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(a) Within 15 days after the Director determines the RMP is complete, the Director shall make the RMP available to the public for review and comment for a period of at least 45 days. Upon receiving a written request during the public comment for a public hearing, the Director shall hold a public hearing on the RMP in accordance with Section 1137 of this Code.
(b) The Director shall publish in a daily local newspaper and mail to interested persons and organizations a notice briefly describing and stating that the RMP is available for public review at a specified location.
(c) The Director shall review the RMP and any comments received in accordance with State law.
(Added by Ord. 399-97, App. 10/17/97)
(a) The stationary source shall maintain all records concerning an RMP for a period of at least five years unless otherwise provided in Subpart D of Part 68 of Title 40 of the Code of Federal Regulations.
(b) Any stationary source with one or more covered processes, or any stationary source for which the Director has determined an RMP shall be required, shall comply with the deadlines set forth in Health and Safety Code Section 25536. The RMP shall be implemented in accordance with the Health and Safety Code Section 25535. In addition, any stationary source which is required to submit an RMP in accordance with this Article shall follow all RMP program guidance prepared for stationary sources and distributed by the Director.
(c) The stationary source shall review the RMP and make necessary revisions to the RMP in accordance with State and federal law, or upon order of the Director following a regulatory inspection during which violations are found.
(d) A revised RMP shall be submitted to the Director within 60 days following any modification which would materially affect the handling of a regulated substance.
(e) (1) Any business which was required to prepare, submit and implement a risk management and prevention program pursuant to Article 2, Chapter 6.95 of the Health and Safety Code as it read on December 31, 1996, and which is required to prepare and submit an RMP pursuant to this Article, shall continue to implement the risk management and prevention program until the business has submitted an RMP in accordance with this Article.
(2) Any business which was required to prepare, submit and implement a risk management and prevention program pursuant to Article 2, Chapter 6.95 of the Health and Safety Code as it read on December 31, 1996, and which is not required to prepare an RMP pursuant to this Article is required to comply only with those requirements of Article 2, Chapter 6.95 of the Health and Safety Code that apply to the business.
(3) Any stationary source which was not required to prepare, submit and implement a risk management and prevention program pursuant to Article 2, Chapter 6.95 of the Health and Safety Code as it read on December 31, 1996, but which is required to prepare an RMP pursuant to this Article shall submit and implement an RMP not later than the deadlines specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
(Added by Ord. 399-97, App. 10/17/97)
(a) A stationary source that intends to modify a facility in a manner which may result in either a significant change in the amount of regulated substances handled by the facility or in a significantly changed risk in handling a regulated substance, as compared to the amount of substances and amount of risk identified in the facility's RMP relating to the covered process proposed for modification, shall comply with the requirements of Health and Safety Code Section 25543.2 prior to operating the modified facility. An increase in production up to a stationary source's existing operating capacity or an increase in production levels up to the production levels authorized in a permit granted pursuant to Health and Safety Code Section 42300 shall not constitute a modification for purposes of this Section.
(b) The stationary source subject to this Section shall revise the appropriate documents expeditiously, but not later than 60 days from the date of the facility modification.
(Added by Ord. 399-97, App. 10/17/97)
Pursuant to Government Code Section 65850.2, within five days of submitting a development project application or building permit application to the City and County of San Francisco, the applicant shall certify to the Director whether or not the proposed project will have more than a threshold quantity of a regulated substance in a process. Within 25 days of receipt of such certification and such additional information as the Director deems adequate to determine whether an RMP will be required, the Director shall issue either a notice of requirement to comply with, or determination of exemption from, the requirement for an RMP.
(Added by Ord. 399-97, App. 10/17/97)
(a) In accordance with Health and Safety Code Section 25537, the Director shall inspect each stationary source subject to this Article at least once every three years in order to determine whether the stationary source is in compliance with the requirements of this Article.
(b) The Director may have access to inspect any stationary source subject to this Article and to review all information in the possession of the stationary source which is reasonably necessary to allow the Director to determine the stationary source's compliance with this Article. Upon request by the Director, a stationary source shall provide to the Director information regarding that source's compliance with this Article.
(c) Claims by a stationary source that information required to be provided to the Director under this Article constitutes trade secret information shall be addressed in accordance with Health and Safety Code Section 25538.
(Added by Ord. 399-97, App. 10/17/97)
(a) Where a stationary source subject to the requirements of this Article is also subject to the requirements of Division II of Article 21 for the same substance, compliance with this Article shall be deemed compliance with Division II of Article 21 for that substance to the extent not inconsistent with federal law and the requirements of Division II of Article 21. However, this subsection shall not apply where the requirements imposed for a particular substance under this Article are less stringent than the requirements imposed on a stationary source for the same substance pursuant to Division II of Article 21.
