8.38.140 Permit Suspension and Revocation.
A. Applicability. This Section applies to all permitted infectious waste facilities and transporters.
B. Suspension of Permit. For major infractions of the terms of the permit, that would be considered a public health threat, the Health Officer may suspend the permit and require the following:
1. The operator to cease generating, transporting, storing, treating, and/or disposal of infectious waste, or;
2. The operator to agree to a caretaker management of operations involving infectious wastes. The caretaker management shall be selected by the Health Department from the following:
a. Operators or personnel acting under supervision of the Department, or
b. Independent management firm operating under Department supervision.
The total cost of the caretaker management shall be borne by the operator, by revenues from operation.
3. If the operator does not voluntarily agree to the caretaker management, appropriate legal action shall be taken by the Department to institute the management operations to protect the public interest. Any person whose permit has been suspended, may at any time make application for a reinspection for the purpose of reinstatement of the permit. Within two working days following receipt of a written request for inspection, including a statement signed by the applicant that in his/her opinion the conditions causing suspension of the permit have been corrected, the Health Officer shall make a reinspection. If the applicant is in compliance with the requirements of this Chapter, the permit shall be reinstated.
C. Revocation of Permit. The Health Officer may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of any of the requirements of this Chapter, or for interference with the Health Officer in the performance of duty. The permit shall remain in effect, pending the hearing decision, unless it is determined by the Health Officer that continued operation activity is a danger to public health. Upon the Health Officer's determination of danger to public health, all operation activity shall cease until further notice from the Department.
Prior to revocation, the Health Officer shall notify, in writing, the holder of the permit, or the person in charge, of the specific reasons(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for hearing is filed with the Health Officer by the holder of the permit within such ten-day period. If no request for hearing is filed within the 10-day period, the revocation of the permit becomes final.
Any person whose permit has been revoked may make a written application for the purpose of obtaining a new permit after a 6-month probation period. A hearing will be provided before the Health Officer to determine if a new permit shall be issued.