San Francisco County Municipal Code Art. 6 Garbage and Refuse

Sec. 280. Dumping of Refuse, Etc., in Designated Places Prohibited. Sec. 283. Containerization and Binding of Refuse. Sec. 283.1. Penalty. Sec. 286. Hours of Removal of Waste From Fish Markets Fixed. Sec. 287. Penalties. Sec. 288. Construction and Demolition Debris. Sec. 288.1. Penalty. Sec. 288.2. Findings Regarding Violations by Construction and Demolition Debris Facilities. Sec. 290. Refuse Collection and Disposal Ordinance. [Owner Responsibility for Refuse Collection Service] Sec. 291. Owner Responsibility for Maintenance of Refuse Collection Service to Dwellings and Commercial Properties; Definitions. Sec. 291.1. Owner Responsible for Refuse Collection Service. Sec. 291.2. Failure to Initiate Service, Maintain Adequate Service, or to Provide Sufficient Refuse Containers. Sec. 291.3. Violation a Misdemeanor. Sec. 291.4. Collector Entitled to Payment for Services Rendered. Sec. 291.5. Complaint of Nonpayment. Sec. 291.6. Form of Collector's Bill. Sec. 291.7. Payment by Department of Public Health Lien. Sec. 291.8. Payment Based on Incorrect Information. Sec. 291.10. Collection of Delinquent Fees as a Special Assessment. Sec. 291.11. Reports of Delinquencies Transmitted to the Director. Sec. 291.12. Hearing. Sec. 291.13. Collection of Assessment.

Sec. 291.14. Continuing Appropriation Account. Sec. 291.15. Manner of Giving Notices. Sec. 291.16. Inspection Fee. Sec. 291.17. Severability. — Sec. 292. Character of Vehicles for Refuse Removal. [Recyclable Materials – Unauthorized Removal Prohibited.] Sec. 293. Definitions Applicable to Sections 293 – 293.4. Sec. 293.1. Violations. Sec. 293.2. Penalty. Sec. 293.3. Enforcement. Sec. 293.4. Application. — Sec. 294. Solid Waste Transfer Station – Permit Required. Sec. 294.1. Solid Waste Facility Requirements. Sec. 295. Organic Waste Requirements for Refuse Collectors. Sec. 297. Use of Manure Wagons. Sec. 307. Removal of Waste From Wholesale Vegetable Markets. Sec. 308. Sale on Sidewalk or From Standing Vehicles Prohibited. Sec. 313. Routes of Garbage Collectors – Collection Permits. Sec. 315. Local Enforcement Agency. Sec. 318. Independent Hearing Officer Appointment. Sec. 321. Procedures to Appoint Hearing Officer. Sec. 324. Qualifications of Hearing Officer. Sec. 327. Hearing Procedures. Sec. 329. Disqualification of Hearing Officer. Sec. 331. Cost Recovery. Sec. 333. Liens. Sec. 335. Duties Are Discretionary. Sec. 337. Remedies Not Exclusive. Sec. 339. Conflict With Other Laws. Sec. 341. Severability.

Editor's Note: The bracketed division headers in this Article have been provided by the editor as an aid for the user and are not official parts of the Code. SEC. 280. DUMPING OF REFUSE, ETC., IN DESIGNATED PLACES PROHIBITED. No person, company or corporation shall deposit, dump or cause to be dumped or deposited upon any street, lot or lands within City and County of San Francisco or in any water or waterways within said City and County, or from any wharf or bulkhead on the waterfront of said City and County, except as hereinafter provided, any house refuse, butchers' offal, garbage, refuse, dirt, ashes, cinder, sludge, broken glass, crockery, tins, bones, rubbish or other like matter or any dead animals (not otherwise provided for by contract or franchise heretofore granted by the City and County), or putrid or stinking animal or vegetable matter or fish, flesh and food condemned by the Director of Public Health as unfit for human food. Editor's Note: See Sec. 287 for penalties applicable to violations of this section. SEC. 283. CONTAINERIZATION AND BINDING OF REFUSE.

No commercial establishment, dwelling, or other person or entity shall store or place out for collection any refuse that may decompose, decay, rot, and/or produce odors, including putrescible wastes, as defined in Section 17381 of Title 14 of the California Code of Regulations, as may be amended from time to time, and any other refuse destined for disposal, unless it is contained or secured to prevent pets and other animals from gaining access to its contents and to prevent its dispersal by the wind or other elements. Other than cardboard boxes that are destined for disposal, all refuse and all putrescible wastes must be placed in suitable metal or solid plastic receptacles. Plastic bags not contained in metal or solid plastic receptacles shall not constitute suitable receptacles. The contents of suitable receptacles for refuse destined for disposal shall not extend above the top or rim thereof, and shall be contained by tight-fitting lids or sealed enclosures. Cardboard boxes need not be contained provided they are emptied, flattened, and tied into bundles of sufficient size to prevent their dispersal by the wind. (Added by Ord. 466-85, App. 10/4/85; amended by Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 51-26, File No. 251254, App. 4/10/2026, Eff. 5/11/2026)

Section 283 of this Article 6 may be enforced using either of the following processes: (a) Infractions. Any person, firm or corporation violating any of the provisions of Section 283 shall be guilty of an infraction and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $80 nor more than $100; and for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $250 nor more than $500. (b) Administrative Citations Under Police Code Section 39-1. Any person, firm or corporation violating any of the provisions of Section 283 of this Article may be assessed an administrative penalty not to exceed $1,000 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code. (Added by Ord. 33-78, App. 1/13/78; amended by Ord. 197-98, App. 6/19/98; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004; Ord. 51-26, File No. 251254, App. 4/10/2026, Eff. 5/11/2026) SEC. 286. HOURS OF REMOVAL OF WASTE FROM FISH MARKETS FIXED. The garbage and waste from all wholesale fish markets, or places from which fish is distributed to markets and stalls, must be removed daily between the hours of 5:00 a.m. and 8:00 a.m. Editor's Note: See Sec. 287 for penalties applicable to violations of this section. SEC. 287. PENALTIES. Any person who shall violate any of the provisions of Section 280 or 286 of this Article, shall be guilty of an infraction or a misdemeanor. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not less than $80 nor more than $100; for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $250 nor more than $500. If charged as a misdemeanor, upon conviction thereof, said person shall be punished by imprisonment in the County Jail not exceeding one year or a fine not exceeding $1,000. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be solely that of the District Attorney. As an alternative to any other fines and penalties applicable to a violation of Section 280 of this Article, any person who is in violation of Section 280 may be subject to an administrative penalty not to exceed $1,000 for each violation. The administrative penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code. (Amended by Ord. 46-83, App. 2/4/83; Ord. 197-98, App. 6/19/98; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004) SEC. 288. CONSTRUCTION AND DEMOLITION DEBRIS. No commercial establishment, dwelling, householder or other person or entity, including the City and County of San Francisco, shall place out for regular refuse collection any construction and demolition debris. Unless otherwise required by Chapter 14 of the Environment Code or acceptable in an on-site residential or commercial recycling or composting collection program, construction and demolition debris must be disposed of at a construction and demolition debris facility registered pursuant to Chapter 14 of the

