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(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)
(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)
DIVISION VI
UNAUTHORIZED RELEASES AND CLOSURES OF ESTABLISHMENTS OR UNDERGROUND STORAGE TANKS
UNAUTHORIZED RELEASES AND CLOSURES OF ESTABLISHMENTS OR UNDERGROUND STORAGE TANKS
No person shall deposit, discharge or dispose of any hazardous material or container holding a hazardous material upon any public street, sidewalk, park or other public right-of-way or public place or deposit, discharge or dispose of any hazardous material or container holding a hazardous material in a receptacle intended for refuse collection unless authorized by this Article or other applicable code or federal or State law. No person shall handle a hazardous material in such a manner as to cause or threaten to cause an unauthorized release of hazardous material to any public place or any parcel, lot, lands, water or waterways within the City and County of San Francisco.
(Added by Ord. 164-92, App. 6/10/92)
(a) As soon as a person or business or any employee, authorized representative, agent or designee of the business or other person who is required to have a certificate of registration has reason to conclude that an unauthorized release of a hazardous material may have occurred at an establishment, such person or business or any employee, authorized representative, agent or designee of the business or other person shall immediately notify the Department and the California Office of Emergency Services if required by that agency's regulations under the circumstances.
(b) Any person who owns or operates an underground storage tank or who causes an unauthorized release at an underground storage tank site shall comply with all requirements of Chapters 6.7 and 6.75 of California Health and Safety Code (commencing with Section 25280) with respect to an unauthorized release.
(c) The responsible party or parties of a hazardous materials release site cleanup shall be responsible for the cleanup of any unauthorized or uncontrolled release and shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
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