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(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;
(3) To issue and order pursuant to Section 132 of this Article that revokes or suspends a permit;
(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)
(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)
(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)
(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)
(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.
(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)
(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)
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)
(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)
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)
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