(b) A stationary source that relies on Subsection (a) for compliance with the applicable requirements of Division II of Article 21 shall annually submit to the Director a statement that the stationary source has made no changes required to be reported pursuant to Division II of Article 21, or identifying all reportable changes.
(Added by Ord. 399-97, App. 10/17/97)
(a) Any stationary source that violates this Article shall be civilly liable to the City in an amount of not more than $2,000 for each day in which the violation occurs. If the violation results in, or significantly contributes to, a release or threatened release of any regulated substance, any fire, or any health or medical problem requiring toxicological, health or medical consultation, the stationary source shall also be assessed the full cost of the City emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
(b) Any stationary source that knowingly violates the provisions of this Article after reasonable notice of the violation shall be civilly liable to the City in an amount not to exceed $25,000 for each day in which the violation occurs and upon conviction, may be punished by imprisonment in the County Jail for not more than one year.
(c) Any person or stationary source that violates any rule or regulation, emission limitation, permit condition, order, fee requirement, filing requirement, duty to allow or carry out inspection or monitoring activities, or duty to allow entry imposed pursuant to this Article and for which delegation or approval of implementation and enforcement authority has been obtained by the State pursuant to Subsections (l) and (r) of Section 112 of the Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)) or the regulations adopted pursuant thereto, is strictly liable for a civil penalty not to exceed $10,000 for each day in which the violation occurs.
(d) Any person or stationary source that knowingly makes any false material statement representation or certification in any record, report, or other document filed, maintained, or used for the purpose of compliance with this Article, or destroys, alters, or conceals such document, shall, upon conviction, be punished by a fine of not more than $25,000 for each day of violation, by imprisonment in the County Jail for a period not to exceed one year, or by both fine and imprisonment.
If the conviction is for a violation committed after a first conviction under this subsection, the person or stationary source shall be punished by a fine of not less than $2,000 or more than $50,000 per day of violation, by imprisonment in the State Prison for one, two, or three years or in the County Jail for not more than one year, or both fine and imprisonment.
If a violation under this subsection results in, or significantly contributes to, an emergency, including a fire, to which the City is required to respond, the person or stationary source shall also be assessed the full cost of the City emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
(e) Any person or stationary source that knowingly violates any requirement of this Article, including any fee or filing requirement, for which delegation of federal implementation and enforcement authority has been obtained by the State pursuant to Subsections (l) and (r) of Section 112 of the Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)) or that knowingly renders inaccurate any federally required monitoring device or method, shall upon conviction, be punished by a fine of not more than $10,000 for each day of violation.
(f) If civil penalties are recovered pursuant to Subparagraphs (a), (b) or (c), the same offense shall not be subject to a criminal prosecution pursuant to Subparagraphs (d) or (e). If the Director refers a violation to the District Attorney and a criminal complaint is filed, any civil action brought pursuant to this Article for that offense shall be dismissed.
(Added by Ord. 399-97, App. 10/17/97)
(a) In accordance with the single fee system established pursuant to Health and Safety Code Section 25404.5, stationary sources required under this Article to submit an RMP shall pay the following fees and charges:
(1) RMP Review and Processing Fees. A stationary source that is notified that it must submit an RMP shall pay the following one-time fee to cover the cost of submission review and processing. This fee shall be due at the time the stationary source is notified that it must prepare an RMP:
(A) Program 1 facilities: $1266;
(B) Program 2 or Program 3 facilities: $7,436;
(2) Annual Fee for Stationary Sources. A stationary source that is required to prepare and maintain an RMP shall pay the following annual fee, due at the first billing cycle after the RMP is considered complete by the Director, and annually thereafter:
(A) Program 1 facilities: $180;
(B) Program 2 or Program 3 facilities: $358.
(b) Beginning with fiscal year 2007-2008, no later than April 15 of each year, the Controller shall adjust the fees provided in this Article to reflect changes in the relevant Consumer Price Index, without further action by the Board of Supervisors. In adjusting the fees, the Controller may round these fees up or down to the nearest dollar, half-dollar or quarter-dollar. The Director shall perform an annual review of the fees scheduled to be assessed for the following fiscal year and shall file a report with the Controller no later than May 1st of each year, proposing, if necessary, an adjustment to the fees to ensure that costs are fully recovered and that fees do not produce significantly more revenue than required to cover the costs of operating the program. The Controller shall adjust fees when necessary in either case.
(Added by Ord. 399-97, App. 10/17/97; amended by Ord. 158-99, File No. 990761, App. 6/11/99; Ord. 177-04, File No. 040735, App. 7/22/2004; Ord. 161-08, File No. 080746, App. 7/30/2008)
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