Loading...
The Director may adopt and from time to time amend reasonable rules, regulations and guidelines consistent with and implementing the provisions of this Article. Prior to adoption of any rule or regulation under this Article, the Director 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. Rules and regulations shall be approved by the Health Commission at a public hearing. In addition to the notices required by law, the Secretary of the Health Commission shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Health Commission for notice of hearings on hazardous waste regulation. Regulations promulgated by the Director and approved by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.
(Added by Ord. 279-91, App. 7/3/91)
No person shall sell, transfer, or deliver any CFC suitable for use as a refrigerant in a motor vehicle air-conditioning system in a container which contains less than 20 pounds of such refrigerant, except to a person or establishment issued either a permit under Section 1406 of this Article, or a certification in compliance with federal law.
(Added by Ord. 279-91, App. 7/3/91)
(a) No person engaged in the profession, trade or business of installation, repair, or dismantling of motor vehicles, shall install, repair or dismantle any motor vehicle air-conditioning system except in compliance with a permit issued by the Director.
(b) No person engaged in the profession, trade or business of installation, repair, or dismantling of motor vehicles, shall dispose of or cause the disposal of any motor vehicle air-conditioning system without first extracting CFC refrigerants in compliance with a permit issued by the Director.
(1) Intentionally release CFCs to the environment; or
(2) Add CFC refrigerant to any motor vehicle air conditioning system without first checking the system for leaks and ensuring that no detectable leaks exist.
(d) Failure of any person subject to this Section to ensure the integrity of a motor vehicle air-conditioning system before adding refrigerant, other than as a means solely for identifying the location of any leaks, shall constitute an intentional release.
(e) For purposes of this Article, the owner or operator of an establishment at which motor vehicle air-conditioning systems are installed, repaired, or dismantled shall be considered a person engaged in the profession, trade or business of installation, repair, or dismantling of motor vehicles.
(Added by Ord. 279-91, App. 7/3/91)
(a) Permits shall require that all installation, repair, dismantling, or disposal of motor vehicle air-conditioning systems be performed by persons trained in accordance with Section 1406(c), using approved CFC recycling equipment in conformity with such training to prevent the release of CFCs.
(b) Every person subject to Section 1405(a) or 1405(b) shall file an application for a permit within 90 days of the effective date of this Article or of commencing operations, whichever is later. Permit applications may be filed by the owner or operator of an establishment to include one or more employees, but a separate permit application shall be filed for each establishment at which persons subject to Section 1405 are employed. The application shall be accompanied by the appropriate fees as set forth in this Article. The application form shall require a description of the approved CFC recycling equipment used by the applicant, a certification that such equipment is in proper operating condition, and such other information as the Director deems relevant. Application forms shall be provided by the Department upon request of the applicant.
(c) The permit applicant shall provide written certification that the applicant and each establishment employee engaged in the installation, repair, dismantling, or disposal of motor vehicle air-conditioning systems, has completed a training course in the standards for proper use of approved CFC recycling equipment, and in the standards for recovery and recycling of used CFCs from motor vehicle air-conditioners, which standards shall be at least as stringent as the Society of Automotive Engineers standard SAE J-1989.
(d) Upon receipt of a completed application and fees, the Director may inspect the equipment or establishment described in the application, or request additional information from the applicant. The Director shall not issue a permit until satisfied that the applicant has met the requirements of this Article.
(e) Permits shall be valid for one year from the date of issuance and are not transferable. Applicants for permit renewal shall file a new application as provided under Sections 1406(b) and 1406(c). The permittee shall file the permit renewal application with the Director no later than 15 days before the expiration date of the previous permit.
(f) Permits shall require the permittee to notify the Director in writing within 14 days after:
(1) The purchase or installation of any approved CFC recycling system other than the system described in the previous permit application; and
(2) Hiring or employing any person to use approved CFC recycling systems other than persons with training certification approved in the previous permit application.
Upon receipt of the permittee's notice, the Director may require a new permit application, modify the permit, or issue such orders as may be necessary to limit the use of approved CFC recycling systems to persons trained in accordance with this Article.
(g) Permits shall be prominently displayed on the premises of every establishment subject to this Article.
(Added by Ord. 279-91, App. 7/3/91; amended by Ord. 174-04, File No. 040732, App. 7/22/2004)
In addition to any other provisions of this Article, the following acts or omissions shall constitute a violation of this Article:
(a) Fraud, willful misrepresentation, or any willfully inaccurate or false statement in a permit application, or permit renewal application;
(b) Fraud, willful misrepresentation, or any willfully inaccurate or false statement in any report or document required by an order issued pursuant to Section 1409;
(c) Failure to comply with a permit or any order issued by the Director.
(Added by Ord. 279-91, App. 7/3/91)
Loading...