San Francisco County Municipal Code Div. VIII Miscellaneous

SEC. 1170. REGULATIONS. (a) The Director of Health shall adopt and, from time to time, may amend reasonable regulations implementing the provisions and intent of this Article. Said regulations shall be approved by the Health Commission at a public hearing. In addition to the notices required by law, before the Health Commission approves the issuance or amendment of any rule or regulation, the Director of Health 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. (b) Regulations promulgated by the Director of Health shall be designed to protect the public health, safety and welfare from the hazards arising from the handling of hazardous materials. In developing such regulations, the Director of Health shall consider, among other things, State and federal statutes and regulations pertaining to hazardous materials and consensus standards such as those published by the National Fire Protection Association (NFPA) with the purpose of coordinating local regulations with them. The Director of Health shall also consult with other City departments, bureaus and commissions and other public agencies with jurisdiction over hazardous materials regulation, in developing said regulations. (c) Regulations promulgated by the Director of Health and approved by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors. (Added by Ord. 164-92, App. 6/10/92) SEC. 1171. DISCLAIMER OF LIABILITY. (a) The degree of protection required by this Article is considered reasonable for regulatory purposes. The standards set forth in this Article are minimal standards and do not imply that compliance will ensure no unauthorized release of hazardous material. This Article shall not create liability on the part of the City, or any of its officers or employees for any damages that result from reliance on this

Article or any administrative decision lawfully made pursuant to this Article. All persons handling hazardous materials within the City should be and are advised to determine to their own satisfaction the level of protection desirable to ensure no unauthorized release of hazardous materials. (b) In undertaking this program to obtain disclosure of information relating to the location of hazardous materials, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (c) All inspections specified in this Article shall be at the discretion of the City and nothing in this Article shall be construed as requiring the City to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. (Added by Ord. 164-92, App. 6/10/92) SEC. 1172. DUTIES ARE DISCRETIONARY. Subject to the limitations of due process, notwithstanding any other provision of this Code whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion. (Added by Ord. 164-92, App. 6/10/92) SEC. 1173. CONFLICT WITH OTHER LAWS. Notwithstanding any other provision of this Article: A person or business is exempted from any provisions of this Article that conflict with State or federal law or regulations to which person or business is subject. (Added by Ord. 164-92, App. 6/10/92) SEC. 1174. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Article would be subsequently declared invalid or unconstitutional. (Added by Ord. 164-92, App. 6/10/92) SEC. 1175. FEES. The Director of Health, through the Health Commission, shall recommend to the Board of Supervisors appropriate processing, registration, permit and related fees sufficient to pay for but not exceed the costs in administering this Article. Such fees shall include, but not be limited to: (a) The cost of inspection and enforcement action performed by authorized hazardous materials inspectors; (b) The cost of the appeals process; (c) The cost of filing and processing documents; (d) The cost of printing forms and informational brochures by the Director of Health; (e) The cost of setting up and running a centralized computer data bank on hazardous materials; (f) Other expenses incurred by the City and County of San Francisco in implementing and enforcing this Article.

(Added by Ord. 164-92, App. 6/10/92)

All fees shall be due and payable within 30 days of the date of issuance of a notice of payment due. Delinquent fees shall be subject to a penalty of 10 percent plus interest at the rate of one percent per month on the outstanding balance which shall be added to the amount of the fee collected from the date that payment is due. In addition, the City may impose a lien against the property as provided in Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230). (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 322-00, File No. 001917, App. 12/28/2000)

Permit and registration applicants shall not be entitled to a refund or rebate of a fee because the permit or certificate of registration is denied or application withdrawn. Permit or registration fees are not refundable if the person or business discontinues the activity or use of an establishment prior to the expiration of the term or if the permit is suspended or revoked prior to the expiration of the term. (Added by Ord. 164-92, App. 6/10/92)

Payment of fees as provided in this Article, Article 21A or Article 22 does not exempt the person or business from payment of any other charges which may be levied pursuant to other sections of the San Francisco Municipal Code or written rules and regulations of any department relating to the permit or registration. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

The Director of Health shall cause an annual report to be made and filed with the Controller no later than April 1st of each year as set forth in Section 3.7 of the San Francisco Administrative Code. The Controller shall file said report with the Board of Supervisors no later than May 15th of each year along with a proposed ordinance readjusting the fee rates as necessary to ensure that they produce sufficient revenue to support the costs of providing the services for which each fee is assessed. After receipt of the report, the Board of Supervisors shall, by ordinance, establish or readjust the rates for certificates of registration, permits, inspections, and other related hazardous materials and hazardous waste fees set forth in this Article, Article 21A, or Article 22. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

