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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 4.1:
INDUSTRIAL WASTE
 
Purpose.
Definitions.
Authority of the General Manager.
Emergency Actions.
Right to Enter Premises.
Limitations and Prohibitions.
Permit Provisions.
Permit Process.
Registration by Wastewater Producers.
Reporting and Sampling Requirements.
Variances.
General Manager's Hearings.
General Manager's Hearings for Rules and Regulations.
Industrial Waste Review Board.
Enforcement and Cost Reimbursement.
Penalties.
Liens.
Newspaper Notification of Violations.
Disclosure of Information.
Retention of Discharger Information.
Severability.
Citizen Enforcement Actions.
Control of Fats, Oils and Grease.
Applicability.
Definitions.
Prohibitions and Limitations.
General Requirements.
Grease Capturing Equipment Requirements.
New Construction, Changes in Ownership, and Remodeling.
Maintenance and Operations.
 
SEC. 118.  PURPOSE.
   The purpose of this Article and the City's industrial waste pretreatment program is to protect human health and the environment by preventing the discharge of pollutants into the sewerage system that would: (i) obstruct or damage the system; (ii) interfere with, inhibit or disrupt treatment facilities and processes, or the processing, use or disposal of sludge; (iii) pass through the sewerage system and contribute to violations of regulatory requirements imposed on the City; or (iv) otherwise harm, or threaten to harm human health or the environment.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 119.  DEFINITIONS.
   For the purpose of this Article, the following definitions shall apply:
   (a)   Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
   (b)   Approved Side Sewer. A sewer constructed and maintained in accordance with applicable City laws and regulations.
   (c)   Baseline Monitoring Report. A comprehensive report submitted to the General Manager by certain dischargers pursuant to Section 127. This report shall comply with the requirements of federal regulations at 40 CFR 403.12(b)(1990), which is incorporated by reference in this Article.
   (d)   Bioaccumulative Toxic Substance. A toxic substance that concentrates in living organisms through direct assimilation or accumulation in the food chain, as defined in Title 22, California Code of Regulations and any amendments thereto.
   (e)   Biochemical Oxygen Demand (BOD) Test. The empirical bioassay-type procedure specified in federal regulations at 40 CFR Part 136 (1990) that measures the dissolved oxygen consumed by microbial life while assimilating and oxidizing the organic matter present.
   (f)   Categorical Pretreatment Standard or Pretreatment Standard. A regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency (EPA) in accordance with Sections 307(b) and (c) of the Act.
   (g)   City. The City and County of San Francisco.
   (h)   Class I Permit. An order issued by the General Manager that grants a significant industrial user permission to discharge into the City's sewerage system.
   (i)   Class II Permit. An order issued by the General Manager that grants a minor discharger permission to discharge into the City's sewerage system.
   (j)   Department. Unless otherwise stated, the Public Utilities Commission of the City and County of San Francisco.
   (k)   General Manager. The General Manager of the Public Utilities Commission of the City, or a designated representative of the General Manager.
   (l)   Discharge. The direct or indirect introduction of pollutants or wastewater into the sewerage system.
   (m)   Discharger. The owner of record, lessee, sublessee, mortgagee in possession, or any person, whether located within or outside City boundaries, that (i) discharges or threatens to discharge pollutants into the sewerage system, or (ii) is responsible for the process which directly or indirectly introduces pollutants into the sewerage system.
   (n)   Flammable or Explosive Substances. Pollutants which create a fire or explosion hazard in the sewerage system, including, but not limited to, pollutants with a closed cup flashpoint of less than 140Fahrenheit (60Celsius), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3828-81.
   (o)   Grab Sample. An individual sample of wastewater collected over a period of time not exceeding 15 minutes, as defined in federal regulations at 40 CFR 403.7(d)(2)(iv) (1990).
   (p)   Hydrocarbon Oil and Grease. The empirical test for that fraction of total recoverable oil and grease that is of a petroleum nature as specified in federal regulations at 40 CFR Part 136 (1990).
   (q)   Industrial User. Used interchangeably with Discharger.
   (r)   Interference. An inhibition or disruption of the sewerage system, treatment processes or operations, or sludge processes, including the use or disposal of sludge, which causes or threatens to cause a violation of any requirement of the City's permits to operate sewage treatment facilities as defined by State or federal laws and regulations. Violations include, but are not limited to, an increase in the magnitude or duration of a violation and the prohibition of City use or disposal of sludge.
   (s)   Minor Discharger. A discharger other than a significant industrial user.
   (t)   New Source. Any person who becomes or may become a discharger subject to this Article under the following circumstances:
      (i)   The person proposes to discharge wastewater into the sewerage system or submits a Class I or Class II permit application for the proposed initial wastewater discharge from any location, or (ii) the person submits a permit application for a proposed discharge of trucked waste under Section 124(d), or (iii) the person is notified that a proposed discharge, or a modification or addition to an existing discharge, will be subject to Categorical Pretreatment Standards pursuant to a certification under 40 CFR 403.6 (1990), or any amendment thereto, or (iv) the discharge results from a new source as defined in 40 CFR 403.3(k) (1990), regardless of when a permit application is submitted, or (v) the discharge is determined to be subject to any new source requirements of this Article by the General Manager.
   (u)   Ninety Day (90-Day) Compliance Report. A compliance report submitted to the General Manager by certain dischargers pursuant to Section 127(d) or a permit, notifying the General Manager whether compliance has been or is being achieved. For Class I permittees, this report shall comply with the requirements of federal regulations at 40 CFR 403.12(d) (1990), which are incorporated by reference in this Article.
   (v)   NPDES (National Pollutant Discharge Elimination System) Permit. Any permit issued to the City by the United States Environmental Protection Agency or the State of California, applicable to the City's discharges from the sewerage system into the receiving waters pursuant to Section 402 of the Act.
   (w)   Order. A written determination, revocation, authorization, permission, or document issued by the General Manager pursuant to this Article.
   (x)   Pass-Through. A discharge that enters receiving waters through the sewerage system in quantities or concentrations which alone, or in combination with a discharge or discharges from other sources, causes or threatens to cause a violation of the City's NPDES permits, including an increase in the magnitude or duration of a violation.
   (y)   Permit. Authorization issued to a discharger by the General Manager pursuant to Sections 124 and 125 allowing the discharge of wastewater into the City's sewerage system in accordance with all applicable laws and regulations.
   (z)   Person. An individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, any group or a combination acting as unit, the United States of America, the State of California and any political subdivision of either thereof, or any public entity organized pursuant to the laws of the United States of America or the State of California.
   (aa)   Pollutant. The term pollutant means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, any substances listed in Section 123(a), (b), (c) or (e) of this Article, and industrial, municipal, or agricultural waste, which is or may be introduced into the City's sewerage system.
   (bb)   Properly Ground Garbage. The wastes from the preparation, cooking, and dispensing of food which has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the sewerage system.
   (cc)   Quarterly Reports. Reports submitted by a Class I permit holder to the General Manager as provided in EPA regulations at 40 CFR 403.12(e) (1990), which are incorporated by reference in this Article.
   (dd)   Receiving Waters. The waters contiguous to the City, including, but not limited to, Central Basin, China Basin, India Basin, Islais Creek Channel, the Pacific Ocean, San Francisco Bay, South Basin, and South Bay.
   (ee)   Sewerage System. All public facilities for collecting, transporting, treating and disposing of stormwater and pollutants in wastewater. The sewerage system includes facilities owned and operated by public entities other than the City, where such facilities direct wastewater into the sewerage system and are subject to the jurisdiction of the City as defined by law, contract, or interjurisdictional agreement.
   (ff)   Sewer Service Charge. The charge assessed for collecting, transporting, treating and disposing of wastewater in accordance with this Article, Articles 4.2 and 4.3 of the Public Works Code, as amended from time to time, and annual rate resolutions adopted by the Board of Supervisors.
   (gg)   Significant Industrial User. A person that is:
      (1)   Subject to Categorical Pretreatment Standards; or
      (2)   Discharges 25,000 gallons per day or more of wastewater, excluding sanitary, noncontact cooling and boiler blowdown wastewater; or
      (3)   Discharges wastewater that constitutes five percent or more of the average dry-weather hydraulic or organic (BOD, TSS) capacity of the tributary water pollution control plant; or
      (4)   Discharges a wastestream that, in the opinion of the General Manager, will or may adversely affect the sewerage system by causing interference, pass-through of pollutants, sludge contamination, or endangerment of City workers.