Environment Code. For purposes of this section, construction and demolition debris means building materials and solid waste generated by construction and demolition activities, including but not limited to: fully-cured asphalt, concrete, brick, rock, soil, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, fixtures, plastic pipe, metals, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction, deconstruction, demolition or land developments. Construction and demolition debris does not include any refuse regulated under the 1932 Refuse Collection and Disposal Initiative Ordinance or sections of the Municipal Code that implement the provisions of that ordinance. Hazardous waste, as defined in California Health and Safety Code Section 25100 et seq., as amended, is not construction and demolition debris for purposes of this section. (Added by Ord. 27-06, File No. 051142, App. 2/16/2006)

Any person, firm or corporation violating any of the provisions of Section 288 of this Article shall be guilty of an infraction and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $80 nor more than $100; and for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $250 nor more than $500. In the alternative, any person, firm or corporation violating any of the provisions of Section 288 of this Article may be assessed an administrative penalty not to exceed $300 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code. (Added by Ord. 27-06, File No. 051142, App. 2/16/2006)

DEMOLITION DEBRIS FACILITIES. In their discretion, the Director of the Department of the Environment or the Director’s designee may transmit to the Local Enforcement Agency information that the Department of the Environment has discovered through the implementation and enforcement of Environment Code Chapter 14. Based on information the Department of the Environment has discovered, the Director or designee also may transmit to the Local Enforcement Agency a written finding that a Facility (as defined in Environment Code Section 1401) may have violated the requirements or prohibitions in California Public Resources Code Section 40000 et seq., the regulations enacted thereunder, or this Article 6. Within 30 days after receiving such a written finding from the Department of the Environment or within 15 days after taking any enforcement action, whichever is earlier, the Local Enforcement Agency shall transmit a written response to the Department of the Environment. The Local Enforcement Agency’s written response shall describe any enforcement action that the Local Enforcement Agency has taken in connection with the information transmitted by the Department of the Environment or describe the reasons the Local Enforcement Agency determined that enforcement action was not necessary or appropriate. (Added by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022) SEC. 290. REFUSE COLLECTION AND DISPOSAL ORDINANCE NO. 17.083. This Section 290 (encompassing Sections 290.1 through 290.17, collectively referred to as “Section 290”) is enacted to set forth portions of the Refuse Collection and Disposal Ordinance No. 17.083 (adopted as Proposition 6, November 8, 1932, and reprinted in the Appendix to the Administrative Code), as it has been amended via Ordinance No. 16 (November 5, 1946), Proposition C (June 8, 1954), and Proposition F (June 7, 1960), and as it may be further amended from time to time. Section 290.1. The term “refuse” as used in this Section 290 shall mean all waste and discarded materials from dwelling places, households, apartment houses, stores, office buildings, restaurants, hotels, institutions, and all commercial establishments, including waste or discarded food, animal and vegetable matter from all kitchens thereof, waste paper, cans, glass, ashes, and boxes and cutting from trees, lawns, and gardens. Refuse includes recyclables, compostables, and trash, but does not include debris and waste construction materials (including wood, brick, plaster, glass, cement, and wire and other ferrous materials derived from the construction of or the partial or total demolition of buildings or other structures) or hazardous waste, as those terms are defined in Chapter 19 of the Environment Code as it may be amended from time to time. Section 290.2. It shall be unlawful for any person, firm, or corporation to dispose of refuse except as provided in this Section 290. Failure of any householder producing refuse to subscribe to and pay for refuse collection, unless such householder is a tenant for whom refuse collection service is provided by their landlord, shall be prima facie evidence that such householder is disposing of refuse in violation of this Section 290. Section 290.3. Refuse shall be collected and placed in secure containers in a manner as may be prescribed by law, for collection by a refuse collector to be disposed of as provided in this Section 290; provided, however, that it shall be optional with the producer or landlord to deliver waste paper or other refuse having a commercial value to a refuse collector, and the producer or landlord may dispose of the same in any manner they may see fit in accordance with law. Refuse shall be removed from the place where the same is created at

a frequency in accordance with law.

