San Francisco County Municipal Code Div. IV Enforcement

SEC. 825. RIGHT OF ENTRY AND INSPECTION. The Department shall have the right to enter any premises, as authorized by this Article, to verify, by inspection and/or testing, compliance with the requirements of this Article. This right of entry shall be exercised only at reasonable hours, and entry shall be made to any premises only with the consent of the owner or occupant thereof, or with a proper inspection warrant. If the owner and/or occupant thereof refuses to give consent, the Department may request the City Attorney to seek an inspection warrant from the Superior Court for the County of San Francisco pursuant to Title 13 of the California Code of Civil Procedure (Section 1822.50 et seq.). (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 826. SPECIFIC INSPECTION AUTHORIZED. In addition to the inspections set forth below, the Department may inspect the drilling or excavation site at such other times as it deems necessary to carry out the purposes of the Article. The Department is authorized to obtain water samples, as needed. (a) Annual Inspection. The Department shall annually inspect each permitted well to ensure that such well is being operated or maintained in compliance with the requirements of this Article and the terms of the permit. (b) Initial Inspection. Upon the receipt of an application for a permit, the Department may inspect the drilling or excavation site before the issuance of the permit. If the Department determines that the site conditions require additional protective measures than those proposed in the permit application, the Department may require the relocation of the drilling or excavation site, or impose additional conditions in the permit that is needed to protect groundwater quality and the public health. (c) Well Seal Inspection. The Department may inspect the annular space grout depth prior to sealing. Permittee shall notify the Department the commencement of any construction activities at least ten (10) days prior to the commencement of drilling and provide the anticipated time to commence the sealing of the annular space. Permittee shall notify the Department at least forty-eight (48) hours prior to the sealing the annular space. No seal of the annular space shall be tremied unless authorized by the Department. All wells shall be sealed in accordance with the standards set forth in this Article and any applicable permit provisions. (d) Final Inspection. The applicant shall notify the Department within seven (7) days of the completion of its work at each drilling site. The Department may make a final inspection after the completion of the work to determine whether the well was completed in accordance to the requirements of this Article. (e) Well Destruction Inspection. The applicant shall notify the Department the commencement of any well destruction activities at least ten (10) days before the commencement of such activities. (f) Waiver of Inspection. The Department may waive the inspection set forth in this Section if any of the following conditions exists: (1) The work will be inspected by the California Regional Water Quality Control Board or the California Department of Health Services or the California Department of Toxic Substances Control and these designated agencies will provide a report to the Department regarding all drilling features. (2) Drilling site is well known to the Department and it is known that no significant threat to groundwater quality exists in the area.