   (hh)   Significant Noncompliance. For purposes of Section 135 of this Article, a discharger is in significant noncompliance if its violation meets one or more of the following criteria:
      (1)   Chronic violations of wastewater discharge limits; defined here as those in which 66 percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
      (2)   Technical review criteria (TRC) violations; defined here as those in which 33 percent or more of all of the measurements taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
      (3)   Any other violation of a discharge limitation that the General Manager believes has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of Department personnel or the general public);
      (4)   Any discharge of a pollutant that may cause imminent endangerment to human health, welfare or to the environment and has resulted in the General Manager's exercise of his or her emergency authority to halt or prevent such a discharge;
      (5)   Violation, by 90 days or more after the schedule date, of a compliance schedule milestone contained in any permit or order issued by the General Manager, for starting construction, completing construction, or attaining final compliance;
      (6)   Failure to provide required reports such as baseline monitoring reports, 90-day compliance reports, quarterly monitoring reports, compliance schedule progress reports, and any other reports required by the General Manager within 30 days of the due date;
      (7)   Failure to accurately report noncompliance; or
      (8)   Any other violations or group of violations which the General Manager determines will adversely affect the operation of the sewerage system or implementation of this Article.
   (ii)   Sludge or Sewage Sludge. A liquid, semisolid or solid residue that contains material removed during the treatment of wastewater discharged from domestic and nondomestic sources.
   (jj)   Soluble Threshold Limit Concentration (STLC). The concentration of a solubilized and extractable bioaccumulative or persistent toxic substance which, if equaled or exceeded in a waste, renders the waste hazardous as defined in Title 22, California Code of Regulations and its amendments.
   (kk)   Total Recoverable Oil and Grease. The empirical test for oil and grease, whether petroleum based or otherwise, as defined by EPA analytical methodology provided in federal regulations at 40 CFR Part 136 (1990).
   (ll)   Total Suspended Solids (TSS) Test. The empirical test for total suspended solids (or nonfilterable residue), specified in federal regulations at 40 CFR Part 136 (1990) that defines those solids that are retained by a glass filter and dried to constant weight at 103-105 degrees Celsius.
   (mm)   Trucked Waste Discharger. Persons who discharge wastewater into the sewerage system by truck hauling, rail access, a dedicated pipeline, or any means other than an approved side sewer.
   (nn)   Wastewater. Water containing pollutants, including sanitary waste and stormwater, which is or may be discharged into the sewerage system by any person subject to this Article.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 120.  AUTHORITY OF THE GENERAL MANAGER.
   (a)   The General Manager is authorized to administer and enforce the provisions of this Article; to conduct an industrial waste pretreatment program; to issue permits containing discharge requirements, indemnification and surety provisions and other conditions; to deny or revoke any permits, orders or variances issued pursuant to this Article; to promulgate local limitations imposing specific discharge requirements; to enforce the provisions of this Article by any lawful means available for such purpose; to monitor and inspect any wastewater discharger; to require dischargers to perform and submit for the General Manager's review and approval wastestream and process environmental audits and to require dischargers to implement any objectives, including reclamation and waste minimization objectives, identified by the audits; and to promulgate such orders, rules and regulations necessary to accomplish the purposes of this Article in accordance with the requirements that have been or may be promulgated by federal or state legislatures, the Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board for the San Francisco Bay Region or other authorized agencies.
   (b)   The General Manager is authorized to require the construction and use of pretreatment systems or devices to treat wastewater prior to discharge to the sewerage system when necessary to restrict or prevent the discharge of wastewater in violation of the Categorical Pretreatment Standards or exceeding the limits established by this Article, or to distribute wastewater discharges over a period of time. The General Manager may require any discharger to develop a compliance schedule containing dates for the commencement and completion of major events leading to the construction and operation of pretreatment systems or devices necessary for compliance with the provisions of this Article in the shortest time possible. No compliance schedule shall allow more than nine months between any two major event dates. All proposed pretreatment systems or devices shall be subject to the review and comment of the General Manager, but such review shall not relieve a discharger of the responsibility for taking all steps necessary to comply with all applicable wastewater discharge limitations and standards pursuant to this Article and other laws. All required pretreatment systems or devices shall be installed, operated and maintained at the discharger's expense.
   (c)   The General Manager may, by permit or order, require a discharger to construct, in accordance with current City standards and at the discharger's expense, a monitoring facility in each side sewer in the street or sidewalk area, or in areas further upstream on the discharger's property, for wastewater monitoring purposes. The construction shall be completed within the time set forth in the permit or order.
   (d)   Any permit may be revoked, modified or suspended by the General Manager, in addition to other remedies provided by law, when such action is necessary to stop a discharge or a threatened discharge that may present a hazard to the public health, safety, welfare, natural environment, or sewerage system, to prevent or stop violations of this Article, or to implement programs or policies required or requested of the City by appropriate state or federal regulatory agencies.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 121.  EMERGENCY ACTIONS.
   The General Manager is authorized to take all necessary actions to immediately and effectively halt or prevent any discharge or threatened discharge of pollutants to the sewerage system that may be an imminent endangerment to the health or welfare of persons or to the environment, or that interferes or threatens to interfere with the operations of the sewerage system. The discharger shall immediately cease undertaking such action or discharge of any wastewater presenting such a hazard upon verbal or written notification by the General Manager.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 122.  RIGHT TO ENTER PREMISES.
   (a)   Upon showing of proper credentials, persons authorized by the General Manager, when necessary for the performance of their duties, shall have the right to enter the discharger's premises. Such authorized personnel may have access to any facilities and records necessary for determining compliance, including, but not limited to, the ability to copy any records, inspect any monitoring equipment, and sample any wastewater subject to regulation under this Article. Notwithstanding any provision of law, persons authorized by the General Manager may enter a discharger's premises at any time if the General Manager determines that an imminent hazard to persons or property exists on or as a result of activities conducted on the discharger's premises.
   (b)   The General Manager may inspect the process areas of a discharger, inspect chemical and waste storage areas, inspect, sample and monitor wastewater production activities.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 123.  LIMITATIONS AND PROHIBITIONS
   (a)   Any grab sample of the discharger's wastewater shall not at any time exceed any of the following numerical limitations:
 
Pollutant Parameter
Limits
(1)
pH
6.0 min; 9.5 max
(2)
Dissolved sulfides
0.5 mg/l
(3)
Temperature (except where highertemperatures are required by law)
125(52C)
(4)
Hydrocarbon oil and grease
100 mg/l
 
   (b)   Any composite sample representative of the total discharge of the wastewater discharge generated over a production week shall not exceed the following numerical limitation:
 
Pollutant Parameter
Limit
Total recoverable oil and grease
300 mg/l
 
   Representative composite total recoverable oil and grease samples shall be composited by grab sampling, as required in federal regulations at 40 CFR Part 403 (1990), which are incorporated by reference in this Article.
   (c)   In addition to the provisions of this Article, all dischargers must comply with all requirements set forth in federal Categorical Pretreatment Standards and other applicable federal regulatory standards, applicable State orders and water quality control regulations, sewage discharge permits and orders issued to the City by federal and State agencies, federal and State pretreatment program approval conditions, local discharge limitations and regulations promulgated by the General Manager and the City, and any other applicable requirement regulating the discharge of wastewater into the sewerage system. The General Manager is authorized to develop and enforce such local limitations as he or she deems necessary for the City's compliance with State and federal laws and requirements and the enforcement of this Article.
   (d)   Discharge of wastewater containing radioactive materials is permitted only if the following conditions are satisfied:
      (1)   The discharger obtains a permit from the General Manager for the discharge of radioactive materials;
      (2)   The discharger is authorized to use radioactive materials by the Nuclear Regulatory Commission or other governmental agency empowered to regulate the use of radioactive materials; and
      (3)   The radioactive material is discharged in strict conformity with all Nuclear Regulatory Commission or other governmental agency requirements.