(a) It shall be unlawful for any person, firm, or corporation, other than a refuse collector licensed by the Director of Public Health as provided in this Section 290, to transport through the streets of the City and County of San Francisco any refuse, or to collect or to dispose of the same, except waste paper, or other refuse having a commercial value. It is provided, however, that a license for a refuse collector, as provided in Section 290.8, shall be distinguished from a permit to operate in the City and County of San Francisco on a certain designated route, under this Section 290.4. (b) Upon the conviction of any person, firm, or corporation for any violation of the provisions of this Section 290, the permit of such person, firm, or corporation issued under the provisions of this Section 290.4, shall be forthwith and immediately terminated and canceled by operation of law as of the date of conviction. (c) Ordinance No. 17-083 divided the City and County of San Francisco into routes for the collection of refuse, as designated on a map of the City, each route to include only the side of the street or streets bounding each route as designated by a number on said map, said routes being numbered 1 to 97, inclusive. Said map and said routes were marked Exhibit A and are attached to and were made a part of Ordinance No. 17-083. (d) Any person, firm, or corporation desiring to transport through the streets of the City and County of San Francisco any refuse, or to collect or dispose of the same, shall apply to the Director of Public Health for permission so to do. The permit application shall contain such information as the Director of Public Health may require, including but not limited to the name of the applicant, any of the particular routes that the applicant proposes to serve, and a statement that the applicant will abide by all the provisions of this Section 290 and will not charge a greater rate for the collection and disposition of said refuse than that fixed in or pursuant to this Section 290. A permit applicant shall also demonstrate its ability to avoid disruptions in service; a certification that the applicant has appointed one or more employee representatives to its governing board may suffice to make this showing. (e) The Director of Public Health shall grant a permit to such applicant unless the Director finds the route proposed is already adequately served by a licensed refuse collector. An application for a permit must be granted, however, by the Director of Public Health, and it is mandatory on the Director to grant the same, when it shall appear in any permit application that 20% or more of the householders, businesses, apartment house owners, hotel keepers, institutions, or residents in said route or routes, using refuse service, and paying for same, or obligated to do so, have signed a petition or contract in which they have stated that they are inadequately served by any refuse collector who is then collecting refuse on said route or routes, provided that the Director finds upon substantial evidence that such statement is correct. Inadequate service is hereby defined as the failure on the part of any refuse collector to properly collect, handle, or transport refuse on said route, or the overcharging for the collection of same, or insolence towards persons whose refuse has been collected, or the collection by any refuse collector whose license has been revoked as provided in Section 290.9. Permits granted by the Director of Public Health shall not be exclusive, however, and one or more persons, firms, or corporations may be given a permit to collect on the same route. (f) Persons, firms, or corporations desiring to transport through the streets of the City and County of San Francisco only waste paper or other refuse having commercial value, and to collect and dispose of same need not obtain a permit therefor under the provisions of this Section 290. Section 290.5. Refuse collected by refuse collectors shall be disposed of by such persons, firms, or corporations and in such manner or by such method or methods as from time to time designated by law. The maximum rate or charge for the disposal of refuse to be charged the refuse collector by any person, firm, or corporation authorized by the Board of Supervisors to dispose of refuse shall be set by the Refuse Rate Board, and those rates or charges may be adjusted from time to time, in the same manner and in accordance with the same procedures as is provided for the adjustment of rates and charges for the collection of refuse in Section 290.6.

(a) The maximum rates or charges for the collection and disposition of refuse by refuse collectors from residences, flats, and apartment houses of not more than 600 rooms, and the regulations relating to such rates or charges, shall be set by order of the Refuse Rate Board. In determining the number of rooms of any household, building or apartment in order to ascertain the rate for the collection and disposition of refuse therefrom, halls, alcoves, storerooms, bathrooms, closets, and toilets shall not be considered as rooms, nor shall basements or attics be considered as rooms unless the same be occupied as living quarters. (b) Procedure for Adjustment. (1) There is hereby created a Refuse Rate Board consisting of the City Administrator, who shall act as chairperson, the General Manager of the San Francisco Public Utilities Commission, and a Ratepayer Representative who shall be appointed pursuant to Section 3.100(18) of the Charter of the City and County of San Francisco. The Ratepayer Representative shall be recommended by The Utility Reform Network or any other entity that is dedicated to protecting ratepayers that the Board of Supervisors has designated by resolution, and shall have professionally relevant experience in operations, finance, utilities regulation, the refuse industry, or other related fields. The City Administrator and General Manager of the San Francisco Public Utilities Commission may from time to time designate a subordinate from their own departments to act in their place and stead as members of the Refuse Rate Board. (2) The Refuse Rate Board shall convene upon call of the chairperson or the other two members, and two members shall constitute a quorum. The Refuse Rate Board shall act by majority vote. The Refuse Rate Board shall adopt and adhere to a code of conduct, including limitations on ex parte communications during the rate setting process. (3) The Refuse Rate Board shall receive assistance from the Refuse Rate Administrator. The Controller shall serve as the Refuse Rate Administrator and may designate staff from the Controller’s Office to perform or assist with this function. The Refuse Rate Administrator shall be responsible for proposing new rates (including adjustments to existing rates) to the Refuse Rate Board on the

timeline established by the Refuse Rate Board in its prior rate order, monitoring the financial and operational performance of refuse collectors, performing studies and investigations, and advising the Refuse Rate Board as may be deemed necessary to ensure the rates are just and reasonable, taking into account any applicable service standards and environmental goals as established by law. The Refuse Rate Administrator shall present information to the Commission on the Environment and the Sanitation and Streets Commission, at separate or joint public hearing(s), the time and place of which shall be noticed not less than 20 days in advance at least once in an official newspaper of the City and County of San Francisco, to solicit comment from the commissions and interested members of the public, before submitting proposed rates to the Refuse Rate Board. The Refuse Rate Administrator may also consult with the refuse collector(s), the Department of the Environment, the Department of Sanitation and Streets, and other City agencies and others, and may conduct public hearings, as the Refuse Rate Administrator deems appropriate. (4) Any person, firm, or corporation (including any holder of a permit to collect and dispose of refuse) affected by the rates, or by the proposed rates, and desiring an increase, decrease, or other adjustment or change in, or addition to, such rates or schedules or the regulations appertaining, may also file a written objection with the Refuse Rate Administrator. The Refuse Rate Administrator shall consider all objections, and shall address them at the hearing of the Refuse Rate Board on the proposed rates. (5) The Refuse Rate Board shall commence the public hearing within 30 days after receipt of the Refuse Rate Administrator’s rate proposal. The time and place of the hearing shall be noticed not less than 20 days in advance at least once in an official newspaper of the City and County of San Francisco. The Refuse Rate Board shall be empowered to make or cause to be made such studies and investigations as it may deem pertinent, and to introduce the results of such studies and investigations in evidence. Any person, firm, or corporation affected by the proposed rates shall be entitled to appear at the hearing and be heard. Any such person, firm, or corporation desiring notice of further proceedings or action upon the application may file with the Refuse Rate Board a written request for such notice, setting forth their name and contact information. (6) The Refuse Rate Board is authorized to obtain financial audits of regulated revenues and expenses of the refuse collector(s) and refuse disposer(s), performed by an external auditor selected by the Refuse Rate Board in accordance with the Charter. The Refuse Rate Board shall also adopt performance standards for refuse collectors and refuse disposers, and shall endeavor to maintain rate stability and accountability and an annual accounting of actual versus projected expenditures and revenues of the refuse collectors and refuse disposers, through means such as the establishment of balancing accounts, rate stabilization funds, or similar features. (7) Upon conclusion of the hearing, the Refuse Rate Board shall adopt an order setting forth the facts based on the evidence taken and record made at the hearing. The order, if it provides for any change in the rates, schedules of rates, or regulations then in effect, shall set forth the date that the change is to take effect, which date shall be not less than 15 days from the date of the order. The order shall remain in effect for a term of at least two years but not to exceed five years, as specified by the Refuse Rate Board. Any revised rates, schedules of rates, or regulations placed in effect pursuant hereto shall be just and reasonable. (8) The Refuse Rate Administrator shall publish the order in an official newspaper of the City and County of San Francisco, and shall provide notice of the order to all who shall have filed written requests for notice as set forth in subsection (b)(5). After the order takes effect, the Refuse Rate Administrator shall monitor the rates and shall update the Refuse Rate Board at least once per year, or more frequently as directed by the Refuse Rate Board. (9) Nothing in this Section 290 shall prohibit the Refuse Rate Administrator, a refuse collector, or any member of the public from petitioning the Refuse Rate Board to adjust the rates during the term of an existing order; provided, however, that it shall be the policy of the Refuse Rate Board not to adjust the rates during the term of an existing rate order unless necessary due to extraordinary or unforeseen circumstances. (c) The Refuse Rate Board may also use the procedures for adjustment in subsection (b) to adopt orders regarding the maximum rates or charges for establishments other than residences, flats, and apartment houses of not more than 600 rooms, except as prohibited by state or federal law, and provided that all rates set under this Section 290.6 remain reasonable and fair. Section 290.7. It shall be unlawful for any refuse disposer or refuse collector to charge a greater rate for the disposal of refuse or for the collection and disposition of refuse than that fixed in, or pursuant to, Sections 290.5 and 290.6. Nothing in this Section 290 shall be taken or construed as preventing a refuse disposer or a refuse collector from charging a lesser rate or charge for the disposal of refuse or for the collection and disposition of refuse than that fixed in, or pursuant to, Sections 290.5 and 290.6. Section 290.8. Each refuse collector shall be licensed by the Director of Public Health. The fees for said licenses shall be governed by Business and Tax Regulations Code Section 249.6, as it may be amended from time to time. Each vehicle in which refuse is transported through the streets shall be assigned a number by the Director of Publi

