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The degree of protection required by this Article is considered to be reasonable for regulatory purposes. 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 in accordance with 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.
In undertaking to require Applicants to comply with this Article, 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 itself or on its officers and employees, any obligation for breach of which it is liable for money damages to any person who claims that such breach proximately caused injury.
All inspections specified or authorized in this Article shall be conducted 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. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)
All departments, boards, commissions and agencies of the City and County of San Francisco that authorize construction or improvements on land under their jurisdiction under circumstances where no building, grading, street use or other permit or approval is required pursuant to the San Francisco Municipal Codes shall adopt rules and regulations to insure that the procedures set forth in this Article are followed. The San Francisco Redevelopment Agency and the departments of Public Health, Public Works, and Building Inspection shall assist other departments, boards, commissions and agencies to ensure that these requirements are met.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)
Upon receipt of a site evaluation report from an Applicant, the Director shall determine whether the Prescribed Subsurface Activity Area is subject to the provisions of the California Integrated Waste Management Act (Cal. Public Resources Code § 40000 et seq.) as amended, relating to development on or near a former landfill disposal site. In making this determination, the Director may consult with the Local Enforcement Agency and the California Integrated Waste Management Board.
(a) For any Prescribed Subsurface Activity Area or portion thereof that is subject to such provisions, the Director shall require the Local Enforcement Agency to approve proposed land uses and determine any necessary protective measures or requirements to the extent necessary to comply with California Code of Regulations, Title 27, Chapter 3, Subchapter 4, Article 6 (Section 20917 et seq.) and Subchapter 5 (Section 20950 et seq.), as amended.
(b) For any Prescribed Subsurface Activity Area or portion thereof that is located within 1,000 feet of a former landfill disposal site, but which is not subject to the above- referenced provisions of the California Integrated Waste Management Act, the Director shall review any proposed structures to ensure that the construction or use of the structure will not pose a threat to public health and safety or the environment. In making this determination, the Director shall consider the potential for adverse impacts on public health and safety and the environment, taking into account the following: the amount, nature and age of solid waste in the landfill disposal area; current and projected gas generation; effectiveness of existing controls; proximity of the proposed land uses to landfill disposal area; and other relevant geographic or geologic features. Based on these factors, the Director shall determine whether the structure must be designed and constructed in accordance with the following measures or requirements (or other design providing an equivalent degree of protection against gas migration into the structure): installation of a geomembrane or equivalent system with low permeability to landfill gas between the concrete floor slab of the structure and subgrade; installation of a permeable layer of open graded material of clean aggregate with a minimum thickness of 12 inches between the geomembrane and the subgrade or slab; installation of a geotextile filter to prevent the introduction of fines into the permeable layer; installation of perforated venting pipes, designed to operate without clogging, within the permeable layer; construction of a venting pipe with the ability to be connected to an induced draft exhaust system; installation of automatic methane gas sensors within the permeable gas layer, and inside the structure to trigger an audible alarm when methane gas concentrations are detected; and/or appropriate periodic methane gas monitoring, including monitoring inside structures, with reporting requirements and a contingency and mitigation plan.
For purposes of this section, "structures" shall include: buildings, subsurface vaults, utilities or any other buildings or areas where potential gas buildup would be of concern.
(c) If the Director determines under subsections (a) or (b) of this Section that protective measures or requirements are necessary, the Director shall inform the relevant department in writing that such measures or requirements must become conditions of the permit or improvement plan.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)
(a) Pursuant to the procedures specified in Section 1170 of the Health Code, the Director may adopt rules, regulations and guidelines, including maps, necessary or appropriate to implement this Article.
(b) Regulations promulgated by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.
(c) The Director shall maintain and update project files as site data is received pursuant to this Article and provide public access to the files and site data.
(d) The Director shall maintain for public distribution a map that reflects the boundaries of each Parcel of the Hunters Point Naval Shipyard. The map shall include former landfill disposal sites and a line representing the 1,000 foot perimeter from those sites. For Parcel A, the Director shall adopt a map showing historic fill areas and utility lines existing prior to the date of transfer of Parcel A from Navy ownership.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)
The Director is authorized to charge the following fees to defray the costs of document processing and review, consultation with Applicants, and administration of this Article: for Fiscal Year 2010-2011, the fees are as follows: Application Fee = $592 for up to three hours of document review/consultation and $197 for each additional hour, including site visits. No later than April 15 of each year, the Controller shall adjust the allowable fees 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. 6-05, File No. 041664, App. 1/8/2005; Ord. 204-10, File No. 100575, App. 8/3/2010)
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