   (e)   No person shall discharge, deposit, throw, cause, allow or permit to be discharged, deposited or thrown into the City's sewerage system any substance of any kind whatever, including oxygen-demanding pollutants, that may or will in any manner cause interference or pass-through, obstruct or damage the sewerage system, cause a nuisance, interfere with the proper operation, repair or maintenance of the sewerage system, interfere with the proper operation, repair or maintenance of a reclaimed water production or distribution facility, create difficulty for any workers to repair or maintain any part of the sewerage system, or directly or indirectly cause a violation of the City's federal or State sewage discharge permits or any other requirement applicable to the City. Such substances include, but are not limited to the following:
      (1)   Ashes, cinders, sand, gravel, dirt, bark, leaves, grass cuttings and straw, metals, glass, ceramics and plastics, or any other solid or viscous substance capable of causing obstruction to the flow in sewers, or that will not be carried freely under the flow conditions normally prevailing in the City's sewerage system;
      (2)   Any flammable or explosive substances;
      (3)   Garbage, excepting properly ground garbage discharged in accordance with this Article, from dwellings and restaurants or other establishments engaged in the preparation of foods and beverages;
      (4)   Any toxic, hazardous, noxious or malodorous substance that either singly or by interaction with other wastes may or will prevent maintenance of the sewerage system or create a nuisance or hazard to the safety of the public or City employees;
      (5)   Any bioaccumulative toxic substance that exceeds the soluble threshold limit concentration (STLC);
      (6)   Any wastewater, in temperature or quantity, which will cause the temperature of influent to exceed 104° Fahrenheit (40° Celsius) at the point of introduction to any City wastewater treatment plant;
      (7)   Any liquids, solids or gases or any discharge that may cause damage or harm to any reclaimed water facility, or that may limit or prevent any use of reclaimed water authorized by Title 22 of the California Code of Regulations.
   (f)   No person shall discharge without a permit any pollutants, except stormwater, directly or indirectly into a manhole, catchbasin, or other opening in the sewerage system other than an approved side sewer.
   (g)   No discharger shall increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the requirements of this Article.
   (h)   No person shall discharge groundwater or water from sumps or dewatering facilities into the sewerage system without a permit. An application for a permit pursuant to this subsection shall be submitted to the General Manager no later than 45 days prior to the proposed commencement of the discharge. Each permit for groundwater discharge shall contain appropriate discharge standards and any other appropriate requirements that must be achieved before discharge into the sewerage system may commence. Such discharges shall be subject to payment of sewer service charges in accordance with the provisions of applicable City laws. The General Manager may require the discharger to install and maintain meters at the discharger's expense to measure the volume of the discharge.
   (i)   No person shall discharge wastewater associated with groundwater cleanup or remediation plans without first obtaining a permit. An application for a permit pursuant to this subsection shall be submitted to the General Manager no later than 45 days prior to the proposed commencement of the discharge. A permit may be issued only if an effective pretreatment system on the process stream is maintained and operated. Each permit for such discharge shall contain appropriate discharge standards based on this Article and reports or data provided by the discharger, as well as any other appropriate requirements that must be achieved at the time the discharge commences. Such discharges shall be subject to payment of sewer service charges in accordance with the provisions of applicable City laws. The General Manager may require the discharger to install and maintain meters at the discharger's expense to measure the volume of the discharge. The General Manager may require that such dischargers shall indemnify and hold harmless the City from any and all costs, claims, damages, fines, remediation costs, losses and other expenses arising from the discharge into the sewerage system.
   (j)   The discharge of wastewater associated with asbestos abatement operations is authorized without a permit, provided that the wastewater has been pretreated through a system that provides for removal of waterborne asbestos.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 124.  PERMIT PROVISIONS.
   (a)   It shall be unlawful for any significant industrial user to discharge or cause to be discharged any wastewater whatsoever, directly or indirectly, into the sewerage system without first obtaining a Class I permit authorizing the discharge. The General Manager may require minor dischargers to obtain Class II permits containing specified requirements whenever necessary to further the objectives of this Article. It shall be unlawful for any discharger to discharge any wastewater in excess of permit requirements or to violate any other requirement of this Article.
   (b)   Permits for wastewater discharges may include, but are not limited to, conditions and terms requiring pretreatment of wastewater before discharge; limiting discharge of certain wastewater parameters; restricting peak flow discharges; requiring standards of performance on the wastewater quality; restricting discharge to certain hours of the day; requiring payment of additional charges to defray increased costs to the City created by the wastewater discharge; requiring sampling and monitoring before and during discharge; requiring specific investigations or studies to determine methods of reducing toxic constituents in discharges; and other conditions and terms necessary to achieve the objectives of this Article. Permits shall be issued for a fixed time period not to exceed five years.
   (c)   Each permit shall include requirements that the discharger shall reimburse the City for extraordinary costs, in addition to the applicable sewer service charge, for treatment, pumping, maintenance of the sewerage system, administration, incidental expenses, inspection and monitoring, and payment of penalties imposed on the City by enforcement agencies caused by the specific characteristics of the discharge into the sewerage system. When the discharge of wastewater or any pollutant causes an obstruction, damage or other impairment to the sewerage system, the discharger shall pay to the City an amount equal to the costs of cleaning and repairing the sewerage system, plus all related administrative costs, penalties and other incidental fees and expenses. Permits for discharges shall not be renewed unless all such costs have been paid to the City.
   (d)   The discharge of wastewater into the sewerage system through means other than an approved side sewer is prohibited, unless authorized by a permit. This subsection does not apply to groundwater discharges authorized in accordance with Section 123(h) of this Article. Trucked waste dischargers shall obtain a permit from the General Manager prior to commencing any discharge. The General Manager shall prescribe requirements consistent with this Article and any other applicable laws and regulations, including but not limited to requirements to pay appropriate permit fees and charges. Permits shall not be granted to trucked waste dischargers that do not have San Francisco business licenses or are discharging wastewater produced, treated, or stored in facilities not located within the General Manager's jurisdiction unless the trucked waste discharger enters into a binding contractual commitment to be subject to and comply with the requirements of this Article and the exercise of the General Manager's authority granted by this Article. The General Manager may require any person subject to this subsection:
      (1)   To treat wastewater on its own site prior to discharge into the sewerage system, whether the discharge is through an approved side sewer or by any other means approved by the General Manager;
      (2)   To construct a side sewer in accordance with Department specifications and cease the discharge of wastewater in any manner other than through the approved side sewer;
      (3)   To provide the General Manager with a compliance schedule, as specified in Section 120(b), for meeting the provisions of this Article;
      (4)   To perform and submit for the General Manager's review and approval wastestream and process environmental audits and to implement any objectives, including reclamation and waste minimization objectives, identified by the audits.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 125.  PERMIT PROCESS.
   (a)   Persons discharging wastewater into the sewerage system prior to the effective date of this amendment to this Article shall submit an application for a permit when notified by the General Manager. Except as provided in Section 123(h), (i) and (j), a new source must submit an application at least 90 days prior to commencement of the discharge.
   (b)   Applicants for either a permit, a permit modification, or a permit renewal shall complete and submit an application for each point of discharge. The General Manager, at his or her discretion, may require submission of information on the characteristics of the discharge in addition to information provided in the application. The completed application shall be submitted by the discharger not less than 90 days prior to the commencement of the discharge or the modified discharge, or in the case of a permit renewal, 90 days prior to the expiration date of an existing permit. The application shall contain the certification required by Section 127(f) of this Article and shall be signed by an authorized representative of the discharger in accordance with Section 127(g) of this Article. No person shall commence discharge prior to issuance of the permit.
   (c)   No permit may be issued unless the applicant has complied with all requirements of this Article and all applicable City, State and federal laws; the applicant has furnished all requested information; the General Manager determines that there are adequate devices, equipment, chemicals, and other facilities to sample, meter, convey, treat, and dispose of wastewater; and the persons responsible for treatment and control are adequately trained and capable of consistently meeting permit requirements. The General Manager shall take final action on permit denial, issuance, modification, or renewal by sending a copy of the permit to the applicant by certified mail.
   (d)   The General Manager shall post a notice of permit issuance, denial, renewal or modification at City Hall, or by publication in a newspaper of general circulation. The notice shall include a summary of the General Manager's action on the permit, and instructions for filing a public hearing request. The General Manager's action shall be final 15 days after the General Manager's posting or publication of the notice of permit action, or within the time specified in the notice, unless a public hearing request has been filed in accordance with Section 125(e).
   (e)   Any person who deems that his or her interests or property or that the general public interest will be adversely affected by the General Manager's denial, issuance, modification, or renewal of a permit may request a public hearing within 15 days of the General Manager's posting or publication of a notice of permit action, or within the time specified in the notice. Upon receipt of a timely request for a public hearing, the General Manager shall hold a public hearing after giving the notice provided in Section 129(b).
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 126.  REGISTRATION BY WASTEWATER PRODUCERS.