hat fixed in, or pursuant to, Sections 290.5 and 290.6. Section 290.8. Each refuse collector shall be licensed by the Director of Public Health. The fees for said licenses shall be governed by Business and Tax Regulations Code Section 249.6, as it may be amended from time to time. Each vehicle in which refuse is transported through the streets shall be assigned a number by the Director of Public Health and the number thereof shall be plainly marked thereon. Section 290.9. The license, as distinguished from a permit herein, of any refuse collector, may be revoked by the Director of Public Health for failure on the part of the refuse collector to properly collect refuse, or for overcharging for the collection of same, or for insolence towards persons whose refuse they are collecting, and it shall be unlawful for any person whose license is so revoked to collect refuse in the City and County of San Francisco. No license of a refuse collector shall be revoked except upon a hearing of which the refuse collector has been given a notice of at least three days. Section 290.10. Upon the payment of the rate fixed in or pursuant to Section 290.6, the person paying the same shall receive a receipt from the refuse collector identifying the name of the collector, the amount paid, the date of payment, the premises for which the payment was made, and such other information as the Department of Public Health may require to ensure accuracy with respect to the imposition and collection of charges for refuse. Section 290.11. Disputes over charges made by collectors or as to the character of the service performed shall be decided by the Director of Public Health. Any charges made in excess of rates fixed pursuant to this Section 290, when determined by the Director of Public Health, shall be refunded to the person or persons who paid the excess charge.

Section 290.12. A refuse collector shall be entitled to payment for the collection of refuse at the end of each month from each householder or landlord served by the collector and from whom the payment is due. Section 290.13. Any person, firm, or corporation who shall violate any of the provisions of this Section 290 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.

(a) The Refuse Rate Administrator shall furnish the Director of Public Health with such financial data, including data as to the cost of refuse collections, as may be required to enable the Director to perform the Director’s functions under this Section 290. (b) Each refuse collector holding a permit shall keep such records and render such reports as may be required by the Refuse Rate Administrator to enable the Refuse Rate Administrator to develop the above-mentioned data, and the Refuse Rate Administrator shall have access to such records. Section 290.15. On recommendation of the Refuse Rate Administrator and the Refuse Rate Board and the Mayor, and by supermajority of at least eight votes, the Board of Supervisors may by ordinance amend any portion of this Section 290, except that the Board of Supervisors may not alter the composition of the Refuse Rate Board or eliminate the requirement that refuse rates shall be approved by order of the Refuse Rate Board. Further, any such amendments must further one or more of the following purposes: (1) to ensure that refuse service remains cost-effective and can meet established service standards and environmental goals; (2) to promote stability in the rate structure and enable rates that are reasonable and fair; (3) to ensure the process for setting and monitoring rates is transparent, accountable, and publicly-accessible; or (4) to ensure the Refuse Rate Board and Refuse Rate Administrator conduct their duties under this Section 290 in line with high professional ethical standards. Such amendments may address, for example and without limitation, the standards and procedures for terminating existing route permits and the issuance of future permits subject to competitive bidding processes. The foregoing grant of authority to the Board of Supervisors to adopt legislation concerning permits shall not be interpreted to affect or impair the authority that the Department of Public Health currently has, absent such legislation, with regard to the issuance or renewal or termination of permits. In addition, this Section 290.15 does not affect or impair the ability of the voters of the City and County of San Francisco to adopt future initiative ordinances to amend any portion of this Section 290. Section 290.16. If any section, subsection, sentence, clause, phrase, or word of this Section 290, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Section 290. The People of the City and County of San Francisco hereby declare that they would have adopted this Section 290 and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Section 290 or application thereof would be subsequently declared invalid or unconstitutional. Section 290.17. In enacting and implementing this Section 290, 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. (Added by Ord. 316-75, App. 7/11/75; amended by Proposition F, 6/7/2022, Eff. 7/10/2022) SEC. 291. OWNER RESPONSIBILITY FOR MAINTENANCE OF REFUSE COLLECTION SERVICE TO DWELLINGS AND COMMERCIAL PROPERTIES; DEFINITIONS. Unless the context otherwise specifies or requires, the terms defined in this Section shall, for all purposes of this Article, have the meanings herein specified, the following definitions to be equally applicable to both the singular and plural forms of any of the terms herein defined: (a) The term "City" means the City and County of San Francisco; (b) The term "Collector" means a refuse collector duly licensed pursuant to the provisions of the Initiative Ordinance; (c) The term "Commercial Property" means a parcel or any portion of real property where Refuse is generated that is not a Dwelling, including schools, institutions, and City properties. (d) The term "Director" means the Director of Health of the City, or his authorized agents; (e) The term "dwelling" means a residence, flat, apartment, or other facility, used for housing one or more persons in the City and County of San Francisco; (f) The term "Initiative Ordinance" means the Initiative Refuse Collection and Disposal Ordinance adopted November 8, 1932, as amended; and (g) The term "Owner" when used with reference to a dwelling shall mean, and shall conclusively be deemed to be, the legal Owner of the dwelling and when used in reference to a commercial property shall mean, and shall conclusively be deemed to be, the legal Owner of the commercial property. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)

