SEC. 1135. CIVIL ACTION FOR RETALIATION.

   A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of this Article to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorneys' fees. The Court may award punitive damages in a proper case.

(Added by Ord. 164-92, App. 6/10/92)

SEC. 1136. SPECIAL ASSESSMENT LIENS.

   (a)   Cost and charges incurred by the City by reason of the cleanup and abatement of an unauthorized release; abatement of any violation of this Article, including but not limited to monitoring and inspection costs; a delinquency in the payment of a bill for fees applicable under this section in excess of 30 days; and any final administrative civil penalties assessed against a person or business for violations of this Article shall be an obligation owed to the City by the owner of the property where the hazardous materials were handled. The City shall mail to the owner of the property where the hazardous materials were handled or the person or business against whom the final administrative civil penalty was assessed. Such obligation may collected by means of the imposition of a lien against the property of the owner of the property where the hazardous materials were handled or of the person or business against whom the final administrative civil penalty was assessed. The City shall mail to the owner of the property where the hazardous materials were handled and to the person or business against whom the final administrative civil penalty was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice.

   (b)   Liens shall be created and assessed in accordance with the requirement of Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).

(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 322-00, File No. 001917, App. 12/28/2000)

SEC. 1137. DIRECTOR'S HEARINGS.

   (a)   The Director shall hold a public hearing for the following purposes:

      (1)   To issue an order that imposes an administrative civil penalty pursuant to Section 1133(c) of this Article unless the party against whom liability is to be imposed has waived the right to a hearing as provided in Section 1133(c);

      (2)   To issue an order pursuant to Section 1133(a) that revokes or suspends a permit;

      (3)   To take public comment on a permit application under Section 1124, upon timely and proper request by a person authorized pursuant to Section 1124(c);

      (4)   To take public comment on the approval of a corrective action plan or modification to a corrective action plan pursuant to Section 1143, upon timely and proper request by a person authorized pursuant to Section 1143(g);

      (5)   To comply with a request for a public hearing under Section 1133(i) following an enforcement action by the Director, upon timely and proper request by a person authorized pursuant to Section 1133(i);

      (6)   To hear an appeal from the levy of fee penalties and site investigation fees imposed pursuant to Sections 1120 and 1120.1. The Director may reduce the amount of the fees only upon a showing of just cause, such as demonstrable negligence on the part of an employee or agent;

      (7)   To take public comment on a risk management plan pursuant to Article 21A of this Code.

   (b)   Notices of public hearings pursuant to this Section shall be given by publication in a newspaper of general circulation in the City for at least two days and not less than 10 days prior to the date of such hearing. Written notice setting forth the date of the public hearing shall be sent to interested persons, including without limitation the hazardous materials handler and the property owner, by certified mail at least 10 days in advance of the hearing. The notice shall state the nature and purpose of the public hearing.

   (c)   In any hearing under this Article, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to see and copy all documents and other information the City relies on in the proceeding, to be represented by counsel, and to confront and cross-examine any witnesses against them. Any hearing under this Article may be continued by the person conducting the hearing for a reasonable time for the convenience of a party or a witness.

   (d)   In a hearing to issue an order setting liability for administrative civil penalties, the Director shall designate a certified court reporter to report all testimony, the objections made, and the ruling of the Director. Fees for transcripts of the proceedings shall be at the expense of the party requesting the transcript as prescribed by Section 69950 of the California Government Code, and the original transcript shall be filed with the Director at the expense of the party ordering the transcript.

   (e)   At the conclusion of a public hearing, the Director may take any action consistent with this Article and other applicable law. The Director's decision shall be in writing, and shall contain a statement of reasons in support of the decision. Following a public hearing, the decision of the Director shall be sent by certified mail to the handler and the property owner and any other interested person.

   (f)   Hearings requested pursuant to Subsections (a)(3), (a)(4), and (a)(5) shall be subject to a hearing fee as provided in Section 1176.

   (g)   The decision of the Director to issue, deny, revoke, suspend, modify or renew a permit may be appealed to the Board of Appeals in the manner prescribed in Article I, Part III of the San Francisco Municipal Code.

   (h)   The Director's action shall be final unless an appeal, if provided by this Article, is filed in a timely manner.

(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 348-92, App. 11/18/92; Ord. 399-97, App. 10/17/97)

SEC. 1138. REMEDIES NOT EXCLUSIVE.