   (a)   Every person within the General Manager's jurisdiction who engages in any activity or process that collects or produces wastewater and does not discharge such wastewater into the sewerage system through an approved side sewer shall register its activities with the General Manager. The General Manager shall require each registrant to provide information describing the wastewater-producing activity, the nature and characteristics of the wastewater, and the ultimate use or methods of disposal of the wastewater. Registration must be renewed annually.
   (b)   The General Manager may take samples, inspect and monitor any activity or process subject to this Section, and may require that the collector or producer of wastewater provide monitoring and sampling information.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 127.  REPORTING AND SAMPLING REQUIREMENTS.
   (a)   All dischargers shall submit periodic reports to the General Manager, and the General Manager may require any reports or information appropriate for the nature of any discharge, on a case-by-case basis. Specific reporting requirements shall be specified in the permit, or in compliance directives and orders. Failure to submit complete and accurate reports by the date specified in an order or permit is a violation of this Article.
   (b)   Dischargers holding Class I permits shall submit periodic reports of compliance on a quarterly basis ("Quarterly Reports"), as specified in the permit. These reports shall include a description of any violations of this Article, remedial measures undertaken by the discharger, process changes, treatment system alterations, and any other information required by the permit. Class I permittees subject to Categorical Pretreatment Standards shall include the information required by 40 CFR 403.12(e) (1990) in each Quarterly Report.
   (c)   Any new source discharger that must comply with Categorical Pretreatment Standards shall submit a Baseline Monitoring Report at least 90 days prior to commencement of any discharge. Any discharger that becomes subject to Categorical Pretreatment Standards due to promulgation of a new Standard, or pursuant to a certification under 40 CFR 403.6(a)(4) (1990), shall submit a Baseline Monitoring Report within 180 days of the effective compliance date. Every discharger subject to a Class I permit shall submit an amended Baseline Monitoring Report whenever the volume or characteristics of its discharge significantly changes, or when required by the General Manager.
   (d)   Dischargers subject to Class I permits shall submit a 90-day compliance report within 90 days of the compliance date of an applicable Categorical Pretreatment Standard, or, for new sources, within 90 days following commencement of the discharge.
   (e)   Dischargers subject to a compliance schedule for the construction or operation of pretreatment systems or devices required to meet Categorical Pretreatment Standards shall submit compliance schedule progress reports not later than 14 days after each major event date and the final compliance date. All other dischargers subject to compliance schedules shall submit compliance schedule reports as ordered by the General Manager. Each progress report shall state whether or not the discharger has complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and any steps being taken to return to the established compliance schedule. The General Manager may require such additional information as necessary in any compliance schedule progress report, and may extend the date for submittal, provided that no more than nine months may elapse between any two progress reports.
   (f)   Every person signing any report required by Paragraphs (a), (b), (c), (d), (e), or (i) of this Section shall make the following certification:
   I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
   (g)   All reports must be signed by an authorized representative of the discharger. An authorized representative may be:
      (1)   A principal executive officer or official, if the discharger submitting the reports required by this Section is a corporation or public agency;
      (2)   A general partner or proprietor if the discharger submitting the report required by this Section is a partnership or sole proprietorship respectively;
      (3)   A duly authorized representative of the individual designated in Subparagraph (1) and (2) of this paragraph if such representative is responsible for the overall operation of the facility from which the discharge originates.
   (h)   Dischargers shall notify the General Manager prior to any substantial change in the volume or character of pollutants in any wastewater discharge and shall apply for and obtain an amended permit prior to commencement of such altered discharge.
   (i)   Dischargers shall immediately notify the General Manager of any discharge or threatened discharge of pollutants, including but not limited to oxygen-demanding pollutants, wastes or hazardous wastes as defined in Title 22 of the California Code of Regulations, or any other substances on the discharger's premises that: (i) could cause danger to the public; (ii) may cause interference in the sewerage system; or (iii) constitutes a violation of the requirements of this Article or a permit or order issued by the General Manager. A written report to the General Manager shall be submitted within five working days after the discharge commenced explaining the nature, volume and duration of the noncompliance or release and all remedial and preventive measures taken by the discharger. Such notification and report shall not relieve any discharger of liability for any expenses, including but not limited to, costs for countermeasures, loss or damage to the sewerage system, liability for fines imposed upon the City because of such occurrences, liability for any fines or damages because of such occurrences, or for any damages incurred by a third party.
   (j)   All dischargers that are required to monitor their discharges shall sample in accordance with the sampling planning, methodology and equipment, and the sample processing, documentation and custody procedures specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, 3rd edition, U.S. Environmental Protection Agency, November, 1986, and any amendments thereto. The analysis of samples shall be performed in accordance with the techniques prescribed in federal regulations at 40 CFR Part 136 (1990), and amendments thereto, which are incorporated by reference in this Article.
   (k)   Each municipality, sanitation district or local governmental entity located outside the boundaries of the City and County of San Francisco that, pursuant to contract or law, delivers wastewater to the City's sewerage system for treatment and disposal shall immediately notify the General Manager of its approval or the creation of a new source located within its jurisdiction. Each such governmental entity also shall notify each new source that its proposed discharge must comply with the provisions of this Article and other applicable laws.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 128.  VARIANCES.
   The General Manager shall hear and make determinations regarding applications submitted by dischargers for variances from the strict application of the requirements of this Article. Variance determinations shall be issued as specified in Section 129. The General Manager may grant variances only when such action is consistent with this Article's general purpose and intent and the general and specific rules contained in this Article. A variance shall not be granted unless the General Manager finds that the applicant is or will be in violation of this Article, and that due to circumstances beyond the reasonable control of the applicant, requiring compliance would result in unavoidable and excessive hardship. Practical difficulties associated with treatment systems or the expense of appropriate treatment shall not, standing alone, constitute circumstances beyond the reasonable control of the applicant. The General Manager shall not grant variances from applicable federal or State discharge standards. This subsection shall in no way limit the powers and authority of the General Manager pursuant to this Article. A pending variance application shall not be a defense to any enforcement action of the General Manager, or to any civil or criminal action under this Article.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 129.  GENERAL MANAGER'S HEARINGS.
   (a)   The General Manager shall hold a public hearing for the following purposes:
      (1)   To grant or deny a variance application submitted pursuant to Section 128;
      (2)   To issue an order that imposes an administrative civil penalty pursuant to Sections 132(c) and 133(c) of this Article;
      (3)   To issue and order pursuant to Section 132 of this Article that revokes or suspends a permit;
      (4)   To take public comment on a permit application under Section 125, upon timely and proper request by a person authorized pursuant to Section 125(e).
   (b)   Notices of public hearings pursuant to this Section shall be given by publication in a newspaper of general circulation in the City for at least two days and not less than 10 days prior to the date of such hearing. Written notice setting forth the date of a public hearing shall be sent to interested persons by certified mail at least 10 days in advance of such hearing. The notice shall state the nature and purpose of the public hearing.
   (c)   At the conclusion of a public hearing, the General Manager may take any action consistent with this Article and other applicable law. The General Manager's decision shall be in writing, and shall contain a statement of reasons in support of the decision. Following a public hearing, the decision of the General Manager shall be sent by certified mail to the discharger and any other interested person. The General Manager's action shall be final unless an appeal, if provided by this Article, is filed in accordance with Section 131.
   (d)   Within 30 days after service of a copy of a final order issued after a public hearing required by Subsection (a) of this Section, any person so served may file with the Superior Court a petition for writ of mandate for review of the order. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of an order of the General Manager in any judicial proceedings brought to enforce the order or for other remedies. Except as otherwise provided in this Section, Section 1094.5 of the California Code of Civil Procedure shall govern any proceedings conducted pursuant to this subsection. In all proceedings pursuant to this Section, the court shall uphold the order of the General Manager if the order is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any accrual of any penalties assessed pursuant to this Article.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 130.  GENERAL MANAGER'S HEARINGS FOR RULES AND REGULATIONS.
   (a)   Before the General Manager approves the issuance or amendment of any rule or regulation, the General Manager shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City and County of San Francisco of the intent to issue or amend the rule or regulation. The notice shall state the date, time and place of a public hearing at which the General Manager will take public comment on the proposed rule or regulation.
   (b)   At the conclusion of the public hearing, the General Manager may take any action consistent with this Article and other applicable law.
   (c)   Subject to the requirements of this Section, the General Manager is authorized to:
      (1)   Adopt or amend concentrations of wastewater constituents for the purpose of assessing sewer service charges for any discharger not required to sample and analyze its wastewater.