(g) Failure to Notify. (1) Upon an applicant's failure to notify the Department of the filling of the annular space, the well owner/operator may not operate the well until he/she submits results from approved geophysical testing, including Sonic Log and Gamma Ray Log, demonstrating that the annular space has been properly installed. (2) Upon an applicant's failure to notify the Department of the destruction of a well, the Department may require the well owner/operator to submit a report from the contractor who destroyed the well describing the work performed during the destruction of the well. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 827. REPORT OF COMPLETION. Within thirty (30) days of the construction, modification, or destruction of any well, the well owner/operator or his/her contractor shall submit to the Department a copy of the "Report of Completion" (Water Well Drillers Report, Department of Water Resources Form 188) in accordance with California Water Code § 13571. Such submission shall not be deemed to relieve the well owner/operator or his/her contractor of their obligation to file such report with the State Department of Water Resources. (a) Confidentiality of Report. Pursuant to California Water Code § 13572, the Report of Completion shall be kept confidential unless the release of the report is authorized by that section. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 828. SUSPENSION AND REVOCATION. The Department shall have the authority to suspend or revoke any permit issued under this Article upon a showing that the permittee has violated any provisions of the permit or this Article, has misrepresented any material act in an application or any supporting documents for a permit, or failed to comply with any final non-appeal Directors order. Prior to ordering such suspension or revocation, the Department shall hold an administrative hearing pursuant to Section 833 of this Article. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 829. ENFORCEMENT. (a) Cease and Desist Orders. Whenever the Department finds that a person in violation of any requirements of this Article, permit or any order issued under this Article, by the Director may: (1) Issue an order directing the person to cease and desist such violation and directing the person to achieve compliance with a detailed time schedule of various actions the person must take to correct or prevent violations of this Article. (2) Issue an order revoking or suspending any permit. (b) Any order issued under this Subsection may require the person to provide such information as the Department deems necessary to explain the nature of the violation. The order issued may require the person to pay the City the costs of any extraordinary inspection or monitoring deemed necessary by the Department because of the violation. (c) Administrative Complaints. The Department may issue an administrative complaint, approved as to form by the City Attorney to any person who is in violation of this Article, any provisions of the permit or a final and non-appealable Director's order issued under this Article. The complaint shall allege the acts or omissions that constitute the basis for liability and the amount of the proposed administrative penalty. The Department shall serve the complaint by personal service or certified mail, return receipt requested, and shall inform the party so served that an administrative hearing provided for in Section 833 shall be conducted within 60 days after the party has been served, unless the party waives its right to the hearing. If the party waives the right to the hearing, the Director shall issue an order setting liability in the amount proposed in the complaint unless the Department and the party have entered into a settlement agreement, in which case, such agreement shall be construed as an order issued by the Director. The settlement agreement shall be approved as to form by the City Attorney. Where the party has waived its right to a hearing or where there is a settlement agreement, the order shall not be subject to review by any court or agency. (d) Referral to the District Attorney. Upon the failure of any person to comply with any requirement of this Article, the Department may refer the matter to the District Attorney for criminal prosecution. (e) Injunctive Relief.

(1) Upon the failure of any person to comply with any requirement of this Article, permit, any regulation or any order issued by the Director, the City Attorney, upon request by the Director, may petition the proper court for injunctive relief, payment of civil penalties and any other appropriate remedy, including restraining such person from continuing any prohibited activity and compelling compliance with lawful requirements. (2) In any civil action brought under this Subsection 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 any of the following: (A) Irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued; (B) The remedy at law is inadequate The court shall issue a temporary restraining order, preliminary injunction or permanent injunction in a civil action brought under this Article without the allegations and without the proof specified herein. (f) Notice of Violation. Upon a determination of violations of this Article, the Department may issue a notice of violation setting forth all violations found and a time period to correct such violation. The owner and operator of the well/soil boring and the owner of the property on which the well/soil boring is situated shall be provided with a copy of the notice of violation. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 830. PENALTIES. (a) Criminal Penalties. Any person who knowingly and willfully violates the requirements of this Article, or any final and non- appealable order issued by the Department is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not less than fifty dollars ($50) and not more than five hundred ($500) for each day per violation, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment. (b) Civil Penalties. Any person in violation of this Article or any final and non-appealable order issued by the Department shall be liable to the City and County of San Francisco for a civil penalty in an amount not to exceed one thousand dollars ($1,000) per day per violation. Each day in which the violation continues shall constitute a separate and distinct violation. (c) Administrative Penalties. The Department may issue to any person an administrative complaint, approved as to form by the City Attorney, for violating this Article or any final and non-appealable order issued by the Department. The administrative complaint shall allege acts or omissions that constitute a violation and the amount of the proposed administration penalty sought. Such administrative penalty shall be in an amount not to exceed one thousand ($1,000) per day per violation. Each day in which the violation continues shall constitute a separate and distinct violation. (d) Non-Duplication of Penalty Assessment. Civil penalties shall not be assessed pursuant to Subsection (b) for same violations for which the Department assessed an administrative penalty pursuant to Subsection (c). (e) Factors Considered. In determine the appropriate penalties, the court, the Director shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 831. LIABILITY FOR DAMAGES. In addition to any penalties provided for in this Article, any person who destroys or causes the destruction of a well in violation of the standards set forth in the "Water Well Standards: State of California, California Department of Water Resources Bulletin 74," 1968, including all subsequent modifications, shall be liable for any damages caused by the improperly destroyed well including, without limitation, the contamination or pollution of the groundwater. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 832. LIENS. (a) Costs and charges incurred by the City as a result of enforcement activities including, without limitations, monitoring and inspection costs, delinquency in the payment of a bill for fees applicable under this Article in excess of thirty (30) days, and any final administrative penalties assessed against a person for violations of this Article shall be an obligation owed to the City by the owner of the

