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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)
Whenever an unauthorized release occurs at an establishment, the Department may inspect the establishment to determine whether continued hazardous materials handling at such establishment is suitable or whether the establishment should be subject to enforcement action. In making such a determination, the Director of Health shall consider the age of the establishment, the methods of containment, the concentration of the hazardous materials contained, the severity of a potential unauthorized release, and the suitability of other long-term preventive measures that meet the objectives of this Article. Enforcement action may be taken by the Director of Health as set forth in this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
(a) Any owner of real property having reason to believe that an abandoned UST or establishment containing hazardous materials ("hazardous materials establishment") is located on or under the real property or is located under the surface of any improved or unimproved public street, sidewalk, alley, court or other place dedicated for or subject to an easement for public access that is immediately adjacent to the real property shall make a reasonable effort to locate and identify such a hazardous materials establishment or UST. Whenever an abandoned hazardous materials establishment or UST is located, said owner of real property shall file a plan for the closing or the upgrading and registering or permitting of such hazardous materials establishment or UST within 30 days of its discovery. The closure plan shall conform to the standards specified in Section 1154 and regulations promulgated by the Director of Health.
(b) In the event that the Director of Health has reason to believe that an abandoned hazardous materials establishment or UST is located on or under any real property within the City and County of San Francisco, the Director shall notify in writing the owner of the real property that an abandoned hazardous materials establishment or UST may be located on or under the real property and compliance with this Article is required. If the Director has reason to believe that an abandoned hazardous materials establishment or UST is located under the surface of any improved or unimproved public street, sidewalk, alley, court or other place dedicated for or subject to an easement for public access, the Director shall provide the notice to the owner of the immediately adjacent property.
(c) If any other City official notifies a person, business or other responsible party of the existence of an abandoned hazardous materials establishment or UST on or under the person's property or under public property adjacent to the person's property, the official shall send a copy of the notification to the Director of Health. The Director of Health shall cooperate with such City official to ensure that the abandoned hazardous materials establishment or UST is registered or permitted or closed in conformity with this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
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