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(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
In order to carry out the purposes of this Article, the Director of Health, or any duly authorized representative, has the authority specified in Section 25508 of Chapter 6.95 of the California Health and Safety Code, to inspect any establishment, building or premises subject to registration under this Article, including any place where an underground storage tank is located or records relevant to its operation are kept, or any place where the Director has reason to believe an unauthorized release of a hazardous material has occurred, is occurring or is threatening to occur. The Director of Health, or any duly authorized representative, has the authority specified in Section 25185.5 of Chapter 6.5 of the California Health and Safety Code, with respect to real property which is within 2,000 feet of any place specified above. The authority conferred by this Section includes the authority to conduct any monitoring or testing of an underground storage tank system and to inspect for hazardous materials in addition to hazardous waste. This right of entry shall be exercised only at reasonable hours, and entry shall be made to any establishment or property only with the consent of the owner or tenant thereof, or with a proper inspection warrant or other remedy provided by law to secure entry. The Director shall cause to be corrected any conditions which would constitute a violation of this Article or of any other statute, code, rule, or regulation affecting the handling of hazardous materials.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
(a) The registrant or permittee shall conduct regular inspections of its own establishments at least quarterly to assure compliance with this Article and shall maintain logs or file reports as required by the Director of Health. Documentation of inspections shall be kept either on forms provided by the Director of Health or on alternate forms, provided that the alternate forms contain all of the information found on the forms provided by the Director. Documentation of inspections shall be made available by the registrant or permittee upon request.
(b) The Director of Health may require the owner or operator of an underground storage tank, upon request, to submit any information relevant to the compliance with this Article, to conduct monitoring or testing, and to report the results of that monitoring or testing under penalty of perjury.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 168-95, App. 5/26/95)
In addition to the inspections specified above, the Director of Health may require the periodic employment of special inspectors to conduct an audit or assessment of a registrant or permittee's establishment to make a hazardous material safety evaluation and to determine compliance with the provisions of this Article.
(a) An inspector shall demonstrate expertise in proper containment of hazardous materials to the satisfaction of the Director of Health in order to qualify as a special inspector.
(b) The special inspection report shall include an evaluation of the establishment and its storage facilities and recommendations consistent with the provisions of this Article where appropriate. A copy of the report shall be filed with the Director of Health at the same time that it is submitted to the registrant or permittee.
(c) The registrant or permittee shall, within 30 days of said report, file with the Director of Health a plan to implement all recommendations, or shall demonstrate to the satisfaction of the Director of Health why such recommendations shall not be implemented.
(Added by Ord. 164-92, App. 6/10/92)
An inspection by an employee of any other public agency may be deemed by the Director of Health as a substitute for any requirement of Section 1161.1 upon determination by the Director of Health that said employee is qualified to make such an inspection.
(Added by Ord. 164-92, App. 6/10/92)
All records required by this Article shall be maintained by the person or business at the establishment and said records shall be made available to the Director of Health for inspection during normal working hours and upon reasonable notice.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
DIVISION VIII
MISCELLANEOUS
MISCELLANEOUS
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