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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
(a) The Director of Health shall adopt and, from time to time, may amend reasonable regulations implementing the provisions and intent of this Article. Said regulations shall be approved by the Health Commission at a public hearing. In addition to the notices required by law, before the Health Commission approves the issuance or amendment of any rule or regulation, the Director of Health shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City and County of San Francisco of the intent to issue or amend the rule or regulation.
(b) Regulations promulgated by the Director of Health shall be designed to protect the public health, safety and welfare from the hazards arising from the handling of hazardous materials. In developing such regulations, the Director of Health shall consider, among other things, State and federal statutes and regulations pertaining to hazardous materials and consensus standards such as those published by the National Fire Protection Association (NFPA) with the purpose of coordinating local regulations with them. The Director of Health shall also consult with other City departments, bureaus and commissions and other public agencies with jurisdiction over hazardous materials regulation, in developing said regulations.
(c) Regulations promulgated by the Director of Health and approved by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.
(Added by Ord. 164-92, App. 6/10/92)
(a) The degree of protection required by this Article is considered reasonable for regulatory purposes. The standards set forth in this Article are minimal standards and do not imply that compliance will ensure no unauthorized release of hazardous material. This Article shall not create liability on the part of the City, or any of its officers or employees for any damages that result from reliance on this Article or any administrative decision lawfully made pursuant to this Article. All persons handling hazardous materials within the City should be and are advised to determine to their own satisfaction the level of protection desirable to ensure no unauthorized release of hazardous materials.
(b) In undertaking this program to obtain disclosure of information relating to the location of hazardous materials, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(c) All inspections specified in this Article shall be at the discretion of the City and nothing in this Article shall be construed as requiring the City to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection.
(Added by Ord. 164-92, App. 6/10/92)
Subject to the limitations of due process, notwithstanding any other provision of this Code whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
(Added by Ord. 164-92, App. 6/10/92)
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