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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)
All persons and businesses required to obtain a certificate of registration shall maintain a label on each container of hazardous material regulated by this Article in a manner consistent with the applicable federal, State, and local laws and regulations.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
DIVISION III
UNDERGROUND STORAGE TANK PERMITS
UNDERGROUND STORAGE TANK PERMITS
(a) Except as otherwise authorized by this Article, Chapter 6.7 of the California Health and Safety Code, commencing with Section 25280, and any implementing regulations, no person shall own or operate an underground storage tank ("UST") unless a permit for its operation has been issued by the Department as required by this Article, Chapters 6.7 and 6.75 of the California Health and Safety Code, commencing with Section 25280, and any implementing regulations.
(b) Any person required to obtain a UST permit pursuant to this Article shall submit an application through the California Environmental Reporting System ("CERS") and any required information and fees upon notification by the Department. Any person so notified by the Department who fails to submit the required information and fees within the time specified in the notice shall be assessed an additional fee and a site investigation fee, if a site investigation is required, as a penalty. The amount of the additional fee and site investigation fee is specified in Section 1176. A person assessed such fees may appeal the amount of the fee levied by requesting a Director's hearing pursuant to Section 1137.
(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) Any person that is required to obtain one or more UST permits shall obtain the permits by filing the required application form through the California Environmental Reporting System ("CERS"), paying the required permit fee and demonstrating compliance with this Article, and Article 31, if the permit is for a site located in Hunters Point Shipyard Parcel A as determined by inspection of the UST by the Department. For permits in the area of San Francisco subject to the requirements of Article 31, such permit application shall not be deemed complete until the department receives written notification from the Director that the applicant has complied with all provisions of Article 31 that are required to be met prior to permit issuance.
(b) Any person required to obtain a UST permit shall submit the information required by the Department, Article 31 and Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280) and implementing regulations adopted by the State Water Resources Control Board and the Health Commission. No permit shall be granted to the owner or operator of a UST unless the applicant demonstrates compliance with this Article and its implementing regulations, Article 31 and all applicable provisions of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280) and implementing regulations, as the law and regulations may be amended.
(c) All modifications, repairs, closures and removals of USTs shall require approval of the Department, compliance with this Article and its implementing regulations, compliance with Article 31 if the approval is for a site in Hunters Point Shipyard Parcel A, compliance with applicable provisions of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280) and its implementing regulations, and payment of applicable fees. Any person who performs unauthorized modifications, repairs, removals or closures, or fails to schedule a site inspection with the Department prior to performing such work shall be assessed additional fees and a site investigation fee, if a site investigation is required, as a penalty. The amount of the additional fees and site investigation fee is specified in Section 1176. A person assessed such fees may appeal the amount of the fee levied by requesting a Director's hearing pursuant to Section 1137.
(d) No permit may be granted pursuant to this Article until the Department has inspected the UST and unless the applicant has corrected any Code violations cited by the Department; the applicant has furnished all requested information and paid the required permit fees; and the applicant demonstrates to the satisfaction of the Director of Health, by the submission of appropriate plans and other required information, that the design and construction of the UST meets all applicable City, State and federal laws and regulatory requirements.
(e) Each permit shall include requirements that the person reimburse the City for extraordinary costs, in addition to applicable permit fees, for inspection and monitoring, administration, incidental expenses and cleanup and remediation costs resulting from releases of hazardous substances or failure by the permittee to handle hazardous substances in accordance with the requirements of this Article. Permits shall not be renewed unless all such costs have been paid to the City.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 26-14, File No. 130401, App. 3/21/2014, Eff. 4/20/2014)
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