personal use, or for use on a pet. "Home-generated sharps waste" means sharps that have been used by a consumer. "Provider" means any person that sells or otherwise furnishes sharps to consumers at a medical or veterinary office, clinic or hospital located in the City. "Retail or provider establishment" means the location in the City where the retailer sells sharps or the provider sells or furnishes sharps to consumers. "Retailer" means any person that sells sharps directly to consumers at a business located in the City. "Sharps" means one or more hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications Sharps Management. A. Not later than 45 days after the effective date of the ordinance adding this chapter to this code, every retailer and every provider of sharps in the City shall establish a system for the collection of home-generated sharps waste for proper disposal during the retailer's or provider's normal hours of operation. B. Each system established by a retailer or provider for the collection and disposal of home-generated sharps waste shall include, at a minimum, the following elements: 1. A receptacle or receptacles in a convenient location within the retail or provider establishment for the collection of home-generated sharps waste that meets the requirements specified in subsection B(2) below. Any receptacle used for the collection of home-generated sharps waste shall meet applicable state and federal standards. 2. Signage prominently displayed within five (5) feet of every entrance to the retail or provider establishment and easily visible to the consumer, indicating that the Ordinance July 13,
3 retail or provider establishment collects home-generated sharps waste from consumers. 3. The retailer or provider shall dispose of all home-generated sharps waste that is collected at the retail or provider establishment in accordance with all applicable laws and regulations. C. A retailer shall at a minimum provide the following onsite collection services: 1. The collection from a consumer of home-generated sharps waste if the retailer previously sold sharps to the consumer, at no cost to the consumer. The retailer may require proof of purchase of the prior sales, and shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps previously sold to the consumer. 2. The collection of home-generated sharps waste from a consumer simultaneously purchasing sharps from the retailer, at no cost to the consumer. The retailer shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps being purchased. D. A provider shall at a minimum provide the following onsite collection services: 1. The collection from a consumer of home-generated sharps waste if the provider previously sold or otherwise furnished sharps to the consumer, at no cost to the consumer. The provider may require proof of purchase of the prior sales, or proof that sharps were provided to the consumer if provided at no cost, and shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps previously sold or provided to the consumer. 2. The collection of home-generated sharps waste from a consumer simultaneously purchasing or otherwise obtaining sharps from the provider, at no cost to the consumer. The retailer shall not be required to accept homegenerated sharps waste in an amount exceeding the amount of sharps being purchased or obtained. E. In lieu of an onsite collection system as described and required in subsections B, C, and D, a retailer or provider may satisfy the requirements of this section by providing state-approved mail-back sharps disposal containers to consumers who are purchasing or obtaining sharps from the retailer or provider Regulations. The City Manager or designee shall have the authority to establish regulations to implement the provisions of this chapter, which shall become effective and applicable to retailers and providers in the City when adopted by resolution of the City Council Enforcement. Ordinance July 13,
4 In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.28 of this code. In any such action, the City shall be entitled to recover its reasonable attorneys' fees and costs. B. Any person who violates a provision of this chapter is liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each day that the violation exists. Any civil penalties or administrative penalties collected shall be used for the City's costs of administration under this chapter and for programs for the collection and/or disposal of home-generated sharps waste. D. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. Section 3 If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, ineffective or in any manner in conflict with the laws of the United States, or the State of California, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause or phrase be declared unconstitutional, ineffective', or in any manner in conflict with the laws of the United States or the State of California. Ordinance July 13,
5 Adopted by the City of Sacramento City Council on July 13, 2010 by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Cohn, Fong, Hammond, McCarty, Pannell, Sheedy, Tretheway, Waters, and Mayor Johnson. None. None. None. Attest: hirley Codcolino, City Clerk Passed for Publication: June 22, 2010 Published: June 25, 2010 Effective: July 11, 2010 Ordinance July 13,
6 Attachment 3 SOLID WASTE ADVISORY COMMITTEE & AB 939 LOCAL TASK FORCE SACRAMENTO CITIES & COUNTY June 15, 2010 Integrated Waste Management Plan Elements Public education Source reduction Recycling Composting Transformation Materials recovery Resource recovery Marketing Storage of refuse Storage of recyclables Waste storage Waste collection Waste transfer Waste processing Waste disposal Members Sacramento County Cities;..._,..._. Citrus Heights Elk Grove Folsom Galt Isleton Rancho Cordova Sacramento Honorable Mayor and Members of the City Council City of Sacramento 915 I Street Sacramento, CA Subject: Support of Take-Back Ordinance for Sharps Sold in the City of Sacramento Dear Mayor and Members of the Council: By unanimous vote of those members present, the SWAC adopted a motion at its June 1St meeting congratulating the City for taking leadership in the region on the issue of sharps, noting that it is the first step towards more discussion of Extended Producer Responsibility, and expressing SWAC's support for passage of this ordinance. It is our understanding that the Council will consider the proposed sharps take-back ordinance in July. Exteiided Producer Resporisiliil fy means wlioever destgns produces; sells or uses a product takes responsibility for minimizing its environmental impact through all stages of the product's life cycle. And the producer, having the greatest ability to minimize impacts, has the most responsibility. The City of Sacramento can play a key role in helping to lead the transition to Producer Responsibility by helping develop private infrastructure by encouraging local businesses in take-back programs, sharing collection experience with producers and retailers, and educating consumers to use private infrastructure. The SWAC appreciates the opportunity to participate in the City's consideration of the proposed sharps take-back ordinance. If you have any questions regarding these comments, please contact Pat Quinn of SWAC staff, by phone at (916) or at quinnpa@saccounty.net. Sincerely, Steve Harriman, Chairman Sacramento Cities / County Solid Waste Advisory Committee c: SWAC Members Marty Strauss, City of Sacramento Solid Waste Division Pat Quinn, SWAC staff Mission: SWAC shall act as the AB 939 Local Task Force and advise the Sacramento Regional Solid Waste Authority, the County of Sacraniento Board of Supervisors and the city councils of the cities of Citrus Heights, Folsom, Galt, Isleton and Sacramento on all matters relating to the County of Sacramento Integrated Waste Management Plan and all its elements. Ordinance July 13,
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