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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)
CODIFICATION NOTE
1. So in Ord. 144-21.
(a) Permits Required for Vehicles and C&D Debris Boxes. Except as otherwise 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 such C&D Debris without a valid permit covering each Vehicle and/or C&D Debris Box used in connection with Transport that is received, displayed, and abided by, in accordance with this Chapter. A Person need not obtain a permit for a Vehicle used in connection with Transport so long as the Vehicle’s Transport activities are limited to Transporting C&D Debris Box(es) for which the Transporter has obtained a valid permit. Permits granted under this Section 1403 are not transferable between or among Transporters, or between or among Vehicles owned or operated by the same permitted Transporter. The Director shall assign a unique permit number to each permit that is issued.
(b) Vehicle and C&D Debris Box Permit Issuance, Limitations, and Period of Validity.
(1) Annual Permits. Each annual permit period shall coincide with the City’s fiscal year, unless the Department defines in regulations an alternative 12-month cycle period. Annual permits shall be valid from issuance for the duration of the permit period, and permit fees shall be prorated accordingly. Annual permits are not transferable between or among individual Vehicles. Unless suspended or revoked by the Director or as otherwise provided in this Chapter, annual permits are eligible for renewal under Section 1402(d).
(2) Temporary Permits. Unless suspended or revoked by the Director or as otherwise provided in this Chapter, each temporary permit is valid for seven calendar days from its date of issuance and is not eligible for renewal.
(c) Vehicle and C&D Debris Box Permit Application and Conditions. To apply for an annual or temporary Vehicle or C&D Debris Box permit, a Person must complete and submit to the Department in a form and manner prescribed by the Director payment of applicable permit fee(s) according to Section 1408, and a completed written application that includes, without limitation, the following information:
(1) Name, address, and phone number of Transporter;
(2) Number of Vehicle(s) and/or C&D Debris Box(es) the Transporter seeks to operate in connection with Transport (one permit required for each);
(3) Name and address of Person(s) to whom each Vehicle is registered with the California Department of Motor Vehicles (DMV);
(4) Copy of DMV registration for each Vehicle the Transporter intends to use in connection with Transport;
(5) For temporary permits, the site location(s) and Department of Building Inspection permit number(s) associated with anticipated Transport work;
(6) Attestation by the applicant that the following information is true and complete, and that the Transporter agrees to conditions including, but not limited to, the following:
(A) Transporter seeks Vehicle and/or C&D Debris Box permit(s) to provide C&D Debris Transport services within the City and County of San Francisco;
(B) applicant is in compliance with all City, state, and federal laws and regulations applicable to contemplated activities, including but not limited to possession of valid licenses, permits, and insurance, and is in good standing with all other regulatory agencies;
(C) applicant will not Transport C&D Debris directly to landfill except as this Chapter or other applicable laws expressly permit;
(D) applicant has no outstanding notices of violation from any federal, state, or City agency that could affect the permits, authorizations, or licenses required for continued lawful and safe operation of his or her vehicles;
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applicant will maintain copies of all Facility receipts and other business records that demonstrate compliance with this Chapter for a minimum of three years;
(F) applicant agrees to comply with the provisions of this Chapter, to provide documentation to support the information in the application form to the Director upon request, and to allow the Director to make inspections of records related to compliance with this Chapter in order to verify the information in the application and other submitted reports or records;
(G) applicant agrees that all Vehicles and C&D Debris Boxes will be handled, placed, parked, and operated in accordance with all applicable City, state, and federal laws, including motor carrier regulations, and in accordance with standard industry practices to ensure against leakage and unsafe loads; and
(H) all C&D Debris will be Transported in a fully enclosed or covered Vehicle or container to minimize any potential spillage or littering.
(d) Requirement to Display Permit. The Department shall issue a decal or placard bearing the permit number for each permit it issues for a Vehicle or C&D Debris Box. A Transporter must ensure that the appropriate Department-issued decal or placard is prominently displayed on and visible from the outside of each Vehicle or C&D Debris Box, at all times that such equipment is being used in connection with Transport. C&D Debris Box permits must be affixed to the box in the manner specified in any applicable Department regulations or guidelines.
(Added by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
CODIFICATION NOTE
(a) Facility Registration Required. Except as otherwise provided in this Chapter, no Person may process C&D Debris without a valid Facility registration procured and abided by in accordance with this Chapter. Nothing in this provision is intended to preclude or inhibit Source-Separation. Within 60 days after the operative date of this ordinance in File No. 201151 amending this Chapter, all Facilities that seek to begin or continue operating must register or re-register and agree to comply with the provisions of this Chapter as amended in said ordinance.
