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ARTICLE 22: HAZARDOUS WASTE MANAGEMENT

Sec. 1201. Scope and Intent.

Sec. 1202. Definitions.

Sec. 1203. Implementation and Enforcement of Hazardous Waste Control Act.

Sec. 1204. Fees and Charges.

Sec. 1205. Authority to Adopt Rules, Regulations and Guidelines.

Sec. 1206. Severability.

Sec. 1207. Disclaimer of Liability.

Sec. 1208. Duties are Discretionary.

Sec. 1209. Conflict with Other Laws.

SEC. 1201. SCOPE AND INTENT.

The California Hazardous Waste Control Act, California Health and Safety Code, Division 20, Chapter 6.5, Article 2, Section 25100, et seq., authorizes the California State Department of Toxic Substances Control and local certified unified program agencies to regulate facilities that generate or treat hazardous waste.

It is the intent of the Board of Supervisors in adopting this Article to authorize the Director of the Department of Public Health, as the certified unified program agency approved pursuant to Chapter 6.11 of the Health and Safety Code, to implement and enforce the requirements of the California Hazardous Waste Control Act applicable to generators of hazardous waste and persons operating pursuant to a permit-by-rule, conditional authorization or conditional exemption set forth in Health and Safety Code Section 25404(c)(1).

(Added by Ord. 193-90, App. 5/24/90; amended by Ord. 399-97, App. 10/17/97)

SEC. 1202. DEFINITIONS.

The definitions in the Hazardous Waste Control Act, California Health and Safety Code, Division 20, Chapter 6.5, and its implementing regulations, California Code of Regulations, Title 22, Chapter 30, Division 4, as of the effective date of this Article, are hereby adopted by reference. The terms used in this ordinance shall be as defined in the Hazardous Waste Control Act and its implementing regulations, setting minimum standards for management of hazardous waste, except as to the following:

(1) Department means the San Francisco Department of Public Health.

(2) Director means the Director of Public Health or his or her designee.

(Added by Ord. 193-90, App. 5/24/90; amended by Ord. 399-97, App. 10/17/97)

SEC. 1203. IMPLEMENTATION AND ENFORCEMENT OF HAZARDOUS WASTE CONTROL ACT.

The Director shall have the authority granted to certified unified program agencies by Health and Safety Code Section 25404(c)(1) to implement and enforce the provisions of the Hazardous Waste Control Act as set forth in California Health and Safety Code, Division 20, Chapter 6.5, and the minimum standards of management of hazardous waste as specified in Title 22 of the California Code of Regulations, Chapter 30, Division 4. The Director shall have the authority to carry out all duties imposed on certified unified program agencies with respect to regulation of hazardous waste, including, but not limited to, the following:

(1) Conduct inspections as provided for in Health and Safety Code Sections 25185 and 25185.5, of any factory, plant, construction site, waste disposal site, transfer station, establishment or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources;

(2) Maintain records of compliance with the Hazardous Waste Control Act;

(3) Require hazardous waste generators as provided herein, to pay inspection and administration fees to cover the Department's costs of administering the provisions of this Article. Such fees may include but shall not be limited to the cost of inspection, document development and processing, recordkeeping, enforcement activities, and informational materials development and distribution;

(4) Issue authorizations for on-site treatment of hazardous waste to persons eligible to operate pursuant to permit-by-rule, conditional authorization or conditional exemption;

(5) Enforce against violations of the Hazardous Waste Control Act in accordance with Health and Safety Code, Division 20, Chapter 6.5, Article 8.

(Added by Ord. 193-90, App. 5/24/90; amended by Ord. 399-97, App. 10/17/97)

SEC. 1204. FEES AND CHARGES.

In accordance with the single fee system established pursuant to Health and Safety Code Section 25404.5, hazardous waste generators shall pay the following fees and charges to cover the Department's costs incurred in implementing and enforcing the program established by this Article:

(a) State Surcharge. The annual State surcharge for general program oversight, in addition to any tiered permitting service charge, as established by the Secretary of the California Environmental Protection Agency pursuant to Health and Safety Code Section 25404.5(b).

(b) Hazardous Waste Generator Fee. Hazardous waste generators subject to the program established by this Article shall pay an annual fee based upon the amount of hazardous waste generated during the preceding year. The amount of this fee is set forth in Chart I. Minimal Quantity Generator shall pay an annual fee of $72 for fiscal year 2004 (beginning July 1, 2004), $76 for fiscal year 2005 (beginning July 1, 2005), $80 for fiscal year 2006 (beginning July 1, 2006). Minimal Quantity Generator shall be exempted from the annual base fee set forth in Section 1176(h) of Article 21 of this Code. For purposes of determining this fee, the term "Minimal Quantity Generator" or "MQG" shall mean a generator that meets all of the following requirements:

(1) The quantity of hazardous waste generated by the generator does not exceed 50 pounds per month or 500 pounds per year; and

(2) Hazardous waste is not treated on site; and

(3) The generator is not required to have a hazardous materials registration pursuant to Article 21 for hazardous materials used or stored at the site.