      (2)   Adopt or amend any local discharge limitations, rules or regulations required by law or deemed necessary by the General Manager to achieve the purposes of this Article.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 131.  INDUSTRIAL WASTE REVIEW BOARD.
   (a)   Membership. There is hereby continued an Industrial Waste Review Board which shall consist of five members who have had not less than five years of professional experience related to water pollution abatement. Members of the Board will serve on call on a per diem basis. The General Manager shall make succeeding four-year appointments at the expiration of the existing appointments. The members so chosen will be the voting members of the Board. The Manager of the Bureau of Water Pollution Control, or a designated representative, shall be an ex officio member of the Board, participating in the deliberations of the Board without vote or compensation. The General Manager shall appoint a member of his or her staff to act as Secretary of the Board.
   (b)   Compensation. The voting members of the Board shall receive compensation of $30 per hour during the time that the Board is convened.
   (c)   Quorum. Three voting members of the Board shall constitute a quorum. Any decision of the Board shall require three concurring votes.
   (d)   Powers of the Board. The Board shall hear and decide appeals from the General Manager's denial, issuance, renewal or modification of a permit pursuant to Section 125, and from the General Manager's decision on a variance pursuant to Section 128. The Board shall not have jurisdiction to hear appeals of orders issued pursuant to Sections 121 or 132. Upon hearing an appeal taken pursuant to this Section, the Board may, subject to the same limitations that are placed upon the General Manager by this Article, approve, disapprove or modify the decision appealed from, in conformity with the following requirements:
      (1)   In the case of a variance application, the Board shall specify in its findings, as part of a written decision, facts sufficient to establish why the application meets or does not meet, as the case may be, the requirements set forth in Section 128, and if the requirements are deemed to be met, the Board shall prescribe the details and conditions of the variance.
      (2)   In the case of any permit denial, issuance, modification or renewal, if the determination of the Board differs from that of the General Manager, it shall state in writing any specific error or errors in interpretation of the provisions of this Article, abuse of discretion on the part of the General Manager, or any other basis for revision. The Board shall specify in its written findings the facts relied upon in arriving at its determination.
   (e)   Appeal.
      (1)   Filing an Appeal. Appeals shall be filed with the Secretary of the Board within 15 days after receipt of the decision of the General Manager under Section 129. The Board shall not have jurisdiction to hear an appeal filed after the 15-day period has passed. The Board shall not have jurisdiction to hear an appeal of the denial, issuance, renewal, or modification of the permit if a General Manager's hearing was not requested in accordance with Section 125. A filing fee of $350 made payable to the General Manager shall accompany the filing of an appeal.
      (2)   Standing. Any person that presented evidence or testimony at a General Manager's hearing on a variance may appeal the General Manager's variance decision to the Board. Appeals of the General Manager's decision on a permit may only be filed by persons authorized pursuant to Section 125(e).
      (3)   Contents of Appeal. The appeal must specifically set forth the alleged error, abuse of discretion or any other basis for the appeal and contain relevant arguments and documentation in support of the appellant's claim.
      (4)   Hearing. The procedure and requirements for the transmittal of the record, notice of hearing, and the record in connection with any appeal under this Section shall be prescribed by the Board.
   (f)   Hearing Procedure. Hearings by the Board shall be held at the call of the Secretary of the Board and at such times as the Board may determine. Hearings shall be conducted in accordance with the following procedure:
      (1)   The date of the hearing shall not be less than one week nor more than four weeks after receipt of filing the appeal by the Secretary of the Board.
      (2)   The General Manager will present evidence and a recommendation for resolution. The Board shall hear evidence from the appellant, but appellant may present relevant information not previously submitted to the General Manager only if its failure to present such information to the General Manager was caused by events beyond its control or the Board determines that introduction of such information is essential to the fair resolution of the controversy.
      (3)   The Board shall make a final decision within 90 days from the date of filing the appeal, and shall communicate its decision to the General Manager, all appellants, and the discharger. No response from the Board within 90 days will constitute approval of the General Manager's final decision.
      (4)   The General Manager shall designate a certified court reporter as official reporter of the Board. The reporter shall attend all hearings of the Board and report all testimony, the objections made, and the ruling of the Board. The fees for the reporter for reporting all of the proceedings and testimony as outlined above shall be a legal charge against the City. The fees for transcripts of the proceedings shall be at the expense of the party requesting the transcript as prescribed by Government Code Section 69950, and the original transcript shall be filed with the Secretary at the expense of the party ordering the transcript.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 132.  ENFORCEMENT AND COST REIMBURSEMENT.
   (a)   Cease and Desist Orders. Whenever the General Manager finds that a discharge of wastewater is taking place or threatening to take place in violation of any requirement imposed pursuant to this Article, or pursuant to any order, regulation, or permit issued by the General Manager, the General Manager may issue an order directing the discharger to cease and desist such discharges and directing the discharger to achieve compliance in accordance with a detailed schedule of specific actions the discharger must take in order to correct or prevent violations of this Article. The General Manager may order the revocation or suspension of any permit or variance. Any order issued by the General Manager under this Section may require the discharger to provide such information as the General Manager deems necessary to explain the nature of the discharge. The General Manager may require in any cease and desist order that the discharger pay to the City the costs of any extraordinary inspection or monitoring deemed necessary by the General Manager because of the violation.
   (b)   Cleanup and Abatement Orders.
      (1)   Any person who has discharged or discharges pollutants or wastewater in violation of this Article or any order, regulation, or prohibition issued by the General Manager, shall upon order of the General Manager and at the discharger's expense clean up such wastewater and abate the effects of the unlawful discharge.
      (2)   The General Manager may perform any cleanup, abatement or remedial work required under Subdivision (1) when required by the magnitude of the violation or when necessary to prevent pollution, nuisance or injury to the environment. Such action may be taken in default of, or in addition to, remedial work by the discharger or other persons, regardless of whether injunctive relief is being sought.
      (3)   Any discharger who has violated or is in violation of the requirements of this Article shall be liable to the City for costs incurred in abating the effects thereof, or taking other remedial action, including but not limited to administrative costs, inspection costs, attorneys fees, and penalties or other liability imposed upon the City by other agencies.
   (c)   Administrative Civil Penalty Orders.
      (1)   The General Manager may issue a complaint to any discharger on whom an administrative civil penalty may be imposed pursuant to Section 133(c). The complaint shall allege the acts or failure to act that constitute a basis for liability and the amount of the proposed administrative civil penalty. The General Manager shall serve the complaint by personal service or certified mail and shall inform the discharger so served that a hearing shall be conducted in accordance with Section 129 of this Article, unless the discharger waives the right to a hearing. If the discharger waives the right to a hearing, the General Manager shall issue an order setting liability in the amount proposed in the complaint unless the General Manager and the discharger have entered into a settlement agreement, in which case the General Manager shall issue an order setting liability on the amount specified in the settlement agreement. The settlement agreement shall be approved by the City Attorney as to form. Where the discharger has waived the right to a hearing or where the General Manager and the discharger have entered into a settlement agreement, the order shall not be subject to review by any court or governmental agency.
      (2)   Any hearing required by Subsection (1) shall be conducted in accordance with Section 129.
      (3)   Orders imposing civil liability issued under this Section shall become effective and final upon issuance. Payment of civil penalties to the General Manager shall be made within 30 days of issuance of the order. Copies of such orders shall be served by personal service or by certified mail upon the discharger served with the complaint and upon other persons who appeared and participated at the hearing and requested a copy.
   (d)   Injunctive Relief.
      (1)   Upon the failure of any discharger or dischargers to comply with any requirement of this Article, a permit, or any regulation, prohibition, cease and desist order, cleanup and abatement order, or any other order issued by the General Manager, the City Attorney, upon request of the General Manager, may petition the proper court for injunctive relief, payment of civil penalties, and any other appropriate remedy, including restraining such discharger or dischargers from continuing any prohibited activity and compelling compliance with lawful requirements.
      (2)   In any civil action brought pursuant to this Article in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate. The court shall issue a temporary restraining order, preliminary injunction, or permanent injunction in a civil action brought pursuant to this Article without the allegations and without the proof specified above.
   (e)   Termination of Discharge. In addition to other remedies, when in the judgment of the General Manager the discharger has not or cannot demonstrate satisfactory progress toward compliance with the requirements of this Article, the General Manager, after providing written notice to the discharger by certified mail 30 days in advance of such action, may sever or plug the connection from the discharger's side sewer to the sewerage system or otherwise prevent the discharge of wastewater from the discharger's facilities to the sewerage system.