DEPARTMENTS. Each year the Controller shall determine what percentage of any fee charged pursuant to this Article, Article 21A and Article 22 offsets the costs incurred by City departments other than the Health Department in regulating and inspecting activities authorized by certificates of registration or permits issued by the Health Department pursuant to this Article, Article 21A and Article 22 and the appropriate percentage of such fees shall be credited by the Health Department to the other departments; provided, however, the Health Department shall not charge for the Fire Department's costs if the materials stored or activities at the establishment are subject to the permit requirements of the Fire Code (Part II, Chapter 4) and shall not charge for permit review by the City Planning Department if the owner of the establishment is required to obtain a building permit or previously has received a Health Department, Police Department or Fire Department permit based on the same materials, activities or use.

(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97) SEC. 1176. HAZARDOUS MATERIALS FEE SCHEDULE. (a) Fees Generally. Fees for services and regulatory functions of the Department of Public Health pursuant to this Article shall be as provided in this Section. (b) State Surcharge. Registrants and permittees subject to the requirements of this Article shall pay the annual State surcharge for general program oversight, along with any program-specific service charges established by the Secretary of the California Environmental Protection Agency pursuant to Health and Safety Code Section 25404.5(b). (c) Hazardous Materials Registration Fees. (1) Registration fees shall be payable on the filing of a complete application for a certificate of registration and on annual renewal. On the filing of an addendum disclosing increased quantities or previously undisclosed hazardous materials, a registration fee is due equal to the difference between the most recently charged registration fee and the fee due taking into account the information in the addendum. (2) Registration fees shall be as follows: (A) Temporary certificate of registration, $172; (B) Freight forwarding and freight transportation services establishments, $371; (C) For all other registrants subject to this Article, a fee determined by the total quantity of liquids, quantity of solids and quantity of gases required to be registered by the establishment, excluding hazardous materials contained in underground storage tanks. The applicable fee shall be determined by adding together the appropriate quantity groups as set forth in Chart I for liquids, solids and gases at the establishment (excluding hazardous materials contained in underground storage tanks) in order to arrive at a quantity group total. The corresponding fee for each quantity group total is set forth in Chart II. (D) An establishment required to obtain a UST permit which does not have any aboveground storage of hazardous materials subject to this Article shall be exempt from payment of a registration fee. CHART I QUANTITY GROUPS Group No. Quantity of Liquids (Gallons) Quantity of Solids (Pounds) Quantity of Gases (Cubic Feet) CHART I QUANTITY GROUPS Group No. Quantity of Liquids (Gallons) Quantity of Solids (Pounds) Quantity of Gases (Cubic Feet) 1 Less than 55 less than 500 less than 200 2 55-99 500-999 200-1,499 3 100-499 1,000-1,499 1,500-2,499 4 500-999 1,500-1,999 2,500-3,999 5 1,000-1,499 2,000-3,499 4,000-4,999 6 1,500-1,999 3,500-4,999 5,000-5,999 7 2,000-2,749 5,000-7,499 6,000-6,999 8 2,750-3,499 7,500-9,999 7,000-7,999 9 3,500-4,499 10,000-14,999 8,000-8,999 10 4,500-5,499 15,000-19,999 9,000-9,999 11 5,500-6,499 20,000-24,999 10,000-12,499 12 6,500-7,499 25,000-29,999 12,500-14,999 13 7,500-8,999 30,000-39,999 15,000-17,499 14 9,000-9,999 40,000-49,999 17,500-19,999 15 10,000 or greater 50,000 or greater 20,000 or greater

CHART II CERTIFICATE OF REGISTRATION FEE SCHEDULE Quantity Group Total Registration Fee CHART II CERTIFICATE OF REGISTRATION FEE SCHEDULE Quantity Group Total Registration Fee Fiscal Year 2008 - 2009 1 $284 2 $296 3 $321 4 $384 5 $436 6 $487 7 $540 8 $593 9 $644 10 $694 11 $772 12 $851 13 $928 14 $1,005 15 $1,085 16 $1,160 17 $1,239 18 $1,316 19 $1,395 20 $1,483 21 $1,574 22 $1,665 23 $1,756 24 $1,848 25 $1,937 26 $2,029 27 $2,118 28 $2,222 29 $2,324 30 $2,429 31 $2,532 32 $2,636 33 $2,738 34 $2,842 35 $2,945 36 $3,048 37 $3,153 38 $3,256 39 $3,334 40 $3,411 41 $3,489 42 $3,577 43 $3,618 44 $3,671 45 $3,722