The owner of any dwelling or commercial property shall subscribe to and pay for adequate refuse collection service rendered to such dwelling or commercial property by a collector and shall provide at a location accessible to the collector for an adequate container or containers for deposit of refuse of such capacity as the Director of Public Works may prescribe. The necessity for and type of refuse collection service required and the rates charged therefor shall be governed by the Initiative Ordinance, Chapter 19 of the Environment Code, and any applicable rules and regulations adopted by the Director of Public Health. Nothing in this Section is intended to prevent an arrangement or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant or tenants, or any agent, in behalf of the Owner. However, any such arrangement will not affect the Owner's obligation to the City. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)

When an owner fails to initiate adequate refuse collection service within 15 days of occupancy of a Dwelling or commercial property by any person, including a business entity, or fails to maintain adequate refuse collection service, the Director will evaluate the need for service and what would constitute adequate service in this context, and, where appropriate, give the Owner an order from the Director that such service or additional service is required. In determining the need for service or additional service, the Director may make use of any relevant information or evidence, including information provided by the Collector regarding the existing level of service. A copy of the Director's order will be sent to the Collector. If the Owner does not arrange with the Collector for service within 15 days from the date of mailing of the order, or request within that time a hearing before the Director to dispute a service or change of service requirement, then the Collector shall, consistent with the Director's order, initiate, maintain, or increase refuse collection service for said dwelling or commercial property. When in the judgment of the Director additional refuse containers are required, they shall be provided by the Owner upon written notification from the Director. The Director, in consultation with the Department of the Environment and after a public notice and hearing, may adopt forms, regulations, and guidelines to ensure the payment and collection of refuse services from any commercial property managers who fail to initiate or maintain sufficient refuse service, including standards and criteria for determining whether a Commercial property has provided for sufficient refuse service, or to otherwise implement and enforce Sections 291 et seq. The Director of Public Health, or his or her designee, may impose administrative fines for violations of Sections 291.1 and 291.2, or any rules or regulations adopted by the Director to implement and enforce Sections 291 et seq. San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," as amended, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter; provided, however, that the Director may adopt regulations providing for lesser penalties than those provided in Administrative Code Section 100.5. Notwithstanding the foregoing, if Director delegates authority to the Department of Public Works to implement and enforce Sections 291 et seq., the Department of Public Works may elect to assess, enforce, and collect administrative penalties in accordance with Section 39-1 of the Police Code. No person who is the owner, tenant, manager, employee, contractor, or visitor of a multifamily dwelling or of a multi-tenant commercial property shall be subject to fines or penalties for failure to provide adequate refuse collection service, unless and until the Director has adopted specific regulations establishing the responsibilities of such persons under this Article. The fine for any violation at a dwelling or commercial property which generates less than one cubic yard of refuse per week may not initially exceed $100. In addition to any administrative penalty assessed pursuant to this Article, the Director may assess the responsible Owner the reasonable enforcement costs incurred by the City, including reasonable attorneys' fees. The imposition of enforcement costs is within the discretion of the Director. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

Any Owner who shall violate any of the provisions of Section 291.1 and 291.2 of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. (Added by Ord. 47-83, App. 2/4/83)

Pursuant to the provisions of the Initiative Ordinance, the Collector shall be entitled to payment from the owner for services rendered. When the Owner has been directed to initiate service but fails to provide an adequate container or containers at an accessible location and the Collector attempts to collect refuse from the dwelling or commercial property, then such attempt shall be deemed the rendering of

collection service for which Collector is entitled to compensation in the same manner and amount as if refuse had actually been collected. Should there be failure to make payment for any service rendered to any dwelling by the Collector, or rendered to a commercial property pursuant to an order of the Director of Public Health under Section 291.2, the means for effecting payment shall be in accordance with the procedure set forth hereunder. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)

Any account shall be deemed delinquent 15 days after the last day of the normal billing period for which service has been rendered when the bill has not been paid in full. Not less than 15 days after the Owner has been mailed the bill containing the notice described in Section 291.6 hereunder regarding a delinquent account and not more than 180 days after such account has become delinquent respecting such bill, said Collector may file with the Director a verified written complaint which shall contain the specific allegation setting forth the name or names of the Owner, the address of the Dwelling served, the period of service, the amount due, the steps taken to secure payment and such other information as the Director may reasonably require. Pending satisfactory payment by said Owner, or by the City pursuant to Section 291.6 hereunder, the Collector shall continue to provide uninterrupted normal refuse collection service to the Dwelling covered by the complaint; provided, however, that said Collector shall not be required to continue to provide such uninterrupted normal refuse collection service if the City fails or is unable to pay the fees due under this Article after the City has received the complaint and the rates or service to the Dwelling are not under adjudication as provided by the Initiative Ordinance. (Added by Ord. 47-83, App. 2/4/83)

The bill presented to the Owner pursuant to Section 291.5 shall include a warning notice that if the bill is not paid within 15 days, it may be paid by the City and that payment by the City may render the Owner responsible for penalties, interest and may result in the recordation of a lien against the property to which service was rendered. (Added by Ord. 47-83, App. 2/4/83)