   (f)   Orders issued under this Section shall become final upon receipt by the discharger or as specified by the General Manager. Orders may be issued by certified mail, or, except for orders under Paragraph (e), by personal service.
   (g)   The discharger may request a public hearing within 15 days of the final date of an order issued under Subsections (a), (b) or (e) of this Section. The effective date of such an order shall not be postponed solely because of the filing of a request for a hearing. Notice of a public hearing and of the final decision of the General Manager shall be given as provided in Section 129.
   (h)   Cost Reimbursement by Citizens.
      (1)   In any instance where the General Manager issues an order to a discharger under this Section for a violation of this Article, and the General Manager determines that information provided by a citizen contributed to the identification of the violation and issuance of the order, the discharger shall, in addition to any other fees or costs authorized under this Section, pay the reasonable costs directly incurred by the citizen in obtaining the information in accordance with the requirements set forth in this subsection. For purposes of this subsection, "citizen" shall have the meaning defined in Section 139(a) of this Article.
      (2)   Any citizen seeking the recovery of costs pursuant to this subsection shall have the burden of documenting the costs and proving that the costs sought to be recovered are reasonable and accurate. Except as set forth in subparagraph (3), reimbursable costs shall be limited to documented costs directly incurred by the citizen plus an additional five percent of the total amount authorized for recovery of overhead expenses.
      (3)   In the alternative, where a citizen is either unable, or chooses not to document reimbursable costs otherwise recoverable under this subsection, the discharger shall, in addition to any other fees or costs authorized under this Section, pay $50 to the citizen for cost reimbursement.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 114-97, App. 3/28/97; Ord. 116-97, App. 3/28/97)
SEC. 133.  PENALTIES.
   (a)   Criminal Penalties.
      (1)   Except as provided in Subsection (a)(2) of this Section, any person who violates any provision of this Article is guilty of a misdemeanor and upon conviction shall be fined in an amount not exceeding $1,000 or be imprisoned in County Jail for not more than six months, or both. Each day each violation is committed or permitted to continue shall constitute a separate offense.
      (2)   Any person who violates Section 123(e), Section 123(f), or Section 123(h) of this Article shall be guilty of:
         (A)   A misdemeanor in accordance with Subsection (a)(1) of this Section; or
         (B)   An infraction punishable by a fine in an amount not in excess of $500. Each day each violation is committed or permitted to continue shall constitute a separate offense.
      (3)   Falsifying of Information. Any person who knowingly makes any false statement or misrepresentation in any record, report plan, or other document filed with the General Manager, or tampers with or knowingly renders inaccurate any monitoring device or sampling and analysis method required under this Article, shall be punished by a fine of not more than $25,000 or by imprisonment in County Jail for not more than six months, or both.
   (b)   Civil Penalties.
      (1)   Any person who, without regard to intent or negligence, causes or permits any discharge of wastewater or hazardous waste, as defined in Title 22, California Code of Regulations and its amendments, into the City's sewerage system, except in accordance with all permit requirements and other provisions of this Article; violates any provision of a cease and desist order or cleanup and abatement order issued by the General Manager; or violates any requirement or prohibition of this Article, shall be liable civilly to the City in an amount not to exceed $10,000 per day for each violation that occurs.
      (2)   Any person who intentionally or negligently causes or permits any discharge of wastewater or hazardous waste, as defined in Title 22, California Code of Regulations, into the City's sewerage system, except in accordance with all permit requirements and other provisions of this Article; violates any provision of a cease and desist order or cleanup and abatement order issued by the General Manager; or violates any requirement or prohibition of this Article, shall be liable civilly to the City in an amount not to exceed $25,000 per day for each violation that occurs.
   (c)   Administrative Civil Penalties.
      (1)   Notwithstanding Subsection (b), any person who, without regard to intent or negligence, causes or permits any discharge of wastewater or hazardous waste, as defined in Title 22, California Code of Regulations and its amendments, into the City's sewerage system, except in accordance with all permit requirements and other provisions of this Article; violates any provision of a cease and desist order or cleanup and abatement order issued by the General Manager; or violates any requirement or prohibition of this Article, shall be liable civilly to the City in an amount not to exceed $1,000 per day for each violation that occurs.
      (2)   Notwithstanding Subsection (b), any person who intentionally or negligently causes or permits any discharge of wastewater or hazardous waste, as defined in Title 22, California Code of Regulations, into the City's sewerage system, except in accordance with all permit requirements and other provisions of this Article; violates any provision of a cease and desist order or cleanup and abatement order issued by the General Manager; or violates any requirement or prohibition of this Article, shall be liable civilly to the City in an amount not to exceed $2,000 per day for each violation that occurs.
      (3)   A civil penalty may not be imposed pursuant to this subsection and Subsection (b) for the same violation.
   (d)   Remedies under this Section are in addition to, and do not supersede or limit, any and all other civil or criminal remedies available to the City under local, State and federal law.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 134.  LIENS.
   (a)   Costs and charges incurred by the City by reason of the abatement of any violation of this Article, including but not limited to monitoring and inspection costs; a delinquency in the payment of a bill for any industrial waste charge in excess of 30 days; and any civil penalties assessed against a discharger for violations of this Article or against the City for violations caused by a discharger shall be an obligation owed by the owner of the property where the discharge originated in the City. The City shall mail to the owner of the property where the discharge occurred a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts due are not paid within 30 days after mailing of the notice.
   (b)   Liens shall be created and assessed in accordance with the requirements of Article XX of Chapter 10 of the San Francisco Administrative Code, commencing with Section 10.230.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97; Ord. 322-00, File No. 001917, App. 12/28/2000)
SEC. 135.  NEWSPAPER NOTIFICATION OF VIOLATIONS.
   The General Manager shall provide for annual notice in the City's largest circulated newspaper of dischargers that were in significant noncompliance during the preceding 12 months.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 136.  DISCLOSURE OF INFORMATION.
   (a)   Any records, reports, or information submitted by a discharger to the General Manager, whether made in writing or by communication incorporated in Department reports, shall be available to the public, except upon a showing made by a discharger satisfactory to the General Manager that public disclosure of records, reports, or information which the General Manager or other authorized personnel has received would divulge methods or processes entitled to protection as confidential trade secrets. All such records, reports, or information at any time may be disclosed to other authorized City personnel or any local, State or federal agency.
   (b)   Whenever the General Manager makes a written request or orders that a discharger furnish information, the request or order shall include a notice that:
      (1)   States that the discharger may assert a business confidentiality claim covering specified information; and
      (2)   States that if no such claim accompanies the information when it is received by the General Manager, it may be made available to the public without further notice to the discharger.
   (c)   In assessing the validity of a business confidentiality claim, the General Manager shall determine whether the information is entitled by statute or judicial order to confidential treatment. In the absence of such a finding, the General Manager shall make the information available for public disclosure.
   (d)   Notwithstanding any other provision of this Section, discharger wastewater data is not confidential and shall be made available to the public without restriction.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 137.  RETENTION OF DISCHARGER INFORMATION.
   Any reports that must be submitted pursuant to Section 127 to the General Manager by a discharger shall be retained for a minimum of five years and shall be made available for inspection and copying by the General Manager or any State or federal agency. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the discharger or the operation of the City's pretreatment program or when requested by any State or federal agency.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 138.  SEVERABILITY.
   If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article, is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article. The Board of Supervisors declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases could be declared unconstitutional, invalid or ineffective.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
SEC. 139.  CITIZEN ENFORCEMENT ACTIONS.
   (a)   Authorization. Any citizen may commence a civil action on his or her own behalf against any person who is alleged to have violated, or to be in violation of: (i) any requirement imposed pursuant to this Article; or (ii) any order, regulation, variance or permit issued by the General Manager pursuant to this Article. For purposes of this Section and Subsection (h) of Section 132, "citizen" shall mean either of the following:
      (1)   An individual who resides in the City; or
      (2)   A corporation, partnership or association that maintains its principal office in the City, and which has an interest which is, or may be, adversely affected.
   (b)   Notice. No action may be commenced under Subsection (a) of this Section:
      (1)   Prior to 60 days after the citizen has given notice of the alleged violation to (A) the General Manager, (B) the City Attorney, (C) the District Attorney, and (D) the alleged violator or violators of the requirement, order, regulation, variance or permit; or
      (2)   If the City has commenced and is diligently prosecuting a civil, criminal, or administrative penalty action pursuant to this Article and the City's enforcement response plan to require compliance with the requirement, order, regulation, variance or permit, provided that in any such action brought in State court, any citizen may intervene as a matter of right.
