SEC. 22A.3. APPLICABILITY OF ARTICLE.

   An applicant shall comply with this Article as specified by San Francisco Building Code Section 106A.3.2.4.

(Added as Sec. 1221 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.4. WAIVER OF REQUIREMENTS FOR COMPLIANCE.

   The Director may waive the requirements imposed by this Article if the applicant demonstrates that the property has been continuously zoned as residential under the City Planning Code since 1921, has been in residential use since that time, and no evidence has been presented to create a reasonable belief that the soil and/or groundwater may contain hazardous substances. In these circumstances, the Director shall provide the applicant and the Director of Building Inspection with written notification that the requirements of this Article have been waived.

(Added as Sec. 1222 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.5. DIRECTOR'S DISCRETIONARY AUTHORITY TO REQUIRE COMPLIANCE.

   In addition to those areas defined pursuant to Section 22A.3, the Director has authority to require soil and/or groundwater analysis pursuant to the provisions of this Article as part of any building permit application when the Director has reason to believe that a hazardous substance may be present in the soil and/or groundwater at the property.

(Added as Sec. 1223 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.6. SITE HISTORY.

   (a)   The applicant shall provide to the Director a site history for the property, prepared by an individual with the requisite training and experience, as described in regulations adopted pursuant to Section 22A.14. The site history shall contain a statement indicating whether the property is listed on the National Priorities List, published by the United States Environmental Protection Agency pursuant to the federal Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9604(c)(3) or listed as a hazardous substance release site by the California Department of Toxic Substances Control or the State Water Resources Control Board pursuant to the California Hazardous Substances Account Act, California Health and Safety Code Section 25356, which sites shall not be subject to San Francisco Department of Public Health jurisdiction. The site history shall also include results of a permit records search investigating the history of permitted uses on the site, as well as any known or discovered unpermitted uses or activities on site, to the extent such information is available, that would generate a reasonable expectation that hazardous substances may be present in the soil and/or groundwater. The applicant shall file the site history with the Director and the Director shall accept the report if the requirements of this section are met. If the site history does not comply with the requirements of this Section, the Director shall notify the applicant in writing within 30 days of receipt of the report, indicating the reasons the report is unacceptable.

   (b)   If the site history indicates that there is no information that hazardous substances may be present in the soil or groundwater at concentrations exceeding either the Department of Toxic Substances Control's or Regional Water Quality Control Board's health risk levels, or other applicable standards, given the intended use, the Director shall provide the applicant and the Director of Building Inspection with written notification that the applicant has complied with the requirements of this Article.

(Added as Sec. 1224 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.7. SUBSURFACE SAMPLING AND ANALYSIS.

   (a)   Analysis of Sampled Soil and/or Groundwater. Unless the Director provides written notification that the applicant has complied with the requirements of this Article as provided in Section 22A.6(b) or 22A.9(a), the applicant shall submit a work plan to the Director for soil and/or groundwater sampling and testing. The applicant shall demonstrate in the work plan how the sampling and testing requirements of this Section will be satisfied, including the sampling locations, sampling protocol, laboratory analyses to be conducted on the samples, and any other information required by the Director to provide an accurate assessment of hazardous substances present at the site that may be disturbed, or may cause a public health or safety hazard given the intended use. Upon approval of the work plan by the Director, if so directed by the Department of Public Health, the applicant shall cause a Qualified Person to take, or supervise the collection of soil samples on the property to determine the presence of hazardous substances in the soil and/or samples of groundwater, as determined by the Department of Public Health. The applicant shall cause a qualified person to conduct tests for hazardous substances that will accurately assess the site, as determined by the Director.

