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(a) Except as provided in this Chapter, no Person, other than the owner or resident of the property where the C&D Debris was generated, a City department, or an entity performing activities approved and funded through the City’s refuse rate-setting process, may Transport or cause the Transport of, and no Person may accept or cause acceptance for processing of, C&D Debris unless the transporting and/or accepting Facility has valid permit(s) and/or registration(s) as required by this Chapter. Except as provided in this Chapter, all C&D Debris must be Transported to and processed at a Facility registered under this Chapter and may not be Transported directly to landfill. No Person shall direct or cause the Transport of C&D Debris to landfill unless the material is documented to have been received as Beneficial Reuse, or the material is Processed Residual from a Facility registered under this Chapter. This provision is not intended to preclude or inhibit Source-Separation or carrying of Source-Separated materials to appropriate facilities, or the carrying of Processed Residual to landfill..1
(b) No permit or registration granted under this Chapter shall substitute for any license or permit required by state, federal, or other City law, nor does compliance with the requirements of this Chapter relieve any party of compliance with any other applicable State, federal, or City law. Any permit or registration recertification or renewal shall not constitute issuance of a new permit or registration.
(c) Director To Issue Permits and Registrations. The Director shall issue a permit or registration upon a determination that an application is complete and satisfies the requirements of this Chapter. If the Director determines that the information required by the application is not complete, the Director shall provide written notice to the applicant of the remaining information needed.
(d) Permit and Registration Renewal. Except as otherwise provided in this Chapter, if a Person submits a satisfactory permit or registration renewal application in the form and manner prescribed by the Director 30 or more calendar days prior to the expiration date, the current permit or registration will continue in full force and effect until the Director grants the renewal. A Person may not renew a permit or registration during a period of suspension, either by filing a renewal form or by operation of law. At the end of the suspension period, the Person may apply for renewal, if eligible, or otherwise may apply for a new permit or registration.
(e) Obligation to Notify Director of Changes in Information and Lawful Status. A Person with a permit or registration must notify the Director in writing of any change in information it submitted to the Department in connection with a permit or registration application or renewal, within 30 days of such change. In addition, a Person with a permit or registration must notify the Director in writing within 24 hours of any event affecting its lawful ability to conduct business.
(f) Nonliability of San Francisco, and Save Harmless Clause. Each permit and registration issued shall provide that it is granted on the condition that the Person who holds the permit or registration shall indemnify and save harmless the City and County of San Francisco, and its officers and employees, from any and all claims, losses, damages, injuries, and liabilities, however the same may be caused and regardless of the negligence, if any, of the City and County of San Francisco, resulting directly or indirectly from business operations for which the registration or permit has been granted, and that the acceptance of the permit or registration shall bind the owner to so indemnify and save harmless the City and County of San Francisco and its officers and employees.
(g) Material Reduction and Recovery Plan Required for Full Demolition of Existing Structure. A Person conducting full Demolition, as permitted by the Department of Building Inspection, must submit a Material Reduction and Recovery Plan (Plan) to the Director that provides for a minimum of 75% Recovery away from landfill of C&D Debris, including materials Source-Separated for Reuse or Recycling. The Plan may propose to use facilities and transporters that are not registered or permitted under this Chapter only for materials that will be Source-Separated. The Plan shall identify strategies that prioritize the reduction of C&D Debris generated, onsite and offsite reuse of materials, Source-Separation, and maximizing Recovery..1 The Plan must be submitted to the Director at the time the Person applies for a full Demolition permit from the Department of Building Inspection and must include the following information: a list of all material types and volumes anticipated from the full Demolition; the market or destination for each material; the estimated Recovery Rate; and the anticipated transporter for each material type. The Director may specify the form and manner for Plan submission, and require submission of additional related information and supporting documentation as part of a complete Plan. The Director shall make a determination as to the adequacy of the Plan within five business days and shall notify the Department of Building Inspection of its decision.
(h) Within 30 calendar days of completing a full Demolition project, the Person who submitted the Plan or other agent responsible for the project must submit documentation to the Director as specified in regulations to verify the actual Recovery Rate associated with the Demolition.
(j) In the Director’s discretion, the Director may delegate to the Department of Public Works the Director’s authority under this Section 1402 to receive and review materials and handle the issuance of permits and registrations.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
1. So in Ord. 144-21.