property where the well and/or soil boring is located, provided that the owner was given notice and opportunity to contest the assessment of such fees, charges or penalties. Such obligation may be collected by means of the imposition of a lien against such property. The City shall mail to property owner a notice of the amount due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within thirty (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. 113-05, File No. 050547, App. 6/10/2005) SEC. 833. ADMINISTRATIVE HEARING. (a) The Director shall hold an administrative hearing for the following purposes: (1) To issue or deny a permit application when requested by a person pursuant to this Article; (2) To modify, revoke or suspend a permit that has been issued pursuant to this Article, except as otherwise provided in this Article; (3) To issue an order imposing administrative penalty against a person unless such person waived her or his right to a hearing. (b) Notice of hearing pursuant to this Section shall be given by publication in a newspaper of general circulation in the City and County of San Francisco for at least two (2) days and not less than ten (10) days prior to the date of such hearing. Written notice shall be sent to any interested person, including without limitation the applicant or permittee by certified mail, return receipt requested, at least ten (10) days in advance of the hearing. The notice shall state the nature and purpose of the hearing and the hearing date and location. (c) In any hearing held in accordance with this Article, any party shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to see and copy all documents and other information the City relies on in the proceeding, to be represented by counsel, and to confront and cross-examine any witnesses against them. The hearing may be continued for a reasonable time once upon a showing of good cause by the party requesting such continuance. The request for continuance shall be in writing setting forth the basis for the request and shall be submitted to the Director at least one business day before the hearing. (d) In a hearing to issue an order setting liability for administrative penalties, the Director shall designate a certified court reporter to report all testimonies, the objections made, and the rulings of the objections made by the Director. Fees for the transcripts of the proceeding shall be at the expense of the party requesting the transcript as prescribed by the California Government Code § 69950, and the original transcript shall filed with the Director at the expense of the party ordering the transcript. In all other hearings, the proceedings shall be electronically recorded. (e) The Director shall issue his or her decision and order within thirty (30) days from the conclusion of the hearing. The decision and order shall be in writing and shall contain a statement of reasons in support of the decision. The decision and order shall be sent by certified mail, return receipt requested, to the owner and operator and by first class mail to all other interested parties. (f) An administrative order imposing an administrative penalty shall be final. Such decision shall advise interested parties of their right to seek a judicial review of the decision pursuant to California Code of Civil Procedures § 1094.6. (g) The Director's order to issue, deny, modify, revoke, suspend, or renew a permit may be appealed to the Board of Appeals in the manner prescribed in Article 1, Part III of the San Francisco Municipal Code. Because of the potential threat to the public health and safety of a well that is operating in violation of this Article, the Director's decision to modify, revoke or suspend a permit shall not be automatically stayed upon the filing of an appeal to the Board of Appeal. (h) The Director may designate a hearing officer to preside over any hearing and to act on behalf of the Director in accordance with this Section. The Director may not designate a person to preside over any hearings if such person: (1) has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage; or (2) is subject to the authority, direction or discretion of a person who has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage. (i) Notwithstanding Subsection (h), the Director may designate a person to preside over the hearing if such person participated only as a decision maker or as an advisor to a decision maker in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding or preadjudicative stage. (j) The person designated as the hearing officer shall not receive any additional compensation solely for her or his service as the hearing officer. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 834. DISQUALIFICATION.

The hearing officer is subject to disqualification for bias, prejudice, or interest in the proceeding. It is not alone or in itself grounds for disqualification, without further evidence of bias, prejudice or interest, that the hearing officer: (a) is or is not a member of a racial, ethnic, religious, gender, or similar group and the proceeding involves the rights of that group; (b) has experience, technical competence or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding; or (c) has as a public official participated in the drafting of laws or regulations or in the effort to pass or defeat laws or regulations, the meaning, effect or application of which is in issue in the proceeding. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005)