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(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
The Director shall review any notification, permit application or plan submitted to the Department of Public Health under state or City law for a facility to receive and process construction and demolition debris. The Director shall determine whether the facility plan, including proposed material handling and sorting methods, equipment, space utilization, and ability to meet recovery market requirements, is adequately designed to process and recover construction and demolition debris at the proposed tonnage input levels and comply with this Chapter 14. After receipt of the notification, application or plan from the Department of Public Health, the Director shall notify the Department of Public Health of the Director’s determination and recommendations.
(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)
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