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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)
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)
(a) Any person or business who owns or operates any establishment or UST subject to the certificate of registration or permit requirements of this Article and the owner of the real property upon which the establishment or UST is located shall either obtain a valid certificate of registration or permit or file a closure plan in accordance with this Section.
(b) Except as otherwise provided in Subsections (e) and (f), the responsible party or parties shall close an establishment or UST in accordance with a closure plan filed with and approved by the Director of Health. The closure plan shall be designed at a minimum to meet the following objectives:
(1) Eliminate the need for further maintenance of the closed storage facility or establishment;
(2) Ensure that a threat to public health or safety or to the environment from residual hazardous materials in the UST or establishment or the release of hazardous materials from the UST or establishment is eliminated; and
(3) Ensure that the removal, disposal, neutralization, or reuse of the hazardous materials that were stored in or released from the UST or establishment is accomplished in an appropriate manner.
(c) The Director may promulgate regulations implementing the closure plan objectives specified in this Section and specifying additional requirements for closure plans that the Director determines are necessary for the protection of public health and safety and the environment.
(d) A person or business shall apply for approval to close such UST or establishment and pay all applicable fees not less than 30 days prior to the termination of the storage of hazardous materials at the UST or establishment.
(e) Notwithstanding Subsection (b), underground storage tanks shall be closed and sites remediated in conformity with all applicable requirements of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280), and implementing regulations of the State Water Resources Control Board and the Health Commission. For a nonresidential site included in the Underground Storage Tank Local Oversight Program (LOP) that requires a corrective action plan pursuant to State Water Resources Control Board regulations or Department guidelines or regulations, the responsible party shall submit to the Department, as part of a proposed corrective action plan, a Community Health and Safety Plan which addresses community health and safety issues reasonably expected to arise during assessment and remediation activities. A Community Health and Safety Plan shall meet the following objectives: assure a safe and healthy environment for the public; minimize hazards, accidents, off-site releases and community exposures due to site activities; and assure an appropriate level of community awareness. In the case of an underground storage tank 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 person that owns or operates the underground storage tank or the owner of the immediately adjacent real property shall be responsible for closure of the underground storage tank, with the exception of an underground storage tank installed solely for the benefit of the City and County of San Francisco.
(f) Notwithstanding Subsection (b), if the closure of any UST or establishment subject to regulation under this Article is within the jurisdiction of any federal or State agency, the Director of Health shall request the appropriate federal or State agency to determine closure requirements for the UST or establishment.
(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)
(a) Any responsible party who undertakes action to remedy the effects of unauthorized release(s) or close an establishment or UST shall not be barred by this Article from seeking to recover appropriate costs and expenditures from other responsible parties.
(b) Each responsible party shall be jointly and severally liable to the City and County of San Francisco for all costs incurred in any closure or remedial action taken by the City pursuant to the provisions of Section 1131 or Section 1133(b) of this Article and the Department's administrative costs for reviewing and approving closure, remedial action and corrective action plans and carrying out the public notice and participation procedures of Section 1143 of this Article. These costs shall constitute a debt payable to the City.
(c) The person or business who handles hazardous materials regulated by this Article shall indemnify, hold harmless and defend the City against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized release or a closure action undertaken in connection with the handling of hazardous materials regulated by this Article by the person or business except as arises from the City's sole willful act or sole active negligence.
(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)
DIVISION VII
INSPECTION AND RECORDS
INSPECTION AND RECORDS
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