   (c)   Intervention: Protection of City Interests.
      (1)   In any action brought under this Section where the City is not a party, the City may intervene as a matter of right.
      (2)   Whenever an action is brought under this Section, the plaintiff shall serve a copy of the complaint on the City Attorney and General Manager. No consent judgment or settlement shall be entered in an action in which the City is not a party prior to 30 days following receipt of the proposed consent judgment or settlement by the City Attorney and General Manager.
   (d)   Litigation Costs. The court in issuing any final order brought pursuant to this Section shall award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party who brought the underlying action, when the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought by the citizen, require a filing of a bond or undertaking in accordance with State law and local court rules.
   (e)   Other relief not restricted.
      (1)   Nothing in this Section shall restrict any right which any person may have under any statute, ordinance, or common law to seek enforcement of any requirement prescribed by or under this Article, or to seek any other relief.
      (2)   Nothing in this Section shall be construed to prohibit or restrict the City from bringing any administrative, civil or criminal action or obtaining any remedy or sanction against any person to enforce any requirement set forth in this Article. Nothing in this Section shall be construed to authorize judicial review by a citizen of any permit, role, variance or regulation issued pursuant to this Article.
(Added by Ord. 115-97, App. 3/28/97)
SEC. 140.  CONTROL OF FATS, OILS AND GREASE.
   a.   Sections 140--140.7 of this Article provide requirements for the control of the discharge of fats, oils and grease to the City's sewerage system. Large quantities of fats, oil and grease that are discharged from commercial and residential kitchens contribute to blockages in the City's sewerage system. The resulting clogs in sewer pipes cost the City millions of dollars each year in grease removal and sewer repair costs, and result in the overall degradation of the City's sewer infrastructure.
   b.   This Article facilitates implementation of a comprehensive pollution prevention program to keep fats, oils and grease out of the City's sewer system, and compliance with the City's current Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits and the Sanitary Sewer Overflow Waste Discharge Requirements (WDRs) permit, which are issued by the San Francisco Bay Regional Water Quality Control Board and the United States Environmental Protection Agency (US EPA).
   c.   The US EPA promotes the development of fats, oils and grease control programs throughout the country because approximately 40,000 fats, oils and grease-related sanitary sewer overflows that have the potential to contaminate the nation's water bodies occur each year. Nationwide, wastewater utilities have been sued for violations of the Clean Water Act caused by sanitary sewer overflows.
   d.   The City's aggressive efforts to control fats, oils and grease will enhance its compliance with the Clean Water Act, and also reduce the potential for system back-ups from the combined sewer system.
   e.   The primary objective of sections 140-140.7 of this Article is to reduce fats, oils and grease discharges from local food service establishments into the City's sewerage system. Food service establishments are required by current regulations to comply with a limit on the amount of total oil and grease they can discharge into City sewers. This discharge limit has not been completely effective in keeping fats, oils and grease out of the sewers. Many food service establishments have grease capturing equipment that is not well maintained or serviced and does little to remove grease from wastewater discharges. Other food service establishments have no grease capturing equipment at all.
   f.   Sections 140-140.7 of this Article will:
      1.   Provide standards for the types of grease capturing equipment that must be installed by food service establishments;
      2.   Provide for the effective long-term use of grease capturing equipment through related operational requirements and prohibitions, and periodic inspections;
      3.   Increase opportunities for recovering from wastewater discharge lines both food solids (which can be composted) and waste grease (which can be recycled, and may also be able to be converted to biofuel);
      4.   Aid in preventing sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils and grease in the sanitary sewerage system;
      5.   Prevent the uncontrolled introduction of fats, oils and grease into the sewage system that will interfere with its operation; and
      6.   Facilitate City compliance with applicable federal and state laws regarding sewerage system operations.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
SEC. 140.1.  APPLICABILITY.
   The provisions of sections 118-139 of this Article apply to the discharge of fats, oils and grease to the City's sewerage system, except to the extent different requirements or procedures are provided in sections 140.1-140.7 of this Article. Sections 140.1-140.7 of this Article are intended to complement, rather than supersede, the provisions of City building codes and regulations applicable to the installation and operation of grease capturing equipment. Sections 140-140.7 shall be effective on and after April 1, 2011.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
SEC. 140.2.  DEFINITIONS.
   In addition to the definitions provided in section 119 of this Article, the following definitions are applicable to the discharge and control of fats, oils and grease:
   a.   Best Management Practices (BMPs). Operational activities, prohibitions, maintenance procedures, and other management activities that implement the requirements of this Article, state and federal law, and Department rules, regulations, permits or authorizations.
   b.   Fats, Oils and Grease (FOG). Organic polar compounds derived from vegetable/plant or animal sources composed of long-chain triglycerides that are used in, or are byproducts of, the cooking or food preparation process. A wide range of food preparation activities, including but not limited to the following, can generate fats, oils or grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbequing, or any other food preparation activity that produces a hot food product in or on a receptacle that requires washing.
   c.   First Certificate of Occupancy. A temporary certificate of occupancy or a Certificate of Final Completion and Occupancy, as defined in San Francisco Building Code Section 109A, whichever is issued first.
   d.   Food Service Establishment (FSE). A non-residential wastewater discharger that engages in activities of preparing, serving, or otherwise making available food for consumption by the public or on the premises, including restaurants, commercial kitchens, caterers, hotels and motels, schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other facility preparing and serving food for public consumption. Food Service Establishments consist of the following four categories of FOG dischargers:
      i.   Category 4 FOG Discharger: A FSE that engages only in reheating, hot holding, or assembly of ready to eat food products. Category 4 FOG Dischargers are also referred to as Limited Food Preparation Establishments.
      ii.   Category 3 FOG Discharger: A FSE that, in the process of preparing and making food available to the public or on the premises, generates FOG that is discharged into the City's sewerage system, and has been determined by the General Manager to pose a less-significant risk of discharging FOG to the sewerage system. Category 3 FOG Dischargers are also referred to as Less-Significant Grease Dischargers.
      iii.   Category 2 FOG Discharger: A FSE that, in the process of preparing and making food available to the public or on the premises, generates FOG that is discharged into the City's sewerage system, and, prior to April 1, 2011, had installed grease capturing equipment that was properly sized and installed, and remains fully operational and properly maintained and serviced, as determined by the General Manager.
      iv.   Category 1 FOG Discharger: A FSE that, in the process of preparing and making food available to the public or on the premises, generates FOG that is discharged into the City's sewerage system, and does not meet the criteria for Category 2, Category 3 or Category 4 FOG Dischargers.
   e.   Gravity Grease Interceptor (GGI). A plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and grease from a wastewater discharge and is identified primarily by gravity separation and a minimum total volume of 300 gallons.
   f.   Grease Capturing Equipment. A plumbing appurtenance or appliance that is installed in a sanitary drainage system to separate fats, oils and grease from a wastewater discharge. Grease capturing equipment include gravity grease interceptors, hydromechanical grease interceptors, grease removal devices and any other grease capturing equipment authorized by the General Manager or the Department.
   g.   Grease Capturing Equipment Waste. Material collected in and from grease capturing equipment, including any solids resulting from dewatering processes.
   h.   Grease Removal Device (GRD). Any hydromechanical grease interceptor that automatically, mechanically removes non-petroleum fats, oils and grease from the interceptor, the control of which are either automatic or manually initiated.
   i.   Hydromechanical Grease Interceptor (HGI). A plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and grease from a wastewater discharge and is identified primarily by a design that incorporates hydromechanical separation.
   j.   Less-Significant Grease Discharger. A FSE Category 3 FOG Discharger.
   k.   Limited Food Preparation Establishment. A FSE Category 4 FOG Discharger.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
SEC. 140.3.  PROHIBITIONS AND LIMITATIONS.
   a.   Disposal of Fats, Oils and Grease or any food waste containing Fats, Oils and Grease directly into drains leading to the sewer system is prohibited, except in accordance with this Article, the Department's rules and regulations, and applicable building codes and regulations.
   b.   Notwithstanding section 123(e)(3) of this Article, installation of garbage grinders in new Food Service Establishments is prohibited. Garbage grinders in existing Food Service Establishments shall be removed or rendered permanently inoperative by May 1, 2011.
   c.   Discharge of wastewater with temperature higher than 140° to or through grease capturing equipment is prohibited.
