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DIVISION II
CERTIFICATE OF REGISTRATION
CERTIFICATE OF REGISTRATION
(a) Any business which operates an establishment, or any owner of real property upon which an establishment is located, shall for each establishment that meets any of the criteria set forth in this Section, obtain and keep current a hazardous materials certificate of registration and implement the hazardous materials plan submitted with the registration application:
(1) The establishment operates a laboratory which handles, as part of its laboratory function, at any one time during the reporting year, any hazardous material or mixture containing a hazardous material in a container that has a capacity equal to, or greater than a weight of 25 grams (0.06 pounds) or a volume of 100 milliliters (0.025 gallons) or 10 cubic feet at standard temperature and pressure for compressed gas;
(2) The establishment handles any one hazardous material or any one mixture containing a hazardous material in a container or containers with a total capacity at any one time during the reporting year that is equal to, or greater than, a weight of 500 pounds, or a volume of 55 gallons or 200 cubic feet at standard temperature and pressure for compressed gas;
(3) The establishment handles one or more hazardous material or mixture containing a hazardous material in a container or containers with a combined total capacity at any one time during the reporting year equal to, or greater than, a weight of 500 pounds, or a volume of 55 gallons or 200 cubic feet at standard temperature and pressure for compressed gas. In determining the combined total container capacity of the hazardous materials, the establishment shall include:
(A) All liquid hazardous materials in containers with a capacity equal to, or greater than, one gallon;
(B) All solid hazardous materials in containers with a capacity equal to, or greater than, 25 pounds;
(C) All compressed gas hazardous materials in containers with a capacity equal to, or greater than, 10 cubic feet.
(4) The establishment handles any one or more radioactive material or mixture containing a radioactive material in a quantity for which an emergency plan is required to be adopted pursuant to Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1), of Chapter 1 of Title 10 of the Code of Federal Regulations, or pursuant to any regulations adopted by the state in accordance with those regulations;
(5) The establishment handles any one or more etiologic agents.
(b) Any person not subject to Subsection (a) who is required to submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code, as that section read on August 1, 1997, or as it may be subsequently amended shall obtain and keep current a hazardous materials certificate of registration and implement the hazardous materials plan submitted with the registration application as required by this Article.
(c) Within 30 days of any one of the following events, any business required to obtain a certificate of registration pursuant to this Section shall file an addendum to the certificate of registration detailing the handling and the following appropriate information:
(1) Change of business name;
(2) A 50 percent or more increase in the quantity of a previously disclosed material;
(3) Any handling of a previously undisclosed hazardous material subject to the inventory requirements of this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
Every business, or owner of real property upon which an establishment is located, that is required by this Article to register and implement a hazardous materials plan shall obtain a certificate of registration by filing an application through the California Environmental Reporting System ("CERS") upon forms furnished for that purpose, certifying that the hazardous materials plan as described in the application meets the requirements of California Health & Safety Code 25404, et seq., and paying the required fees.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 26-14, File No. 130401, App. 3/21/2014, Eff. 4/20/2014)
A temporary certificate of registration may be issued where the hazardous materials subject to the registration requirements are handled at an establishment during a one-time period not to exceed 90 days in a consecutive six-month period. The Director of Health may approve a temporary certificate of registration under circumstances that do not comply with all the provisions of this Code, provided that the Director determines that such temporary handling does not present any increased risk of fire or health hazard. A temporary registration shall be issued for a period not to exceed 90 days.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
Any business which registers with the Department pursuant to this Article and is located on leased or rented real property shall notify, in writing, the real property owner that the business and the real property owner are subject to the requirements of this Article and the business has obtained a certificate of registration. The business shall provide a copy of the certificate of registration and the hazardous materials plan to the owner or the owner's agent within five working days after receiving a request for a copy from the owner or the owner's agent.
(Added by Ord. 164-92, App. 6/10/92)
The Department shall review a completed application for a certificate of registration, determine if it is deficient in any way, and notify the applicant of these defects and of a compliance schedule for correcting the defects. The applicant shall submit a corrected application within the time specified in the compliance schedule.