(b) Registration Issuance and Period of Validity. Registrations granted under this Section 1404 are not transferable between Facilities. A Person that operates multiple Facility sites must obtain registration for each site. The Director shall assign a unique number to each Facility registration. Each registration is valid for one year from its date of issuance and subject to renewal under Section 1402(d), unless it is suspended or revoked by the Director or as otherwise provided in this Chapter.
(c) Facility Registration Application and Conditions. The Director shall issue Facility registrations to Facilities that meet the requirements of this Chapter and submit timely and complete registration applications according to this Section 1404, subject to the Director’s determination. A Facility shall apply for a registration by filing with the Director a completed application form prescribed by the Director, including, but not limited to, the following information:
(2) the name and address of the Person who operates the Facility, and
(3) attestation that the following information is true and complete, and that the applicant agrees to the following conditions:
(A) The Facility’s Recovery Rate for C&D Debris is current and verified through a Department-approved third-party as the Director shall specify in regulations. This Recovery Rate may include materials used as ADC or bio-mass conversion, provided that the Facility can demonstrate that the use as ADC or bio-mass conversion is the highest and best use, and that outgoing material is comprised only of Processed Residual, as determined by the Director in accordance with regulations promulgated consistent with this subdivision;
(B) The Facility will accept C&D Debris generated in San Francisco only if delivered either by a Transporter in a permitted Vehicle or C&D Debris Box whose permit credentials the Facility, upon reasonable examination, determines to be valid prior to accepting the C&D Debris, or by the owner or resident of property at which the C&D Debris was generated; but the Facility in its discretion may accept C&D Debris from a Transporter whose permit credentials the Facility determines are not valid for a cure period of up to 30 days after the Facility makes that determination if the Facility (i) notifies the Transporter of the Vehicle or Debris Box of the permit requirements, including by referring to visible posted signage or other information about the permit requirements; (ii) notifies the Department of the unpermitted Vehicle or C&D Debris Box company name and/or license plate, or other information required by regulation, within ten days each time the Transporter arrives without valid credentials; and (iii) does not accept C&D Debris from the Transporter after the end of the cure period until the Facility determines that the Transporter has provided valid credentials;
(C) The Facility will weigh each incoming C&D Debris load and the outgoing materials on certified scales integrated with an automated record-keeping system, and such data regarding incoming loads will be recorded in connection with the Transporter who delivered the load, unless (i) the Facility was in possession of a valid Registration and was operating without certified scales integrated with an automated record-keeping system on the effective date of the Ordinance in Board of Supervisors File No. 201151, (ii) the Facility has receive1
no notices of violation from the Local Enforcement Agency designated in Health Code Section 315 since that effective date related to records of incoming and outgoing material weights, and (iii) the Department has not documented any record-keeping deficiencies by the Facility since that effective date that prevents the Facility from meeting reporting requirements in Subsection 1404(c)(3)(A) and (F)-(I);
(D) The Facility is in compliance with all City, state, and federal laws and regulations applicable to its activities, including but not limited to possession of valid licenses, permits, and insurance, and is in good standing with all relevant regulatory agencies;
(E) The Facility has all insurance necessary and adequate for operation;
(F) The Facility will submit annual reports to the Director on forms and by dates specified by the Director, including but not limited to the following information regarding C&D Debris generated in San Francisco: total quantity of material received at the registered facility, the breakdown of all of the specific recycled commodities, the end use of the recycled commodity (reuse, recycling, composting, ADC, bio-mass conversion), landfill destination for Processed Residuals, and the recovery ratio for the report period, by processing area;
(G) For each Vehicle load received at a discrete Facility processing area, the Facility will provide the Vehicle operator with a uniquely numbered receipt on which is printed, at a minimum, the Facility name, processing area, and registration identification associated with this Chapter, the quantity of material received and the current recovery rate for that processing area, identity of the Transporter and its permit numbers, and Department of Building Inspections permit application number (where applicable) associated with that load;
(H) The Facility will maintain copies of Facility receipts, underlying documentation, load weight data, and other business records that demonstrate compliance with this Chapter, for a minimum of three years; and
(I) The Facility will comply with all provisions of this Chapter, provide supporting documentation to the Director upon request, and allow the Director or designee to make inspections of the Facility and records in order to verify compliance with this Chapter.
The Department may adopt regulations to implement this subsection (c), including regulations to define the documented record-keeping deficiencies under which the Department may notify a Facility under subsection (C)(iii)(c) 1
that it must operate with certified scales integrated with an automated record-keeping system.
(d) Requirement to Display Registration. A registered Facility shall at all times prominently display a copy of proof of registration in a publicly accessible area of its premises.
(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)
CODIFICATION NOTE
1. So in Ord. 144-21.
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