(a) The Director shall, regardless of any sale or other transfer of property, process payment to the Collector for 1) nonpayment of a residential refuse collection charge, or 2) nonpayment of a commercial refuse collection charge incurred after an order from the Director requiring commercial refuse collection service. The Director shall process these payments from a continuing appropriation account so provided herein under Section 291.14, and the Owner shall be liable to the City for fees paid. The payment by the City will, upon the recording thereof in the manner herein provided, create a lien on the real property to which the service was rendered. The lien will be officially recorded in the County Recorder's files, the lien to carry and will include additional charges for administrative expenses of $87 for residential liens and $127 for commercial liens, or 10 percent of the amount owed, whichever is higher, plus any applicable recording fees, and interest at a rate of 1½ percent per full month compounded monthly from the date of the recordation of the lien on all fees and charges due. The Owner shall be notified by the Director that the fees and charges are due to the City. In addition, the Owner shall be notified that if the fees and charges remain unpaid, subsequent proceedings may be taken to make said fees and charges a special assessment on the real property to which said refuse collection service was rendered. (b) Beginning with fiscal year 2010-2011, fees set forth in this Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section. Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section. Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue that is significantly more than the costs of providing the services for which the fees are assessed. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 206-93, App. 6/25/93; Ord. 100-09, File No. 081404, App. 6/23/2009; Ord. 187-10, File No. 100707, App. 7/23/2010)

If City makes payment to Collector and the information provided by Collector pursuant to Section 291.5 is found to be inaccurate so as to prevent City from recovering the amount of payment from Owner, Collector shall reimburse City for the amount paid to Collector and the administrative cost incurred pursuant to this Ordinance. (Added by Ord. 47-83, App. 2/4/83)

(Added by Ord. 47-83, App. 2/4/83; repealed by Ord. 100-09, File No. 081404, App. 6/23/2009)

The Director may initiate proceedings to make delinquent refuse collection service fees a special assessment against the parcels of property situated within the City to which said service was rendered and fees paid by City. (Added by Ord. 47-83, App. 2/4/83)

Any charges that remain unpaid by a residential property owner or a commercial property owner pursuant to an order of the Director under Section 291.2 for a period of 60 or more days after the date upon which they were billed are delinquent and may be collected in the manner set forth in this Article. A report of delinquent charges shall be transmitted to the Director. Upon receipt by the Director of the report, he or she shall fix a time, date and place for hearing the report and any protests or objections thereto. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)

The Director shall cause notice of the hearing to be mailed to the Owner of the real property to which the service was rendered not less than 10 days prior to the date of hearing. At the time fixed for the report, the Director shall hear it with any objections of the Owner liable to be assessed for delinquent accounts. The Director may make such revisions, corrections or modifications of the report as it may deem just and in the event that the Director is satisfied with correctness of the report (as submitted or as revised, corrected or modified), the Director shall confirm the report. The decision of the Director on the report and on all protests or objections thereto shall be final and conclusive. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)

Upon confirmation of the report by the Director, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent, ordinary municipal taxes. The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)

There is hereby created in the general fund a continuing appropriation account entitled "Payment of Property Owners' Delinquencies for Refuse Collection Service." This account shall be credited with such sums as may be appropriated by the Board of Supervisors, delinquencies collected by the Director of Public Health, assessments collected by the Tax Collector, and sums received in consideration of release of liens. Expenditures from said sums shall be made to Collectors for Owner delinquent accounts. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)

Any notice required to be given hereunder by the City, the Director or any Collector to an Owner shall be sufficiently given or served upon the Owner for all purposes hereunder if personally served upon the Owner or if deposited, postage prepaid, in a post office letter box addressed to the "Owner" at the official address of the Owner maintained by the Tax Collector of the City for the mailing of tax bills or, if no such address is available, to the Owner at the address of the dwelling or commercial property. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)

If the Director of Public Health causes a Dwelling or a Commercial Property to be inspected to determine whether the Owner has complied with Section 291.1 and 291.2, the Owner of the Dwelling or Commercial Property shall pay an inspection fee in accordance

with Section 35 of the Business and Tax Regulations Code, for Department of Public Health staff time spent during the inspection. (Added by Ord. 100-09, File No. 081404, App. 6/23/2009; amended by Ord. 140-25, File No. 250606, App. 8/1/2025, Eff. 9/1/2025) (Former Sec. 291.16 added by Ord. 47-83, App. 2/4/83; repealed by Ord. 100-09, File No. 081404, App. 6/23/2009)

If any part or provisions of Sections 291 through 291.16 or application thereof, to any person or circumstance is held invalid, the remainder of the Section, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end the provisions of the Sections are severable. (Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009) SEC. 292. CHARACTER OF VEHICLES FOR REFUSE REMOVAL. All vehicles used by refuse collectors licensed by the Director of Public Health pursuant to that certain Ordinance No. 17.083, approved by the electors at the general election held on November 8, 1932, as amended, for the purpose of collecting, disposing of, or transporting through the streets of the City and County of San Francisco, any "refuse," as defined by Section 1 of said ordinance, shall be lined with zinc, sheet iron, or other metallic substance and shall be constructed so as to prevent any liquid refuse substance from escaping from such vehicles. The total outside width of such vehicles, or the loads thereon, may exceed the width limitation prescribed by Section 35100 of the Vehicle Code of the State of California; provided, however, that in no event shall the width of such vehicles exceed 107 inches, nor shall the width of any load thereon exceed 115 inches. Such vehicles shall also be provided with canvas covers, which shall be kept in a reasonably clean condition, and which shall at all times when said vehicles are passing along or standing upon any street or alley of this City (except when the owner or person having such vehicle in charge is in the act of securing a load of refuse to be emptied into said vehicle) be kept on such vehicles in such manner that the covers shall extend well down the sides and ends of the vehicles, and be securely fastened at the corners, sides and ends of the vehicles; provided, however, that when the vehicles are empty of refuse and are reasonably clean and free from noisome odors, the covers need not be kept on the vehicles in the manner above prescribed. Vehicles used for the transportation of swill shall be so constructed that the same shall be watertight, and that no leakage can escape from such vehicles, and such vehicles shall be provided with a hinged metal or wood cover which can be tightly closed. All vehicles for the transportation of swill or garbage of any character shall be subject to the approval of the Director of Public Health before licenses for their operation are issued. (Amended by Ord. 257-61, App. 9/14/61) [Recyclable Materials – Unauthorized Removal Prohibited.] SEC. 293. DEFINITIONS APPLICABLE TO SECTIONS 293 - 293.4. (a) "Recyclable materials" shall mean materials segregated from refuse by the producer or user of such materials and placed for collection for subsequent reuse or use as raw materials for new products. Recyclable materials shall consist only of the materials designated by the Chief Administrative Officer for collection pursuant to the City's curbside recycling program. (b) "Placed for collection" shall mean the deposit of recyclable materials by the producer or user of such materials on public street or sidewalk areas for collection and removal for recycling purposes. (c) "Person" shall mean any living human being, firm, partnership, association, corporation, company, organization, or government entity. (Added by Ord. 106-90, App. 3/23/90)