(Added by Ord. 164-92, App. 6/10/92)
(a) The certificate of registration shall contain the following information:
(1) The name and address of the registrant for purposes of notice and service of process;
(2) The street address of the establishment for which the certificate of registration is issued;
(3) The registered quantity limit(s) for the establishment;
(4) The date the certificate of registration is effective;
(5) The date of expiration, except for those registrants exempted from renewal under Section 1115 of this Article.
(b) Each certificate of registration shall include requirements that the registrant reimburse the City for extraordinary costs, in addition to applicable registration fees, for inspection and monitoring, administration, incidental expenses and cleanup and remediation costs resulting from releases of hazardous materials or failure by the registrant to handle hazardous materials in accordance with the requirements of this Article. Furthermore, the certificate shall provide that if the registrant fails to immediately notify the Department of a release or threatened release of hazardous material, and the failure results in or significantly contributes to an emergency, including a fire, to which the City is required to respond, the registrant shall be assessed the full cost of the City emergency response as well as the cost of cleaning up and disposing of the hazardous material. Certificates of registration shall not be renewed unless all such costs have been paid to the City.
(c) The registrant shall post a copy of the certificate of registration obtained pursuant to this Section, in a location open to public access during normal business hours, at each establishment for which a certificate of registration is obtained.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 168-95, App. 5/26/95; Ord. 399- 97, App. 10/17/97)
(a) A certificate of registration shall be issued for a term of one year, except as otherwise provided in this Article.
(b) Except as provided in Subsection (c) of this Section, the registrant shall submit an application for a renewal at least 30 days prior to the expiration date of the certificate of registration. The application for renewal shall include a certification by the registrant that it has reviewed all information previously submitted for its current registration to determine if any revisions are needed and that it has made any necessary changes to the previously submitted application. A copy of any changes shall be submitted to the Department of Health as part of the renewal application.
(c) A physician, dentist, podiatrist, veterinarian, or pharmacist, who is required pursuant to Section 1110 to obtain a certificate of registration solely because he or she operates an establishment that handles oxygen, nitrogen or nitrous oxide is exempt from filing a renewal application and paying an annual renewal fee as provided in this Section and Section 1176(b) of this Article, provided that at any one time the total container capacity of oxygen or nitrous oxide, as determined in accordance with the provisions of Section 1110, is less than 1,000 cubic feet of each material at standard temperature and pressure. If a business that is exempted from registration renewal, at any one time handles oxygen or nitrous oxide in a container or containers with a total capacity that is equal to or greater than 1,000 cubic feet of each material at standard temperature and pressure, or handles any other hazardous material that meets any of the criteria set forth in Section 1110, then the business shall no longer qualify for the exemption and shall comply with the registration renewal requirements of this Article.
(d) The certificate of registration is not transferable to another owner, address or physical location within the same address.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 168-95, App. 5/26/95; Ord. 399- 97, App. 10/17/97)
(a) All persons and businesses shall handle all hazardous materials regulated by this Article in conformity with the provisions of this Code, the San Francisco Building Code, San Francisco Electric Code, San Francisco Public Works Code, San Francisco Fire Code and San Francisco City Planning Code. The Director of Health shall approve all installation, construction, repair or modification, closure, and removal of storage facilities.
(b) The Director of Health, as provided in this Code, may:
(1) Exempt a person or business from any specific requirement if, and only if, the person or business has demonstrated by clear and convincing evidence that strict application of the requirement would create practical difficulties not generally applicable to other establishments or property and that granting the exemption will not increase the hazard of exposure to hazardous materials and such exemption is not in conflict with any requirement of federal or State law concerning the handling of hazardous materials. The Director shall specify in writing the basis for any exemption under this paragraph; or
(2) Impose reasonable additional or different requirements if, and only if, such requirements are necessary to protect the public health, safety and welfare from the hazards arising from the storage, handling and use of hazardous materials.
(Added by Ord. 164-92, App. 6/10/92)
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