San Francisco County Municipal Code Div. III Underground Storage Tank Permits

(a) Except as otherwise authorized by this Article, Chapter 6.7 of the California Health and Safety Code, commencing with Section

25280, and any implementing regulations, no person shall own or operate an underground storage tank ("UST") unless a permit for its operation has been issued by the Department as required by this Article, Chapters 6.7 and 6.75 of the California Health and Safety Code, commencing with Section 25280, and any implementing regulations. (b) Any person required to obtain a UST permit pursuant to this Article shall submit an application through the California Environmental Reporting System ("CERS") and any required information and fees upon notification by the Department. Any person so notified by the Department who fails to submit the required information and fees within the time specified in the notice shall be assessed an additional fee and a site investigation fee, if a site investigation is required, as a penalty. The amount of the additional fee and site investigation fee is specified in Section 1176. A person assessed such fees may appeal the amount of the fee levied by requesting a Director's hearing pursuant to Section 1137. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 26-14, File No. 130401, App. 3/21/2014, Eff. 4/20/2014)

(a) A UST permit shall be issued for a term of one year, except as otherwise provided in this Article. (b) Every application for the renewal of a permit shall be made at least 30 days prior to the expiration date of such permit. The application for renewal shall include a certification by the permittee that the permittee has reviewed the information submitted on the permit application and any addenda thereto and that any necessary changes to the permit application and addenda have been made. Applications to renew a UST permit shall comply with all applicable requirements of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280). (c) Any permit for which a properly completed application for renewal has been received by the Director of Health prior to the expiration date shall remain in effect until a decision has been made on the application and all administrative appeals have been

exhausted or the time for appeal has expired. (d) A permit is not transferable to another person, address or physical location within the same address. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

(a) A certificate of registration or permit does not take the place of any license required by State, federal or local law nor does compliance with the permit requirements of this Article relieve any party of compliance with any other applicable State, federal or local law. (b) Granting of a certificate of registration or permit under the provisions of this Article does not constitute authorization to handle hazardous materials at any establishment, if such handling violates a provision of this Article or any other local, federal, or State statute, code, ordinance, rule, or regulation relating to hazardous materials, or if hazardous materials are handled in such a manner as to cause an unauthorized release of hazardous materials or to pose a significant risk of such unauthorized release. (Added by Ord. 164-92, App. 6/10/92)

(a) A permit to operate a UST shall contain the following information: (1) The name and address of the permittee for purposes of notice and service of process; (2) The street address of the establishment for which the permit is issued; (3) Authorization of the UST approved under the permit; (4) The date the permit is effective; (5) The date of expiration; (6) Any special conditions of the permit. (b) The permittee shall post a notice of the permit obtained pursuant to this Section, in a location open to public access during normal business hours, at each establishment for which a permit is obtained. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

(a) The Director of Health shall take final action on a permit denial, issuance, modification or renewal by mailing a copy of the permit denial, issuance, modification or renewal to the applicant, and if different, the owner of record of the real property on which the UST is located. (b) The Director of Health shall publish notice of the action on the permit by posting a notice at City Hall or at the Department of Health offices at 101 Grove Street, or by publication in a newspaper of general circulation. The notice shall include a summary of the Director's action on the permit, and instructions for filing a public hearing request. The Director's action shall be final 15 days after the Director's posting or publication of the notice of permit action, unless a public hearing is requested as provided in Subsection (c). (c) Any person who deems that his or her interests or property or that the general public interest will be adversely affected by the Director's denial, issuance, modification, or renewal of a permit may request a public hearing within 15 days of the Director's publication of a notice of permit action. The Director shall hold a public hearing after giving the notice provided in Section 1137. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97) DIVISION IV

ENFORCEMENT

The Director of Health shall have authority to administer and enforce all provisions of this Article. Pursuant to this authority the Director of Health may issue certificates of registration and permits for underground storage tanks; deny, revoke or suspend any permits issued pursuant to this Article; enforce the provisions of this Article by any lawful means available for such purpose; inspect establishments; inspect and monitor hazardous materials release sites; and require persons or businesses operating establishments or USTs to take actions to prevent the release of hazardous materials and to clean up and abate a release of hazardous materials. The Director of Health and officials of the Fire Department, Department of Public Works, Department of City Planning and other affected departments shall mutually cooperate with each other to carry out the intent of this Article. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of this Article to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorneys' fees. The Court may award punitive damages in a proper case. (Added by Ord. 164-92, App. 6/10/92)

Remedies under this Section are in addition to and do not supersede or limit any and all other remedies, civil or criminal. (Added by Ord. 164-92, App. 6/10/92)