   d.   Discharge of wastewater from dishwashers to or through grease capturing equipment is prohibited.
   e.   Discharge of water closets, urinals, and other plumbing fixtures conveying human waste to or through any type of grease capturing equipment is prohibited.
   f.   The concentration of Fats, Oils and Grease discharged from Food Service Establishments into the City's sewerage system shall not exceed the discharge limit for total recoverable oil and grease established pursuant to Article 4.1 of the San Francisco Public Works Code, as amended from time to time.
   g.   The discharge of solvents or additives that emulsify grease into drainage pipes leading to grease capturing equipment is prohibited.
   h.   The use of biological additives, including, but not limited to enzymes, into drainage pipes leading to grease capturing equipment is prohibited.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
SEC. 140.4.  GENERAL REQUIREMENTS.
   a.   All Food Service Establishments, with the exception of Limited Food Preparation Establishments, shall install, operate, maintain and service Grease Capturing Equipment and implement specified Best Management Practices, in accordance with this Article, any permits, authorizations, rules and regulations issued by the General Manager and Department, and applicable City building codes and regulations.
   b.   All Food Service Establishments shall properly store and recycle or dispose of Fats, Oils and Grease diverted from their liquid wastestreams in accordance with all laws and regulations applicable to such storage, recycling and disposal.
   c.   All Food Service Establishment kitchen fixtures connected to drainage pipes that lead to grease capturing equipment or sewer laterals shall have small-mesh food strainers that are intact and functional.
   d.   All Food Service Establishment wastewater dischargers must at all times comply with the provisions of this Article, all other applicable local, state and federal laws, including but not limited to applicable provisions of the San Francisco Health Code and San Francisco Building and Plumbing Codes, and applicable rules, regulations, permits and authorizations issued by the General Manager and the Department.
   e.   All Food Service Establishments shall ensure that all pots, pans, dishware and work areas are wiped prior to washing of such utensils, equipment or areas; and shall implement any other Best Management Practices deemed appropriate by the General Manager or the Department.
   f.   All Food Service Establishments shall apply for a wastewater discharge permit or other authorization if required by the General Manager.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
SEC. 140.5.  GREASE CAPTURING EQUIPMENT REQUIREMENTS.
   a.   All grease capturing equipment shall be installed in accordance with this Article, any permits, authorizations, rules and regulations issued by the General Manager and the Department, and applicable City building codes and regulations.
   b.   Any Grease Removal Devices installed by a Food Service Establishment in accordance with the requirements of this Article shall conform to standards or guidelines deemed applicable by the General Manager or the Department.
   c.   Category 1 FOG Dischargers shall install a Grease Removal Device (or a Gravity Grease Interceptor) in accordance with the provisions of this Article within 60 days of notification by the General Manager, but in any event no later than July 1, 2013.
   d.   Category 2 FOG Dischargers shall install a Grease Removal Device (or a Gravity Grease Interceptor) in accordance with the provisions of this Article and within a time period specified by the Department when notification is given to the FSE, if one or more of the following conditions applies, as determined by the General Manager:
      i.   The pre-existing grease capturing equipment is not properly sized, properly installed, fully operational or properly maintained and serviced.
      ii.   The wastewater discharge from the FSE does not comply with the City's wastewater discharge limit for total recoverable oil and grease.
      iii.   The FSE is causing or contributing to grease accumulation problems in sewer laterals or sewer mains.
      iv.   Some or all of the fats, oils and grease waste containing discharge lines are not connected to pre-existing grease capturing equipment, and connecting these to pre-existing grease capturing equipment is not appropriate.
   e.   Category 3 or Category 4 FOG Dischargers that change operations to the extent that the FSE no longer meets the definition of a Category 3 or Category 4 FOG discharger, shall comply with the grease capturing equipment requirements of Category 1 or Category 2 FOG Dischargers, whichever is applicable, as determined by the General Manager.
   f.   Category 3 or Category 4 FOG Dischargers causing or contributing to grease accumulation problems in sewer laterals or sewer mains, as determined by the General Manager, shall comply with the grease capturing equipment requirements of Category 1 or Category 2 FOG Dischargers, whichever is applicable, as determined by the General Manager.
   g.   A Food Service Establishment may file a request to the General Manager for a variance from the Grease Removal Device installation requirements of this Article if the FSE can demonstrate that it is not feasible for a Grease Removal Device to be installed due to lack of physical space. The Food Service Establishment requesting such a variance shall bear the burden of demonstrating that the installation of a Grease Removal Device is not feasible. The determination as to whether a FSE qualifies for a variance for the reasons detailed in this subsection shall be at the sole discretion of the General Manager.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
SEC. 140.6.  NEW CONSTRUCTION, CHANGES IN OWNERSHIP, AND REMODELING.
   a.   The following requirements shall apply when ownership of an existing Food Service Establishment changes:
      1.   Within 30 days of the official transfer of ownership, the new owner shall apply for a Food Service Establishment Wastewater Discharge Permit, or other authorization, as required by the Department rules and regulations. The application shall describe any changes in food preparation and/or kitchen fixtures that could affect the FOG Discharger category that was assigned to the establishment under its previous ownership.
   b.   The following requirements shall apply to newly constructed Food Service Establishments:
      1.   Category 3 FOG Dischargers, also referred to as Less-Significant Grease Dischargers, shall install Grease Capturing Equipment and the equipment shall be operational prior to commencing the discharge of wastewater from food processing and/or kitchen areas into the City's sewerage system.
      2.   Category 1 FOG Dischargers shall install a Grease Removal Device or a Gravity Grease Interceptor and the equipment shall be installed and operational prior to commencing the discharge of wastewater from food processing and/or kitchen areas into the City's sewerage system.
      3.   No City department shall issue a First Certificate of Occupancy to a new Food Service Establishment until it has complied with this section.
   c.   Any existing non-Food Service Establishment business that expands or renovates its operations to include a Food Service Establishment, with the exception of a Limited Food Preparation Establishment, shall comply with the requirements of section 140.6(b)(1) or 140.6(b)(2), whichever is applicable.
   d.   Existing Food Service Establishments proposing remodeling or renovations that require a plumbing permit for work in food processing and/or kitchen areas and meet the criteria below shall be required to install, as part of their project, a Grease Removal Device or Gravity Grease Interceptor that complies with this Article and applicable City building codes:
      1.   Modifications are proposed to under-slab plumbing in the food processing or kitchen areas; and/or
      2.   An increase in the size of the kitchen area is proposed; and/or
      3.   Changes to the size and/or type of food preparation equipment are proposed which will increase the amount of fats, oils and grease discharged into the sewerage system.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
SEC. 140.7.  MAINTENANCE AND OPERATIONS.
   a.   Grease capturing equipment must be operated and maintained effectively and properly at all times, and in accordance with any rules and regulations issued by the General Manager and the Department. Food Service Establishments shall be required to keep and/or provide equipment maintenance and service logs or receipts, and to retain such logs on-site.
   b.   Grease capturing equipment shall be maintained at a frequency such that the combined fats, oil and grease and solids accumulation does not exceed 25% of the total hydraulic depth of the equipment.
   c.   Food Service Establishments shall comply with any Department directive to increase the frequency of Grease Capturing Equipment servicing, if the frequency of servicing is not adequate to ensure that the combined fats, oil and grease and solids accumulation does not exceed 25% of the total hydraulic depth of the equipment.
   d.   In addition to the specific grease capturing equipment operation and maintenance requirements in this Article, Food Service Establishments must follow the manufacturers' recommendations and guidelines for appropriate operation and maintenance of the grease capturing equipment. Information on the manufacturer-recommended operations and maintenance of the grease capturing equipment shall be retained on-site by the Food Service Establishment.
   e.   Gravity Grease Interceptors shall be serviced and emptied of accumulated waste content as required to maintain efficient operations and shall be pumped out and cleaned only by a waste hauler certified by the California Department of Food and Agriculture.
   f.   Grease Capturing Equipment Waste that is removed by any means other than self-cleaning must be removed by a grease hauler certified by the California Department of Food and Agriculture. The maintenance records signed by the certified grease hauler shall be retained on-site by the Food Service Establishment for three years.
   g.   Materials removed from grease capturing equipment shall not be reinserted into the interceptor or allowed to pass into the sewerage system.
   h.   Best Management Practices regarding maintenance and operations of grease capturing equipment, specified by the Department, shall be implemented by all Food Service Establishments.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)