It shall be unlawful for any person other than the Collector, an authorized City employee for enforcement purposes, or the generator of recyclable materials to take, remove, move or otherwise appropriate recyclable materials that have been placed in a container designated by a Collector for recyclables or to take, remove, move, or otherwise appropriate the container that is placed for collection. The City and its duly authorized collectors shall have the exclusive right to collect recyclable materials placed for collection in public sidewalk and street areas. (Added by Ord. 106-90, App. 3/23/90; amended by Ord. 100-09, File No. 081404, App. 6/23/2009) SEC 293 2 PENALTY

Any person who shall violate any of the provisions of Section 293.1 of this Article shall be guilty of an infraction or a misdemeanor. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not less than $20 nor more than $250; and for a second and each additional offense by a fine of not less than $100 nor more than $250. If charged as a misdemeanor, upon conviction thereof, said person shall be punished by imprisonment in the county jail not exceeding six months or a fine not exceeding $500, or both. (Added by Ord. 106-90, App. 3/23/90)

In addition to any peace officer, the following classes of employees of the City and County of San Francisco shall have the authority to enforce the provisions of Sections 293 to 293.2: Classification Number Class Title 6108 Environmental Health Technician 6120 Environmental Health Inspector 6122 Senior Environmental Health Inspector 6124 Principal Environmental Health Inspector 6126 Director, Bureau of Environmental Health 6127 Assistant Director, Bureau of Environmental Health 8280 Environmental Control Officer

(Added by Ord. 106-90, App. 3/23/90; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)

The provisions of Sections 293 to 293.3 of this code prohibit the collection of recyclable materials from public sidewalk and street areas by any person other than authorized City employees or the City's authorized curbside recycling program collectors. The provisions of Sections 293 to 293.3 do not limit or otherwise affect the disposal of refuse having commercial value by its producer in any lawful manner he or she may choose or the recycling of collected refuse by licensed refuse collectors. (Added by Ord. 106-90, App. 3/23/90) SEC. 294. SOLID WASTE TRANSFER STATION – PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to operate a Solid Waste Transfer Station within the City and County of San Francisco without a permit issued and signed by the Director of Public Health. A Solid Waste Transfer Station is any facility defined as a transfer or processing station under Section 40200 of the California Public Resources Code, which definition is incorporated by reference as if fully set forth herein. (Added by Ord. 206-93, App. 6/25/93)

(a) For purposes of this Section 294.1 and Section 295, “Organic Waste” means refuse containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, manure, biosolids, digestate, and sludges. (b) Owners of Solid Waste Facilities, as defined in Section 40194 of the California Public Resources Code, as may be amended from time to time, that recover Organic Waste, shall, within 60 days of a request from the Director, provide the Director information regarding available and potential new or expanded capacity at the Solid Waste Facility, including information about throughput and permitted capacity that the Director determines is necessary for planning purposes. (Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022)

SEC. 295. ORGANIC WASTE REQUIREMENTS FOR REFUSE COLLECTORS. Any refuse collector licensed by the Director shall: (a) Transport Organic Waste that it collects from Organic Waste generators to a facility, operation, activity, or property that recovers Organic Waste, rather than sending that Organic Waste to a landfill, as set forth in Title 14, Division 7, Chapter 12, Article 2 of the California Code of Regulations, as may be amended from time to time. (b) Provide written notice to the Director annually on or before March 1, identifying the facilities to which the refuse collector will transport Organic Waste in that calendar year. (c) Obtain approval from the Director to haul Organic Waste and maintain a copy of its authorization from the Director to collect Organic Waste from Organic Waste generators. (Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022) SEC. 297. USE OF MANURE WAGONS. It shall be unlawful for any person, firm or corporation to transport or carry manure or stable refuse in any vehicle without a permit from the Director of Public Health certifying its approval of the construction of such vehicle, and specifying the manner in which such vehicle may be used. It shall be unlawful for any person to load manure or stable refuse upon any vehicle elsewhere than within the premises from which the same is to be removed, or to transport manure or stable refuse through the public streets in such manner as to permit the same to fall upon any street; or to unload or deposit manure or stable refuse from any vehicle anywhere within the City and County, without a permit from the Director of Public Health. All manure or stable refuse must be removed from the stable at least semi-weekly, and at all times shall such stable or other place, and every part and appurtenance thereof, be kept in a clean and sanitary condition. SEC. 307. REMOVAL OF WASTE FROM WHOLESALE VEGETABLE MARKETS. The rubbish, garbage and waste from all wholesale vegetable markets and from the sidewalks and streets in front of said wholesale vegetable markets must be removed daily, between the hours of 5:00 p.m. and 9:00 a.m. Editor's Note: Refuse collection and disposal ordinance, see Sec. 290 SEC. 308. SALE ON SIDEWALK OR FROM STANDING VEHICLES PROHIBITED. It shall be unlawful for any person, firm, or corporation, engaged in the sale or barter of vegetables, to use any sidewalk in the City and County of San Francisco for the purpose of selling, storing, dealing in or bartering said vegetables, and it shall be unlawful for any such person, firm or corporation to keep or permit any vehicle standing alongside of said sidewalk, for the purpose of selling, storing, bartering or dealing in vegetables, or for the purpose of carrying on the business of selling, bartering or dealing in vegetables, and it shall be unlawful for any such person, firm or corporation to deal in, sell or barter any vegetables from any standing vehicle while in said street. Nothing in this Section, however, shall be interpreted to prevent a person owning or renting a store or stall for the purpose of dealing in, selling or bartering vegetables, from using the sidewalk in front of the said store or stall for the purpose of transporting said vegetables from the said store or stall to any vehicle or from any vehicle to the said store or stall, or from storing the same on the sidewalk for the purpose of such transportation or from keeping any vehicle standing in front of the said store or stall for the purpose of said transportation. SEC. 313. ROUTES OF GARBAGE COLLECTORS – COLLECTION PERMITS.