(d) UST Permit Fees. A person required to obtain a UST permit shall pay an annual fee for each tank at each site $327. (e) Aboveground Petroleum Storage Fees. An owner or operator of an aboveground petroleum storage facility shall pay the

following annual fee: Facility Category Facility Petroleum Storage Capacity (gallon) Annual Fee Facility Category Facility Petroleum Storage Capacity (gallon) Annual Fee 1.1 1320 to 10,000 (Tier 1 APS Facility) $565 1.2 1320 to 10,000 (Tier 2 APS Facility) $785 2 10,001 to 100,000 $1003 3 100,001 to 1,000,000 $1130 4 1,000,001 to 10,000,000 $1256 5 10,000,001 to 100,000,000 $1506 6 ≥ 100,000,001 $1695

(f) Miscellaneous Other Fee Schedules. Other hazardous materials fees shall be as follows: TYPE OF FEE AMOUNT TYPE OF FEE AMOUNT Fiscal Year 2008-2009 Application fee for UST repair, modification, removal or closure approval and up to three hours field inspection, per site $877 Field inspection fee, per hour (business hours) $166 Field inspection fee, per hour (Sat., Sun., evenings) $250 Permit Review by Department of City Planning $85 Closure plan processing fee and up to three hours of plan review $543 Closure plan review exceeding three hours, per hour $166 Consultation fee, per hour $166 Director's Hearing pursuant to Sections 1137(a)(3), (4), (5) and (7) $266 Application fee for a Voluntary Remedial Agreement with the Director $476 Voluntary Remedial Agreement Fee, hourly rate $166

(g) Additional Fees as Penalties. Additional fees assessed pursuant to Sections 1120 and 1120.1 shall be as follows:

TYPE OF FEE AMOUNT Fiscal Year 2008-2009 Site investigation (maximum) $1,084 Failure to timely obtain a Certificate of Registration or obtain a UST permit, unless otherwise provided in this section $446 Failure to timely register a temporary storage facility $172 Failure to obtain approval to modify, repair, close, or remove an UST $1,084 Failure to schedule a site inspection prior to the modification, closure, or removal of an UST $542

(h) Application Fee for New Certificate of Registration. Registrants and permittees shall pay an application fee for a new Certificate of Registration $172. (i) Hazardous Materials and Hazardous Waste Base Fee. Any business that is subject to requirements of Articles 21, 21A and/or 22 shall pay an annual base fee $172; this subsection shall not apply to Minimal Quantity Generator as defined in Section 1204(b) of Article 22 of this Code. (j) Beginning with fiscal year 2007-2008, no later than April 15 of each year, the Controller shall adjust the fees provided in this Article to reflect changes in the relevant Consumer Price Index, without further action by the Board of Supervisors. In adjusting the fees, the Controller may round these fees up or down to the nearest dollar, half-dollar or quarter-dollar. The Director shall perform an annual review of the fees scheduled to be assessed for the following fiscal year and shall file a report with the Controller no later than May 1st of each year, proposing, if necessary, an adjustment to the fees to ensure that costs are fully recovered and that fees do not produce significantly more revenue than required to cover the costs of operating the program. The Controller shall adjust fees when necessary in

either case. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 168-95, App. 5/26/95; Ord. 399-97, App. 10/17/97; Ord. 158-99, File No. 990761, App. 6/11/99; Ord. 184-04, File No. 040747, App. 7/22/2004; Ord. 152-08, File No. 080741, App. 7/30/2008; Ord. 179-10, File No. 100721, App. 7/23/2010)

Fees are calculated based on the current information on file with the San Francisco Department of Public Health. If the fees in a facility's invoice from the Department do not accurately reflect the facility's activities, the facility's business owner or operator, or the owner of real property upon which a business establishment is located, may submit a Fee Adjustment Form, available from the Department, to show the corrected information and activities. In order to have the fees recalculated by the Department, this form must be submitted with fee payment. (Added by Ord. 26-14, File No. 130401, App. 3/21/2014, Eff. 4/20/2014)