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(a) Prior to initiating installation of any Alternate Water Source project, Project Applicants shall submit to the Director an application for permits to operate Alternate Water Source systems. Such applications shall comply with the requirements of this Article 12C and any regulations the Director has issued. Project Applicants shall pay a non-refundable permit application fee to cover the costs of investigation and processing the application and issuing the permit. Each project application submitted to the Director shall include a Non-potable Water Engineering Report that provides project information the Director determines to be necessary for complete review of the proposed project. City departments may not approve or issue permits for any site installing an Alternate Water Source system unless and until the Director has approved the Non-potable Water Engineering Report.
The Non-potable Water Engineering Report for District systems must include information on the permanent legal agreements between property owners, and provide documentation that each party is a willing and responsible participant in the District Non-potable Water use.
(b) System Design. All buildings using Non-potable Water from Alternate Water Source systems shall include:
(1) A flow meter on the non-potable distribution system to account for Non-potable Water use;
(2) A flow meter on the potable make-up water pipeline to the Alternate Water Source System;
(3) A reduced pressure backflow assembly (RP) within 25 feet of the downstream side of the point of connection or meter to protect the City’s public water and/or recycled water system;
(4) Signage that state law and the Department of Public Health’s rules and regulations require;
(5) Cross connection control in accordance with California Code of Regulations Titles 17 and 22 and the San Francisco Public Utilities Commission’s Cross Connection Control Program; and
(6) Any other requirements the Director determines are necessary to protect public health.
(c) Plumbing Permit. A Project Applicant shall obtain from the Department of Building Inspection an appropriate plumbing permit and any other building or installation permit required to construct, install, alter, an Alternate Water Source system. Each parcel within a District shall obtain appropriate plumbing and any other building or installation permits required.
(d) Encroachment Permit. A Project Applicant shall obtain from the Department of Public Works appropriate authorization for placement of any pipelines or other portions of an Alternate Water Source system within the public right-of-way.
(e) Construction Certification Letter. Project Applicants shall certify to the Director that Alternate Water Source system construction is complete and consistent with the approved Non-potable Water Engineering Report in accordance with the provisions of this Article 12C and any implementing rules and regulations. City departments may not approve or issue a First Certificate of Occupancy or approval for any Alternate Water Source system until the Director has reviewed and verified the Construction Certification Letter.
(Added as Sec. 854 by Ord. 195-12, File No. 120717, App. 9/17/2012, Eff. 10/17/2012; amended by Ord. 208-13
, File No. 130765, App. 10/11/2013, Eff. 11/10/2013; redesignated and amended by Ord. 109-15
, File No. 150350, App. 7/2/2015, Eff. 8/1/2015; amended by Ord. 155-21, File No. 210536, App. 10/8/2021, Eff. 11/8/2021)
(a) The non-refundable application fees for alternative source water system permits are:
(1) | Rainwater, Stormwater, Foundation Drainage | $2,616.28 |
(2) | Graywater | $8,142.66 |
(3) | Blackwater | $13,958.84 |
(4) | Transfer of any permit | $226 |
(5) | District Scale, the applicable amount above, plus | $226 per hour for plan review and/or on-site inspection. |
(b) The fees set forth in this Section 12C.7 may be adjusted each year, without further action by the Board of Supervisors.
Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year’s costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section 12C.7.
Not later than May 15, the Controller shall determine whether the current fees produce, or are projected to produce, revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue that significantly exceed more than the costs of providing the services for which the fees are assessed.
The Controller shall if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the pro- gram recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.
(c) Every permit holder shall also pay an annual license fee as provided in the Business and Tax Regulations Code Section 249.24.
(Added as Sec. 855 by Ord. 195-12, File No. 120717, App. 9/17/2012, Eff. 10/17/2012; amended by Ord. 208-13
, File No. 130765, App. 10/11/2013, Eff. 11/10/2013; redesignated and amended by Ord. 109-15
, File No. 150350, App. 7/2/2015, Eff. 8/1/2015; amended by Ord. 155-21, File No. 210536, App. 10/8/2021, Eff. 11/8/2021)
When the Director determines the Project Applicant has satisfied all the requirements of this Article 12C, the Director may issue an operations permit for an Alternative Water Source system. Permittees shall timely submit all water quality monitoring information required by the provisions of this Article and the Department of Public Health’s rules and regulations. Permittees shall conduct ongoing backflow prevention and cross connection testing in accordance with this Article, the rules and regulations of the Department of Public Health, and all applicable City, state, and federal laws.
When required by the General Manager, the Permittee shall conduct a Non-potable Water use audit describing the extent of Non-potable Water use in accordance with requirements provided by the General Manager.
Permittees shall notify the Director of any intent to sell or transfer the building or facility containing an Alternate Water Source system within 30 days following the sale or transfer of property, in accordance with regulations adopted by the Director.
The Director may inspect any Alternate Water Source system subject to the requirements of this Article 12C to determine compliance with the provisions of this Article and applicable regulations.
Administrative penalties shall be assessed and collected by the Department of Public Health as set forth in this Section 12C.12.
(a) Any Permittee, or other person otherwise subject to the requirements of this Article 12C, who violates any provision of this Article or any applicable rule or regulation shall be subject to an administrative penalty imposed by order of the Director, not to exceed $1,000. Each day or portion thereof that a violation exists constitutes a separate and distinct violation for which an administrative penalty may be imposed. In assessing the amount of the administrative penalty, the Director may consider any one or more of the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, and the willfulness of the violator’s misconduct.
(b) If the Director determines that any Permittee, or other person otherwise subject to the requirements of this Article 12C, is in violation of any provision of this Article or any applicable rule or regulation, the Director shall issue a Notice of Violation to the person. The Notice of Violation shall contain the following information: a description of circumstances or condition constituting the violation; the date by which the person must correct the violation; the amount of the administrative penalty that the Director will impose daily until such time as the person has demonstrated to the satisfaction of the Director that the violation has been corrected; and the right to seek administrative review of the Notice of Violation by filing an appeal within 30 days of the date that the Notice of Violation is served to challenge the Director’s determination and/or the proposed administrative penalty.
(c) If no request for administrative review is timely made, the right to request a hearing shall be waived, and the Director’s determination shall become final. The failure to timely request a hearing shall constitute a failure to exhaust administrative remedies and shall preclude judicial review of the validity of the enforcement action. The Director shall issue an order imposing the administrative penalties, which shall be due and payable within 15 days of the date of the order.
(d) Administrative penalties assessed by the Director shall be paid to the Treasurer of the City and County of San Francisco and credited to the Public Health Environmental Health Code Compliance Fund, authorized by Administrative Code Section 10.100-193.
The Director may order a Permittee to cease operation of an Alternate Water Source system, or may revoke or suspend the permit to operate if the Director determines that:
(a) The Permittee or its managers, operators or any employees has violated any provision of this Article 12C or any regulation issued pursuant to this Article;
(b) The Alternate Water Source system is being operated or maintained in a manner threatening the public health or health of patrons and/or residents; or
(c) The Permittee has refused to allow any duly authorized City official to inspect the premises or the operations of the Alternate Water Source system.
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