(a) Adoption of Rules. The Director may adopt, and may thereafter amend, rules, regulations and guidelines that the Director deems necessary to implement the provisions of this ordinance. For the purposes of this Article, a public hearing before the Health Commission shall be held prior to the adoption or any amendment of the rules, regulations and guidelines recommended for implementation. In addition to notices required by law, the Director shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Director for notice of hearings related to the adoption of rules, regulations and guidelines pursuant to this Section.
(b) Consideration of State and Federal Law. In developing such rules, regulations, and guidelines, the Director shall consider, among other things, State and federal statutes and regulations pertaining to hazardous substances with the purpose of coordinating local regulations with them.
(c) Guidelines for Regulations. Rules, regulations and guidelines may address among others, the following subjects:
(1) Minimum standards for acceptable site histories. The minimum standards shall be designed to assist interested persons including, but not limited to, the Director of Building Inspection, and other state and local public agencies, to evaluate whether analyses, other than those required by Section 22A.7(a)(1) through (a)(10), must be conducted to detect the presence in the soil and/or groundwater of hazardous substances and to determine what analyses are appropriate. These are the minimum standards and the Director may require additional information on the site.
(2) Minimum education and experience requirements for the persons who prepare site histories pursuant to Section 22A.6. In making this determination, the Director shall consider relevant those academic disciplines and practical experience which would qualify an individual to evaluate a property in San Francisco and identify prior uses made of the property that may be relevant in determining whether there are hazardous substances in the soil and/or groundwater and what analyses, if any, are appropriate to identify them.
(3) Precautionary measures to minimize long-term exposure to hazardous substances that cannot be removed or are not required to be removed by the site mitigation plan.
(4) Designation of areas and analyses. Designation of areas in the City, in addition to the areas described in San Francisco Building Code Section 106A.3.2.4, where the Director has reason to believe that the soils or groundwater may contain hazardous substances and the designation of the analyses specified in Section 22A.7 that shall be conducted in each area.
(5) Designation of additional hazardous substances for which analyses must be conducted. The designation shall be based on a determination by the Director that there is a reasonable basis to conclude that such other hazardous substances may be in the soil and/or groundwater. The designation may be made applicable to a specified area or areas of the City or city-wide as determined by the Director.
(6) Waiver from Requirements for Analyses. The exclusion of hazardous substances from the analysis requirements set forth in Section 22A.7 upon a determination that the hazardous substance does not pose a significant present or potential hazard to public health and safety or to the environment.
(Added as Sec. 1232 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)