   Remedies under this Section are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

(Added by Ord. 164-92, App. 6/10/92)

DIVISION V PUBLIC DISCLOSURE AND TRADE SECRETS

SEC. 1140. MAINTENANCE OF FILES.

   The Health Department shall maintain files of all application forms and supporting materials received from persons, businesses and establishments subject to the requirements of this Article, and shall provide for a central data bank of health and safety information. These files shall be open to the public for inspection, by appointment, and for reproduction upon payment of a fee during normal business hours at an office designated by the Director of Health. Computer data shall be provided in a form to be determined by the Director of Health. Said form shall be easily intelligible to the general public. Files required to be maintained pursuant to this Section shall be kept for a period of five years, after which they may be destroyed.

(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

SEC. 1141. PUBLIC DISCLOSURE.

   (a)   Any person may request information regarding hazardous materials at an establishment from the Director of Health in accordance with this Section. Upon any request for a copy of records, the Director of Health shall, within 10 working days after receipt of such request, take either of the following actions:

      (1)   Provide the information requested to said person; or

      (2)   Notify said person that the Director of Health has determined:

         (A)   That the provision of the requested information will take longer than 10 working days because of the extensive amount or complicated nature of the information requested, or

         (B)   That said request for information is denied, and the reasons therefor.

      In the event of a medical emergency, the Director of Health and/or the Chief of Department shall take all measures necessary to obtain the information immediately.

   (b)   The Director of Health shall maintain, for a reasonable period of time, a record of all persons who request access to the application forms and supporting materials. The record shall include:

      (1)   The person's name, address and telephone number;

      (2)   The name and address of the person, business or governmental agency such person represents; and

      (3)   The identity of the specific file(s) examined or requested to be copied.

   (c)   The provisions of this Article are not intended to impair the power of the Director of Health to refuse to disclose information where the Director determines, pursuant to the California Public Records Act, that the public interest served by nondisclosure outweighs the public interest served by disclosure.

(Added by Ord. 164- 92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

SEC. 1142. TRADE SECRETS.

   (a)   If a person or business believes that any information required to be reported or disclosed by this Article involves the release of a trade secret, the person or business shall provide the information to the Department and shall notify the Department in writing of that belief. The Department shall not disclose any properly substantiated trade secret which is so designated by a person or business except in accordance with this Section and Section 25511 of the Health and Safety Code.

   (b)   Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protection against disclosure as specified by such official or in accordance with the laws of the United States.

   (c)   The location of explosives stored by the San Francisco Police Department and other law enforcement or government agencies shall not be disclosed.

   (d)   Information designated as a trade secret may be disclosed to:

      (1)   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;

      (2)   Persons or businesses contracting with the City and County and their employees if, in the opinion of the Director of Health, such disclosure is necessary and required for the satisfactory performance of the work to be done under the contract or to protect the health and safety of the employees of the contractor;

      (3)   Any physician where the physician certifies in writing to the Director of Health that such information is necessary to the medical treatment of a patient; where the Director determines that a medical emergency exists, the Director may waive the written certification; or

      (4)   Health professionals (i.e., physician, industrial hygienist, toxicologist, epidemiologist, or occupational health nurse) in a nonemergency situation where the request is in writing and the request describes in reasonable detail the medical need for the information.

   (e)   When the Director of Health receives a request for information pursuant to Section 1141 and the registrant or permittee has designated as a trade secret the information sought, the Director of Health shall notify the registrant or permittee in writing of said request by certified mail. The Director of Health may release the information 30 days after the date of mailing said notice, unless prior to the expiration of said 30-day period, the registrant or permittee institutes and thereafter prosecutes in a timely manner an action in a court of competent jurisdiction claiming that the information is subject to protection as a trade secret under California law and seeking an injunction prohibiting disclosure of said information to the general public.

   (f)   In adopting this Article, 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.

   (g)   This Section is not intended to empower a registrant or permittee to refuse to disclose any information including, but not limited to, trade secrets, to the Director of Health either in obtaining a certificate of registration or permit or upon demand by the Director.

   (h)   Notwithstanding any other provision of this Article, any officer or employee of the City and County, or former officer or employee or contractor with the City or employee thereof, who by virtue of such employment or official position has obtained possession of 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 wilfully discloses the information in any manner to any person or business not entitled to receive it, shall be guilty of a misdemeanor.

   (i)   The Director of Health shall advise any person or business to whom a trade secret is disclosed pursuant to this Section that the disclosure thereof, except as authorized by this Section, constitutes a misdemeanor.

(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)