It shall be unlawful for any person, firm or corporation (whether such person, firm or corporation is licensed to collect refuse or not, as provided in Sections 4 and 8 of that certain ordinance "No. 17.083, approved by the electors at the general election held on November 8, 1932, providing for the collection and disposition of refuse in the City and County of San Francisco; providing for the licensing of refuse collectors by the Director of Public Health; fixing the maximum rates or charges for the collection of refuse by licensed refuse collectors, from homes, apartment houses, stores, etc.; dividing the City and County of San Francisco into collection routes; providing for penalties for the violation of the provisions of said ordinance") to collect any refuse from any dwelling place, household, apartment house, store, office building, restaurant, hotel, institution or commercial establishment in the City and County of San Francisco or on any of the garbage routes into which said City and County, is divided (under and by virtue of the provisions of Section 4 of the aforesaid ordinance, approved by the electors at the general election held on November 8, 1932) without first having obtained from the Director of Public Health a permit so to do in the manner and on the terms and conditions specified in Section 4 of the aforesaid ordinance approved by the electors at the general election held on November 8, 1932. Any permit applied for by any person, firm or corporation and issued by the Director of Public Health under the provisions of the aforesaid ordinance approved by the electors at the general election held on November 8, 1932, shall be for a certain route or certain routes as said route or routes are defined, designated and delineated by Section 4 of said ordinance approved by the electors at the general election held on November 8, 1932, and shall constitute permission to collect refuse only on the route or routes designated in said permit. It shall be unlawful for any person, firm or corporation holding a permit from the Director of Public Health (under the provisions of Section 4 of the aforesaid ordinance adopted by the electors at the general election on November 8, 1932) to collect garbage or to attempt to collect refuse from any dwelling place, household, apartment house, store, office building, restaurant, hotel, institution or commercial establishment, situated on any other route or routes than the route or routes for which such permit is issued. The term "refuse" as used in this Section shall be taken to mean all waste and discarded materials as defined by Section 1 of the aforesaid ordinance adopted by the electors at the general election held November 8, 1932. SEC. 315. LOCAL ENFORCEMENT AGENCY. The Environmental Health Section of the San Francisco Department of Public Health is the designated Local Enforcement Agency (LEA) for the permitting, inspection and enforcement of solid waste handling and disposed sites in the City and County of San Francisco under this Article and the California Public Resources Code. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 318. INDEPENDENT HEARING OFFICER APPOINTMENT. Hearing Officers employed by or retained by the San Francisco Rent Board who meet the qualifications set forth in Section 324, and who are appointed according to the procedures in Section 321, shall serve as the Independent Hearing Officer for all actions brought by the LEA pursuant to the California Public Resources Code. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 321. PROCEDURES TO APPOINT HEARING OFFICER. In order to appoint a Hearing Officer to hear appeals of owners/operators or other parties subject to an enforcement or permit action by the LEA pursuant to State law, or those alleging that the LEA has failed to act as required by State law or regulation, the following procedures are required: (a) Upon a timely request for a hearing under Section 44307 of the California Public Resources Code, the LEA shall immediately request assignment of an appropriately qualified Hearing Officer from the San Francisco Rent Board who shall be available to conduct the hearing not less than 30 days from the LEA's receipt of the request. (b) The Hearing Officer shall be selected by the Rent Board pursuant to the qualifications listed in Section 324. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 324. QUALIFICATIONS OF HEARING OFFICER.

An appropriately qualified Hearing Officer is defined as holding the following qualifications: (a) The Hearing Officer is in good standing, and employed by, or contracted with, the San Francisco Rent Board; (b) Has familiarity with administrative hearing procedures; and, (c) Has familiarity with legal procedures. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 327. HEARING PROCEDURES. (a) The administrative hearing to enforce Sections 315-341 of this Article and the California Public Resources Code shall be governed by Section 44310 of the Public Resources Code. (b) A person filing a hearing request pursuant to Public Resources Code Sec. 44310(a)(1) shall pay a filing fee of $158. (c) The notice required under Section 44310 to the person filing the request for the administrative hearing shall inform the person that they may be liable for charges, costs, including administrative costs, expenses incurred by the Department, reasonable attorneys' fees, fines, and penalties as provided for in this Article and in the California Public Resources Code. For purposes of this Article, "person" is defined by Section 40170 of the Public Resources Code. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 329. DISQUALIFICATION OF HEARING OFFICER. 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: (1) Is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group; (2) 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, (3) Has as a lawyer or 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 an issue in the proceeding. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 331. COST RECOVERY. Any person who is found by the Hearing Officer to have violated or is in violation of the requirements of this Article or State law shall be liable to the City for costs incurred in abating the effects of the violation, taking other remedial action, or imposing and collecting penalties, including but not limited to administrative costs, costs of issuing an order, inspection costs, and Hearing Officer costs. The Controller's Office shall set the amount of actual costs, based on an accounting submitted by the Department within ten business days of the hearing. The Hearing Officer shall require in any order issued under this Section that the responsible party pay to the City the costs of any inspection or monitoring deemed necessary by the Hearing Officer because of the violation. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 333. LIENS. (a) Unless otherwise provided in this Article, all final costs, fees or administrative penalties assessed against a person for violations of this Article shall be an obligation owed to the City by the solid waste facilities permit holder and by the owner of the real property on

which a solid waste facility or disposal site is located, provided that both have been given adequate notice of the alleged violations. Such obligation may be collected by means of the imposition of a lien against the property of the owner of the property or the person or business against whom the final administrative penalty was assessed. The City shall mail to the owner of the property and to the person against whom the final amount was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice. For purposes of this Article, "facility," "facility operator," "owner of the property," and "property" have the same meanings as set forth in 14 California Code of Regulations § 18011. (b) Liens shall be created and assessed in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230). (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 335. DUTIES ARE DISCRETIONARY. Subject to the limitations of due process and applicable requirements of State or Federal laws, and notwithstanding any other provisions 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. 240-08, File No. 080616, App. 10/30/2008) SEC. 337. REMEDIES NOT EXCLUSIVE. Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 339. CONFLICT WITH OTHER LAWS. Notwithstanding any other provisions of this Article, a person is exempted from any provisions of this Article that conflict with State or Federal laws or regulations to which the person is subject. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008) SEC. 341. 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 this Article would be subsequently declared invalid or unconstitutional. (Added by Ord. 240-08, File No. 080616, App. 10/30/2008)