California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 11 - Product Stewardship
Article 4 - Pharmaceutical and Sharps Waste Stewardship Program
Section 18973.5 - Annual Report for Home-Generated Sharps Waste

Universal Citation: 14 CA Code of Regs 18973.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

On or before March 31, 2022, and each year thereafter, a program operator shall prepare and submit an annual report to the department. To be complete, the annual report shall describe how the program operator complied with all elements of the stewardship plan during the previous reporting period of one year and shall contain the following:

(a) Contact information pursuant to section 18973.3(a) including any changes or updates to this information.

(b) Executive Summary. A concise summary of the information contained in the report that includes, but is not limited to, the highlights, outcomes and challenges, education and outreach efforts, and ways in which challenges are being addressed.

(c) Collection System. Description of the following:

(1) How ultimate users had an opportunity to dispose of their home-generated sharps waste as described in the approved stewardship plan

(2) Amount of sharps waste containers and mail-back materials distributed as required in the stewardship plan pursuant to section 18973.3(f)(6), per county, through each of the following methods:
(A) Provided at point of sale

(B) Initiated at point of sale

(C) Website requests

(D) Toll-free telephone number requests

(3) Amount of home-generated sharps waste returned through the mail-back program, as required in the stewardship plan pursuant to section 18973.3(f)(6)

(4) Supplemental collection method(s) of home-generated sharps waste that were provided in addition to, but not in lieu of, the mail-back program, pursuant to section 18973.3(f)(5). Include a list of dates and locations of take-back events that occurred pursuant to section 18973.3(f)(5)(B), if applicable

(5) If applicable, amount of home-generated sharps waste collected through supplemental collection method(s), as required in the stewardship plan pursuant to section 18973.3(f)(7)

(d) Transportation and Disposal. Descriptions of the methods used to transport and dispose of consolidated home-generated sharps waste, including the following:

(1) Mechanism(s) used to track the collection, transportation, and disposal of home-generated sharps waste

(2) Name and mailing address of each service provider used to transport or process home-generated sharps waste

(3) For each disposal facility, include the following:
(A) Name of facility

(B) Mailing and physical address

(C) Total weight of material disposed

(e) Policies and Procedures. Pursuant to subdivision (b)(6) of section 42033.2 of the Public Resources Code, provide the following:

(1) Description of whether policies and procedures for collecting, transporting, and disposing of home-generated sharps waste, as established in the stewardship plan, were followed during the reporting period

(2) Description of each instance of noncompliance from stewardship plan policies and procedures, if any occurred

(3) Corrective actions taken, or that will be taken, if the program operator discovered critical instances of noncompliance with stewardship plan policies and procedures

(f) Description of updates, that have been made or will be made, to the processes and policies followed to safely and securely collect, track, and properly manage home-generated sharps waste from collection through final disposal.

(g) Ordinance Repeal. 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.

(h) Safety and Security. Describe the general nature of any incidents with safety or security related to collection, transportation, or disposal of home-generated sharps waste. Explain the corrective actions taken or that will be taken to address the issue and improve safety and security. Additionally, the following specific information about any incident(s) shall be made available to the department, upon request, and shall include, but not be limited to:

(1) Location and date

(2) Description of specific incident

(3) Cause(s) of specific incident

(4) Parties involved

(5) Regulatory or law enforcement agencies involved and any litigation, arbitration, or other legal proceedings that result from each incident.

(i) Education and Outreach. Description and evaluation of the comprehensive education and outreach activities pursuant to section 18973.3(i), including, but not limited to, the following:

(1) Electronic examples of promotional marketing materials

(2) Numerical results of the education and outreach metrics outlined in the stewardship plan, pursuant to section 18973.3(i)(5)

(3) A discussion of what the metrics, described above in section 18973.5(i)(2), reveal about the performance of the comprehensive education and outreach program, including, but not limited to, ultimate user awareness, program usage, and accessibility

(4) Description of how the requirement in section 42031.6(b) of the Public Resources Code was met

(j) Covered Entities. Participating covered entities covered by the stewardship plan and their contact information, including, but not limited to, the following:

(1) Name of covered entity

(2) Mailing and physical address

(3) Contact name and title

(4) Email address

(k) A copy of the list of covered products submitted to the Board of Pharmacy pursuant to subsection (2) of subdivision (a) of section 42031 of the Public Resources Code.

(l) Description and evaluation of the process for selecting service providers, if applicable.

(m) Description of any grants, loans, sponsorships, reimbursements, or other incentives provided, as applicable.

(n) Description of changes in staffing of the stewardship program.

(o) Coordination Efforts. Description of how the program operator coordinated 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.

(p) Local Agency Requests. For each local agency that has requested removal or reimbursement, pursuant to the requirements in subsection (1)(F)(ii) of subdivision (d) of section 42032.2 of the Public Resources Code, provide details including, but not limited to:

(1) Name of local agency, or agent acting on behalf of the local agency.

(2) For each household hazardous waste facility:
(A) Facility location

(B) Reimbursement payment amount, as applicable

(C) Amount of home-generated sharps waste collected, as required in the stewardship plan pursuant to section 18973.3(f)(8)

(3) Any requests that were rejected and the reason(s) each request was rejected.

(4) Any requests where response, removal, or reimbursement was performed outside of the timelines specified in section 18973.3(g)(2).

(q) A list of all actual expenses incurred during the previous reporting period. Expenses shall be summarized in accordance with the budget categories specified in section 18973.6(b).

(r) State Agency Determinations pursuant to section 42032.2(d)(1)(B) of the Public Resources Code. Submit all agency determination(s) of compliance, noncompliance and superseding determinations of compliance, if any, for the reporting period.

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.

Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42031, 42031.6, 42032.2, 42033, 42033.2, 42033.4, 42033.5, 42033.6, 42034 and 42036.4, Public Resources Code; and Section 17041, California Code of Regulations.

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