(a) The Department may order the modification of any permit issued under this Division upon (1) a written application from the permittee or (2) a showing that the operation may (A) violate any provisions of this Article or (B) endanger the public health.
(b) If the Department determines that a permit issued under this Division is required to be modified in accordance with Clause (a)(2) of this Section, the Department may issue an order modifying the permit to protect the public health and safety. The Department shall be served such order on the permittee, either by personal service or by certified mail return receipt requested, and shall be effective and final thirty (30) days after the service of such order unless appealed by the permittee. Within thirty (30) days from the service of the order, the permittee may appeal the modification order to the Director. The Director shall conduct an administrative hearing upon the filing of an appeal by the permittee in accordance to Section 833 of this Article;
(c) A permittee proposing to modify the operation of a water well by increasing the rate of water withdrawal shall be referred by Department to the Department of City Planning for CEQA review under Chapter 31 of the San Francisco Administrative Code. Following said determination, the permittee shall submit to Department a copy of the agreement with the SFPUC authorizing increased water withdrawals;
(d) Except as provided for in Subsection (b) of this Section, prior to ordering any requested modification, the Department shall hold an administrative hearing pursuant to Section 833 of this Article.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)