   (b)   Such tests as referenced in subsection (a), may include the following types of hazardous substances:

      (1)   Inorganic persistent and bioaccumulative toxic substances as listed in Section 66261.24(a)(2)(A) of Title 22 of the California Administrative Code;

      (2)   Volatile organic toxic pollutants as listed in 40 Code of Federal Regulations, Part 122, Appendix D, Table II;

      (3)   PCBs;

      (4)   pH levels;

      (5)   Cyanides;

      (6)   Methane and other flammable or volatile gases;

      (7)   Total petroleum hydrocarbons;

      (8)   Semi-volatile compounds;

      (9)   Hazardous substances designated by the Director pursuant to Section 22A.14; and

      (10)   Any hazardous substance that the Director, after an examination of the site history, has reason to conclude may be present on the property. The Director shall make any such determination within 30 days of filing by the applicant of the site history.

   (c)   Procedures for Soil and/or Groundwater Sampling. Soil and/or groundwater sampling shall be conducted in accordance with procedures for sampling soils and/or groundwater approved by the California Department of Toxic Substances Control or the State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board. The Director shall maintain a list of such approved sampling procedures.

   (d)   Testing of Samples. Samples shall be analyzed by a certified laboratory in accordance with methods for analyzing samples for the presence of hazardous substances approved by the California Department of Toxic Substances Control or the State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board.

(Added as Sec. 1225 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.8. SUBSURFACE ANALYSIS REPORT.

   (a)   Contents. The Applicant shall cause a Qualified Person to submit a soil and/or groundwater analysis report prepared by the persons conducting the soil and/or groundwater sampling and analysis to the Director and to other agencies as directed by the Director. The report shall include the following information:

      (1)   The names and addresses of the Qualified Persons who conducted or supervised the soil and/or groundwater sampling, and the soil and/or groundwater analysis and who prepared the report;

      (2)   An explanation of the sampling and testing methodology;

      (3)   The results of the soil and/or groundwater analyses;

      (4)   Whether any of the analyses conducted indicate the presence of a hazardous substance and, for each, the level detected and the State and federal minimum standards for public health risks, if any;

      (5)   If applicable, a statement that the Qualified Person, after examination of the site history and sampling data, has no reason to conclude that hazardous substances, other than those listed in Section 22A.7(a)(1) through (a)(10), are likely to be present on the property;

      (6)   If applicable, as statement that the Qualified Person, based upon the analyses conducted, recommends site mitigation given the intended use of the site.

   (b)   Review by Director. The Director shall determine whether the soil and/or groundwater sampling and analyses required by this Article were conducted in accordance with the approved work plan and whether the report required by this Section is complete. If the soil and/or groundwater sampling or analyses were not conducted in accordance with the approved work plan or the report does not comply with the requirements of this Section, the Director shall notify the applicant in writing within 30 days of receipt of the report, indicating the reasons the report is unacceptable. A copy of the notification shall be sent to the Director of Building Inspection. Until the Director certifies a report as final, the Director may require additional soil and/or groundwater sampling and analysis.

   (c)   No Hazardous Substances Present. If the soil and/or groundwater sampling and analysis report indicates that there are no hazardous substances present in the soil and/or groundwater that exceed the Department of Toxic Substances Control's or Regional Water Quality Control Board's public health risk levels, or other applicable standards, given the intended use, the Director shall provide the applicant and the Director of Building Inspection with written notification that the applicant has complied with the requirements of this Article.

(Added as Sec. 1226 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.9. KNOWN HAZARDOUS SUBSTANCE SITE; HUNTERS POINT SHIPYARD.

   (a)   At the request of an applicant, the Director may determine that one or more of the requirements of this Article have been met if an applicant provides satisfactory documentation to the Director that the applicant or other party responsible for the site conditions, has completed a process equivalent to the process required by this Article under the oversight of a federal or state agency with jurisdiction to oversee the investigation and remediation of hazardous substances at the site and the process has taken into account the intended use for which the applicant seeks a building permit.

   (b)   Applicant's activities on the Hunters Point Shipyard, as defined in Article 31, are governed by Article 31 of the Health Code and not by this Article.

(Added as Sec. 1227 by Ord. 35-99, App. 3/12/99; amended by Ord. 204-10, File No. 100575, App. 8/3/2010; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)