(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.