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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)
In addition to any other provisions of this Article, fraud, willful misrepresentation, or any willfully inaccurate or false statement in any report required by this Article shall constitute a violation of this Article.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)
The Director shall have authority to administer and enforce all provisions of this Article and may enforce the provisions of this Article by any lawful means available for such purpose, including taking any action authorized pursuant to Article 21, Sections 1133(a)-(d), (f), and (h)-(i) of the Health Code.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)
An Applicant must comply with institutional controls included in any deed conveying ownership from the United States Navy to the San Francisco Redevelopment Agency pursuant to a final FOST or FOSET or included in any recorded covenant to restrict use of property containing environmental restrictions to the extent such institutional controls apply to activities authorized by a permit or improvement plan subject to this Article. The Director will advise the relevant department of the specific requirement pursuant to the deed; require compliance with the institutional controls as a condition of the permit or improvement plan; and coordinate with the relevant department to monitor and enforce compliance with such institutional controls.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)
This section applies to property determined by the applicable ROD to be suitable for unrestricted residential use that is transferred without a requirement for a durable cover or engineered cap.
(a) An Applicant must submit the following, satisfactory to the Director, as further specified in regulations adopted by the Director: (i) Site Evaluation Report; (ii) Dust Control Plan; (iii) Unknown Contaminant Contingency Plan; (iv) Disposal Plan (if applicable); (v) Site Specific Health and Safety Plan; (vi) Soil Importation Plan (if applicable), (vii) Foundation Support Piles Installation Plan (if applicable), (viii) a determination of whether additional information is necessary to adequately characterize the Prescribed Subsurface Activity Area, and (ix) for areas that undergo demolition of structures with lead based paint, a scope of work to collect additional information as described in the regulations. The plans required by (ii)-(ix) must be specific to the activities to be conducted under a permit or improvement plan.
The Director shall review the site evaluation report and advise the Applicant on whether additional information is necessary as follows:
(1) In unrestricted residential parcels, if the Prescribed Subsurface Activity Area has already been evaluated in a Site Evaluation Report in the past and a Closure Report for the Prescribed Subsurface Activity Area was approved by the Director and the Closure Report included verification of: (i) the placement of at least one foot of clean imported fill or equivalent on areas with fill containing naturally occurring asbestos; or (ii) that the Area was cut into native bedrock and properly covered, if necessary, to address any concerns about naturally occurring asbestos; or (iii) that the Area has no naturally occurring asbestos concerns; then no site history, data evaluation, sampling or additional characterization will be necessary with respect to such Prescribed Subsurface Activity Area.
(2) Unrestricted residential property that does not meet the criteria provided in subdivision (1) will be evaluated as follows:
(A) Tier I Areas. If a portion of a Prescribed Subsurface Activity Area has been used continuously only for residential purposes, or is not located on historic fill (as defined in a map maintained by the Director pursuant to Section 3107(e)), or is not or has not been underlain by Navy utility lines (as defined on a map maintained by the Director pursuant to Section 3107(e)), and, in any case, there is no evidence that hazardous substances are present, no additional information or sampling will be necessary with respect to such portions of the Prescribed Subsurface Activity Area. The Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article as to such portions, and must comply with the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and all laws applicable to soil removal and off-site disposal.
(B) Tier II Areas. In portions of Prescribed Subsurface Activity Area other than those described as Tier I, if the Director determines that such portions are adequately characterized, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article as to such portions, and must comply with the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and all laws applicable to soil removal and off-site disposal. If the Director determines that additional information is necessary to adequately characterize portions of the Prescribed Subsurface Activity Area, the Applicant must submit a proposed scope of work for a supplemental site evaluation in accordance with regulations adopted by the Director. Upon approval of the scope of work by the Director, the Applicant shall implement the scope of work and prepare a supplemental site evaluation report summarizing the new information.
(a) If the supplemental site evaluation report shows that there is no existing contamination that exceeds the screening criteria established by the Director by regulation, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and all laws applicable to soil removal and off-site disposal.
