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(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.
The following terms and conditions shall apply to each registration:
(a) A registration is valid for two years.
(b) Each registrant must submit a registration renewal on a form specified by the Director thirty (30) days prior to the expiration date of the registration. Except as provided in this subsection, if a registrant submits a properly completed renewal form thirty (30) days prior to the expiration date, the current registration will continue in full force and effect until the Director issues a registration or all administrative and judicial appeals have been exhausted or the time for appeal has expired. A person may not renew a 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 a registration.
(c) All records required to be kept by registered facilities and transporters shall be kept for at least three (3) years.
(d) A registration is not transferable.
(e) A registration does not take the place of any license required by state, federal or local law nor does compliance with the requirements of this Chapter relieve any party of compliance with any other applicable State, federal or local law.
(f) A copy of proof of registration shall be prominently displayed at any registered facility and kept in a registered vehicle.
(g) Within thirty (30) days of a change of any of the information required on a registration or renewal form, a registrant must file an amendment to the registration on a form prescribed by the Director.
(h) Each registrant must notify the Director, in writing, within twenty-four (24) hours of the time a permit, authorization or license required by any local, state or federal agency to operate the facility or vehicle terminates, expires or is revoked or suspended.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006; repealed by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
(a) If a person believes that any information required to be reported or disclosed by this Chapter contains a trade secret, the person shall provide the information to the Director and shall notify the Director in writing of that belief, detailing the basis of the belief as to each specific item of information the person claims is a trade secret. For purposes of this Chapter, "trade secret" shall have the same meaning as it has under state law. The person designating information as a trade secret shall specify a name and street address for notification purposes and shall be responsible for updating such information. The Director shall not disclose any properly substantiated trade secret which is so designated by a person except as required by this Chapter or as otherwise required by law.
(b) Information designated as trade secret may be disclosed to an officer or employee of the City and County of San Francisco, the State of California, or the United States of America for use in connection with the official duties of such officer or employee acting under authority of law for the protection of health, without liability on the part of the City.
(c) When the Director or other City official or employee receives a request for information that has been designated as, or which the City determines may be, a trade secret, the City shall notify the person or business of the request. The City may request further evidence or explanation from the person as to why the information requested is a trade secret. If the City determines that the information does not constitute a trade secret, the City shall notify the person or business of that conclusion and that the information will be released by a specified date in order to provide the person or business the opportunity to obtain a court order prohibiting disclosure.
(d) In adopting this Chapter, the Board of Supervisors does not intend to authorize or require the disclosure to the public of any trade secrets protected under the laws of the State of California.
(e) This Section is not intended to empower a person or business to refuse to disclose any information, including but not limited to trade secrets, to the Director or other City Departments required under this Chapter.
(f) Notwithstanding any other provision of this Chapter, any officer or employee of the City and County of San Francisco, or former officer or employee or contractor with the City or employee thereof, who by virtue of such employment of official position has obtained possession or has had access to information, the disclosure of which is prohibited by this Section, and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses the information in any manner to any person or business not entitled to receive it, shall be guilty of a misdemeanor.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006)
(a) Annual Vehicle Permit Fees. The annual permit fee for each Vehicle shall be as follows:
(1) Tier 1 for Vehicles with a GVW of less than 10,000 pounds or no California weight code shall not be subject to a fee until July 1, 2022, when the fee shall be $395;
(2) Tier 2 for Vehicles with a GVW of 10,000 pounds up to and including 35,000 pounds shall be $1200;
(3) Tier 3 for Vehicles with a GVW of 35,001 pounds up to and including 60,000 pounds shall be $1600; and
(4) Tier 4 for Vehicles with a GVW of 60,001 pounds up to and including 80,000 pounds shall be $2000.
(b) Annual C&D Debris Box Permit Fee. The annual permit fee for each C&D Debris Box shall be $795.
(c) Temporary Vehicle 7-Day Permit Fee. The fee for the Temporary Vehicle 7-Day Permit shall be as follows:
(1) Tier 1 for Vehicles with a GVW of less than 10,000 pounds shall be $175;
(2) Tier 2 for Vehicles with a GVW of 10,001 pounds up to and including 35,000 pounds shall be $300;
(3) Tier 3 for Vehicles with a GVW of 35,001 pounds up to and including 60,000 pounds shall be $400; and
(4) Tier 4 for Vehicles with a GVW of 60,001 pounds up to and including 80,000 pounds shall be $500.
(d) Temporary C&D Debris Box Permit Fee. The fee for each temporary, 7-day C&D Debris Box Permit shall be $200.
(e) Annual Vehicle and C&D Debris Box permit fees under this Section 1408 shall be prorated from the month that the permit is issued to the end of that permit year cycle.
(f) Beginning with fiscal year 2022-2023 and annually thereafter, the fees set forth in this Section 1408 may be adjusted each year to reflect changes in the Consumer Price Index as determined by the Controller, without further action by the Board of Supervisors, as set forth in this subsection (f). Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this subsection. Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fee is assessed and that the fees will not produce revenue which is significantly more than the costs of providing the services for which the fee is assessed. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted fee schedule shall become operative on July 1.
