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(a) The procedures of this section apply to underground storage tank sites included in the Underground Storage Tank Local Oversight Program (LOP) through a contract between the City and County of San Francisco and the State Water Resources Control Board pursuant to California Health and Safety Code Section 25297.1.
(b) The Department shall make available to the public a list of current LOP sites.
(c) For purposes of this Article "corrective action plan" means any corrective action plan or workplan submitted to the Department pursuant to Section 2722 of Section 2725 of Title 23 of the California Code of Regulations. For all LOP sites that require a corrective action plan in accordance with State Water Resources Control Board regulations or Department guidelines or regulations, after a responsible party submits to the Department a proposed corrective action plan or modification to a corrective action plan, including a request to terminate a corrective action prior to meeting established clean up levels, the Department shall determine the adequacy of the proposed corrective action plan or modification. If Department staff determine that the proposed corrective action plan or modification is adequate, the Department shall submit a proposed memorandum of findings to the Director of Health for his or her signature.
(d) When the memorandum of findings has been signed and dated, the Director of Health shall prepare a notice of the action, which shall include the name of the property owner, the address of the site, the type of remediation, a summary of the Director's action and instructions for filing a public hearing request.
(e) The Director of Health shall publish the notice by:
(1) Mailing a copy to the responsible party, and if different, the owner of record of the real property on which the LOP site is located;
(2) Posting the notice at City Hall or at the Department of Health offices at 101 Grove Street;
(3) Publishing the notice in a newspaper of general circulation;
(4) For nonresidential LOP sites, posting the notice at the site and mailing the notice to all real property owners within 300 feet of the exterior boundaries of the real property upon which the site is located, using for this purpose the names and addresses of such owners as shown on the latest citywide assessment roll in the office of the Tax Collector. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action;
(5) For residential LOP sites, posting the notice at the site;
(6) Providing the notice in any additional manner that the Director shall deem appropriate, including publishing the notice in non-English publications serving the affected community.
(f) The Director's action shall be final 15 days after the Director's publication of the notice of corrective action plan approval, in a newspaper of general circulation, unless a public hearing is requested as provided in Subsection (g).
(g) 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 action may request a public hearing within 15 days of the Director's publication of a notice of approval of a corrective action plan or modification to a corrective action plan. The Director shall hold a public hearing after giving the notice provided in Section 1137.
(Added by Ord. 348-92, App. 11/18/92)