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(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)
(a) A UST permit shall be issued for a term of one year, except as otherwise provided in this Article.
(b) Every application for the renewal of a permit shall be made at least 30 days prior to the expiration date of such permit. The application for renewal shall include a certification by the permittee that the permittee has reviewed the information submitted on the permit application and any addenda thereto and that any necessary changes to the permit application and addenda have been made. Applications to renew a UST permit shall comply with all applicable requirements of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280).
(c) Any permit for which a properly completed application for renewal has been received by the Director of Health prior to the expiration date shall remain in effect until a decision has been made on the application and all administrative appeals have been exhausted or the time for appeal has expired.
(d) A permit is not transferable to another person, address or physical location within the same address.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
(a) A certificate of registration or permit does not take the place of any license required by State, federal or local law nor does compliance with the permit requirements of this Article relieve any party of compliance with any other applicable State, federal or local law.
(b) Granting of a certificate of registration or permit under the provisions of this Article does not constitute authorization to handle hazardous materials at any establishment, if such handling violates a provision of this Article or any other local, federal, or State statute, code, ordinance, rule, or regulation relating to hazardous materials, or if hazardous materials are handled in such a manner as to cause an unauthorized release of hazardous materials or to pose a significant risk of such unauthorized release.
(Added by Ord. 164-92, App. 6/10/92)
(a) A permit to operate a UST shall contain the following information:
(1) The name and address of the permittee for purposes of notice and service of process;
(2) The street address of the establishment for which the permit is issued;
(3) Authorization of the UST approved under the permit;
(4) The date the permit is effective;
(5) The date of expiration;
(6) Any special conditions of the permit.
(b) The permittee shall post a notice of the permit obtained pursuant to this Section, in a location open to public access during normal business hours, at each establishment for which a permit is obtained.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
(a) The Director of Health shall take final action on a permit denial, issuance, modification or renewal by mailing a copy of the permit denial, issuance, modification or renewal to the applicant, and if different, the owner of record of the real property on which the UST is located.
(b) The Director of Health shall publish notice of the action on the permit by posting a notice at City Hall or at the Department of Health offices at 101 Grove Street, or by publication in a newspaper of general circulation. The notice shall include a summary of the Director's action on the permit, and instructions for filing a public hearing request. The Director's action shall be final 15 days after the Director's posting or publication of the notice of permit action, unless a public hearing is requested as provided in Subsection (c).
(c) Any person who deems that his or her interests or property or that the general public interest will be adversely affected by the Director's denial, issuance, modification, or renewal of a permit may request a public hearing within 15 days of the Director's publication of a notice of permit action. The Director shall hold a public hearing after giving the notice provided in Section 1137.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
DIVISION IV
ENFORCEMENT
ENFORCEMENT
In addition to any other provisions of this Article, the following acts or omissions of a person or business subject to regulation under this Article shall constitute a violation of this Article:
(a) Fraud, wilful misrepresentation, or any wilfully inaccurate or false statement in applying for a new or renewed permit or certificate of registration;
(b) Fraud, wilful misrepresentation, or any wilfully inaccurate or false statement in any report required by this Article;
(c) Failure to correct conditions constituting an unreasonable risk of an unauthorized release of hazardous materials within a reasonable time after notice from a governmental entity other than the City;
(d) If an underground storage tank owner or operator: Failure to comply with applicable requirements of a permit; failure to establish and maintain evidence of financial responsibility as required pursuant to this Article; failure to take corrective action in response to an unauthorized release; failure to properly close an underground storage tank; failure to permit inspection or perform any monitoring, testing or reporting required by this Article; or making any false statement, representation, or certification in any application, record, report, or other document submitted or required to be maintained pursuant to this Article;
(e) If an underground storage tank operator: Operation of an underground storage tank without a permit or failure to maintain records or report an unauthorized release as required pursuant to this Article;
(f) If an underground storage tank owner: Failure to obtain a permit; abandonment of any underground storage tank subject to this Article; knowing failure to take reasonable and necessary steps to assure compliance by the operator with this Article; or failure to repair or upgrade an underground storage tank in accordance with this Article;
(g) Any violation of Subsections 8001.3.2(a) or 8001.3.3(a) of the Uniform Fire Code, as adopted by the State Fire Marshal, concerning hazardous material management plans and inventories.
(Added by Ord. 164- 92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
(a) Whenever the Director of Health or a duly authorized representative discovers a hazardous materials release site, the Director is empowered to order the responsible party or parties to vacate or close the hazardous materials release site and institute emergency remedial actions, as provided in this Section, without a written notice or hearing, until the condition requiring such action has been abated.
(b) Following any unauthorized release, the Director of Health is empowered to order the hazardous materials release site secured from public and/or private access, including the ordering of the evacuation, closure or other isolation of the hazardous materials release site so as to prevent any further public or private exposures to hazardous materials. The Director of Health is also empowered to issue directives as to what monitoring must be done to assess the degree of contamination present and to evaluate what degree of cleanup shall be undertaken in order to assure safe reoccupancy of the hazardous materials release site.
(c) The Director of Health may verify that the unauthorized release of hazardous material is being contained and appropriately disposed. Any time the Director of Health has reason to believe that any responsible party is not adequately containing and disposing of such hazardous material, the Director of Health may undertake and direct an emergency response in order to protect the public health and safety.
(d) In the event the Director of Health determines that immediate action is necessary and the responsible party has not undertaken and will not undertake such necessary action, the Director may direct the institution of those remedial actions reasonably necessary under the circumstances to protect the health, safety and welfare of the community from the hazards attending the unauthorized release. The responsible party shall be strictly liable to the City for the reimbursement of all costs incurred by the City for any such emergency remedial action, including, but not limited to, the costs of fighting fires. All costs due for which payment is not received within 30 days of the mailing of a notice to the responsible party of payment due, shall be delinquent and subject to a penalty of 10 percent, not to exceed $2,000, and interest at the rate of one percent per month on the outstanding balance from the date payment is due. In addition, the City may impose a special assessment lien against the property as provided in Section 1136. The lack of either negligence or wilfulness of the responsible party in causing or allowing such discharge shall have no bearing on the liability imposed by this Section.
(e) The decision whether any hazardous materials release site is safe for reentry by the public following such order of the Director of Health regarding evacuation, closures, etc. shall be made exclusively by the Director of Health.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
The Director of Health shall have authority to administer and enforce all provisions of this Article. Pursuant to this authority the Director of Health may issue certificates of registration and permits for underground storage tanks; deny, revoke or suspend any permits issued pursuant to this Article; enforce the provisions of this Article by any lawful means available for such purpose; inspect establishments; inspect and monitor hazardous materials release sites; and require persons or businesses operating establishments or USTs to take actions to prevent the release of hazardous materials and to clean up and abate a release of hazardous materials. The Director of Health and officials of the Fire Department, Department of Public Works, Department of City Planning and other affected departments shall mutually cooperate with each other to carry out the intent of this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
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