(Added by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
The Director will maintain a current list of registered Facilities and permitted Transporters available at the Department’s Office and on its website. The Director will work with the Department of Building Inspection, the Department of Public Works, and other City departments to ensure availability of this information to the public.
(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)
(a) The Director, the Director of Public Works, the Sheriff, and their respective designees have authority to administer all provisions of this Chapter 14 and to enforce its provisions by any lawful means available for such purpose. The Departments of Building Inspection, Public Works, and the Sheriff shall work together with the Director to coordinate enforcement of this Chapter with enforcement of relevant provisions of the Building Code, Public Works Code, and related rules and regulations.
(b) In order to carry out the provisions of this Chapter 14, the Director, the Director of Public Works, the Sheriff, and their respective designees have the authority to inspect the premises, equipment, and records of any registered Facility or permitted Transporter. This right of entry will be exercised only at reasonable hours, with the consent of the owner of the vehicle or facility or with a proper inspection warrant, and to the extent permitted by applicable laws. The Director and/or the Director’s designee(s) will inspect and/or audit the records of each registered Facility and Transporter at least once annually.
(c) Suspension of registration or permit. Whenever the Director finds that information in a Person’s permit or registration, a required report, or other submission to the Director, is inaccurate or incomplete, or a person does not have all appropriate permits, authorizations, or licenses to use or operate the registered Facility or permitted equipment, or that a person is violating or has violated this Chapter 14
or the terms of a permit or registration, the Director may issue an order suspending the permit or registration as provided in this Section 1410. The Director’s order to suspend must include a written statement of the reasons for the suspension and must provide the person with an opportunity to respond in writing before the order becomes effective. The order shall provide the effective date and end date of the suspension. The suspension period will be no more than: one month for the first violation; six (6) months for the second; and twelve months for any subsequent violations. The Director’s decision shall be final.
(d) A final decision of the Director to suspend a permit or registration may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the Business and Tax Regulations Code. Any person who fails to appeal the Director’s decision to the Board of Appeals within the time specified may not challenge a decision or final order of the Director in any judicial proceedings brought to enforce the decision or order or for other remedies. Within 90 days of the decision of the Board of Appeals, a person may file with a court of competent jurisdiction a petition for writ of mandate to review the Board of Appeals decision, provided that the responsible party has exhausted its administrative remedies. Any person who fails to file a petition within this 90-day period may not challenge a decision or final order of the Board of Appeals in any judicial proceedings brought to enforce the decision or order or for other remedies. Section 1094.5 of the California Code of Civil Procedure shall govern any proceedings conducted pursuant to this Section 1410. In all proceedings pursuant to this Section, the Court shall affirm the Board of Appeal’s decision if it is based upon substantial evidence in the whole record. This Section does not prohibit the Court from granting any appropriate relief within its jurisdiction.
(e) The Director may request the City Attorney or the District Attorney, as the case may be, to commence an action to enforce this Chapter 14.
(1) Civil Penalties. Any person who violates this Chapter 14 shall be civilly liable to the City and County of San Francisco for a civil penalty in an amount not to exceed $1,000 for each day in which the violation occurs. Each day that such violation continues shall constitute a separate violation. For a second violation of the Chapter, the civil penalty will be not less than $1,000 and not more than $5,000 for each day in which the violation occurs. In determining civil penalties, the court shall consider the extent of harm caused by the violation(s), the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.
(2) Criminal Penalties. Each violation shall be considered a separate misdemeanor punishable by a fine not exceeding than1
$1,000, or imprisonment not to exceed six months in the County Jail, or both. In determining criminal penalties, the court shall consider the extent of harm caused by the violation(s), the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, the financial burden to the violator, and such other factors as deemed relevant and material.
(f) Administrative Penalties. If the Director determines that any Person has violated this Chapter or a regulation adopted pursuant thereto, the Director shall send a written notice of violation as well as a copy of the relevant provisions of this Chapter and/or any regulations adopted pursuant thereto, to that Person, specifying the violation. The Sheriff or the Sheriff’s deputies also may issue written notices of violation consistent with the preceding sentence if the Sheriff or the Sheriff’s deputies determine that any Person has violated this Chapter or a regulation adopted pursuant thereto. For any violation related to Transport of Construction and Demolition Debris, the Person shall have five calendar days from receipt of the notice of violation to correct or cure the violation, by procuring a permit, by submitting to the Department receipts documenting that materials were received as Beneficial reuse, or by other method provided for in Department regulations. For any other violation, the Person shall have 30 calendar days, or other such time as specified by the Department by regulation, from receipt of the notice violation to correct or cure the violation, by submitting to the Department the requested documentation that the violation has been mitigated or steps taken as required by the Department to address the violation, or by other method provided for in Department regulations. If, after having received the notice of violation, the Person fails to correct or cure the noticed violation within the prescribed period, the Director may impose administrative penalties. Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” as amended, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative fines imposed to enforce this Chapter or any rule or regulation adopted pursuant to this Chapter, with the exception that the Director may impose administrative penalties up to $1,000 per violation. Each day a Person operates in violation of any provision this Chapter shall constitute a separate violation for these purposes.
(g) Remedies under this Section 1410 are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(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
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