(b) If the supplemental site evaluation report shows that there is existing contamination that exceeds the screening criteria established by the Director and the Applicant wishes to retain that soil in the Prescribed Subsurface Activity Area or elsewhere within unrestricted residential property, the Applicant must prepare and submit to the Director a risk evaluation report and a site mitigation plan demonstrating the property can still be used for unrestricted residential purposes consistent with the FOST. The site mitigation plan must include the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and may include a deed notice, provided that any notice is consistent with use for unrestricted residential purposes. The Director must review and approve the risk evaluation report and the site mitigation plan. Upon approval of these documents, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the site mitigation plan and all laws applicable to soil removal and off-site disposal.
(b) If the Director finds that the Applicant intends to remove soil from the Prescribed Subsurface Activity Area and dispose of that soil off-site, then the Director shall find that, as to that soil, no additional information is necessary and shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and all laws applicable to soil removal and off-site disposal.
(c) Upon completion of the activity authorized by the permit or improvement plan, the Applicant shall submit a Closure Report to the Director including: additional information or data obtained, including information on unanticipated conditions; correcting any information previously submitted; and certifying implementation of the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, any applicable risk management or site mitigation plan and all laws applicable to soil removal.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)
(a) For property which is subject to a deed restriction or covenant to restrict use of property containing an environmental restriction requiring a durable cover or engineered cap the Applicant shall submit to the Director (i) Site Evaluation Report; (ii) Dust Control Plan; (iii) Unknown Contaminant Contingency Plan; (iv) Disposal Plan (if applicable); (v) Site Specific Health and Safety Plan; (vi) Soil Importation Plan (if applicable); (vii) Foundation Support Piles Installation Plan.
The Applicant will also submit verification to the Director of the following:
(b) for property that is currently subject to an Administrative Order on Consent (AOC) and is therefore subject to the regulatory oversight of the EPA, the Applicant must submit proof that it is complying with all environmental documents and restrictions, including without limitation as applicable, the AOC, ETCA, CRUP, LUC RD, pre-Remedial Action Closeout Report (pre-RACR) Risk Management Plan (RMP), post-RACR RMP and Operation and Maintenance Plan (OMP). Proof of compliance can be: (i) a letter from EPA detailing the compliance; (ii) a report or checklist, as required by the document; or (iii) any other form acceptable to the Director demonstrating compliance.
(c) for property that is no longer subject to an Administrative Order on Consent (AOC) or that was never subject to an AOC, the Applicant must submit proof that it is complying with all environmental documents and restrictions that are applicable to the property, including without limitation as applicable, an ETCA, CRUP, pre-RACR RMP, post-RACR RMP, and OMP. Proof of compliance can be: (i) a report or checklist, as required by the document; or (ii) any other form acceptable to the Director demonstrating compliance.
(d) Whether or not an AOC is in effect for the property:
(i) if an RMP for the property includes a requirement for a Dust Control Plan and if EPA already has approved the RMP and Dust Control Plan, then the Applicant is required only to submit a copy of the approved Dust Control Plan and approval letter from EPA as proof of compliance with the Dust Control Plan requirement. However, if the EPA approved Dust Control Plan does not include specification of particulate monitoring equipment, site specific monitoring location requirements, or action levels then the Director may require submittal of this information.
(ii) if an RMP for the property includes a requirement for a Site Specific Health and Safety Plan and if EPA has already approved the RMP and the Site Specific Health and Safety Plan, then the Applicant is required only to submit a copy of the approved Site Specific Health and Safety Plan and approval letter from EPA as proof of compliance with the Site Specific Health and Safety Plan requirement.
(iii) if an RMP for the property includes a requirement for a Soil Importation Plan and if EPA has already approved the RMP and the Soil Importation Plan, then the Applicant is required only to submit a copy of the approved Soil Importation Plan and approval letter from EPA as proof of compliance with the Soil Importation Plan requirement.
(e) Upon completion of the activity authorized by the permit or improvement plan, the Applicant shall submit a Closure Report to the Director including: additional information or data obtained, including information on unanticipated conditions; corrections as to any information previously submitted; and certifications of implementation of the plans listed in Section 3115 (a)(ii)-(vii), and all laws applicable to soil removal.
(Added by Ord. 204-10, File No. 100575, App. 8/3/2010)
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