CHART I HAZARDOUS WASTE GENERATOR FEES HW QUANTITY GENERATED/YEAR				ANNUAL FEE
Fiscal Year 2004	Fiscal Year 2005	Fiscal Year 2006
> 0– 5 tons, other than MQG	$ 267	$ 282	$ 298
5– 25 tons	$ 557	$ 588	$ 622
25– 50 tons	$ 778	$ 822	$ 868
50– 250 tons	$ 1,116	$ 1,179	$ 1,246
250– 500 tons	$ 1,548	$ 1,636	$ 1,728
500– 1,000 tons	$ 2,167	$ 2,290	$ 2,420
1,000– 2,000 tons	$ 3,142	$ 3,320	$ 3,509
2,000 + tons	$ 4,400	$ 4,649	$ 4,912

(c) Tiered Permitting Fee. Persons operating pursuant to a permit-by-rule, conditional authorization or conditional exemption shall pay the following annual fee, based upon the type of permit, except that in the case of persons subject to more than one permitting tier at one facility, the fee for all tiered permits at that facility shall be a single fee set at the amount of the fee for the highest applicable tier:

(1) Permit-by-rule: $607 for fiscal year 2004 (beginning July 1, 2004), $641 for fiscal year 2005 (beginning July 1, 2005), $677 for fiscal year 2006 (beginning July 1, 2006);

(2) Conditional authorization: $185 for fiscal year 2004 (beginning July 1, 2004), $195 for fiscal year 2005 (beginning July 1, 2005), $206 for fiscal year 2006 (beginning July 1, 2006);

(3) Conditional exemption: $96 for fiscal year 2004 (beginning July 1, 2004), $102 for fiscal year 2005 (beginning July 1, 2005), $107 for fiscal year 2006 (beginning July 1, 2006).

(d) Inspection Fee. In administering the provisions of this Article and conducting inspections pursuant to Health and Safety Code Sections 25185 and 25185.5, the Department shall require hazardous waste generators and persons operating pursuant to a permit-by-rule, conditional authorization or conditional exemption to pay inspection and administrative fees to cover the Department's costs of any inspection (other than a routine inspection) conducted by the Department when it has reason to believe a generator is not in compliance with the hazardous waste laws and regulations. The fee for any such inspection and associated administrative activities for each hour or portion thereof for inspections performed during business hours shall be $137 for fiscal year 2004 (beginning July 1, 2004), $145 for fiscal year 2005 (beginning July 1, 2005), $153 for fiscal year 2006 (beginning July 1, 2006); and for each hour or portion thereof for inspections performed during nonbusiness hours, including Saturdays, Sundays and evenings, shall be $206 for fiscal year 2004 (beginning July 1, 2004), $218 for fiscal year 2005 (beginning July 1, 2005), $230 for fiscal year 2006 (beginning July 1, 2006).

(e) When the real property where the site is located is owned by a person other than the operator of the site, it is the operator's duty to pay any inspection and administration fees. However, in the event the operator fails to pay any inspection and administration fee as provided for in this Article, the City and County may impose a lien on the real property pursuant to the provisions of this Article and San Francisco Administrative Code, Chapter 10, Article XX.

(f) Consultation Fee. The Director is authorized to charge a fee for Department staff to consult with regulated parties subject to this Article or their representatives concerning compliance with the requirements of this Article. The fee shall be $137 for fiscal year 2004 (beginning July 1, 2004), $145 for fiscal year 2005 (beginning July 1, 2005), $153 for fiscal year 2006 (beginning July 1, 2006).

(g) 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. 193-90, App. 5/24/90; amended by Ord. 399-97, App. 10/17/97; Ord. 158-99, File No. 990761, App. 6/11//99; Ord. 175-04, File No. 040733, App. 7/22/2004)

SEC. 1205. AUTHORITY TO ADOPT RULES, REGULATIONS AND GUIDELINES.

(a) Consistent with the requirements of the California Health and Safety Code, the Director may adopt and thereafter, from time to time, may amend rules, regulations and guidelines implementing the provisions and intent of this Article. Before issuing or amending any such procedure, the Department of Public Health shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City of the intent to issue or amend the procedure. Rules and regulations shall be approved by the Health Commission at a public hearing. In addition to the notices required by law, the Secretary of the Health Commission shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Health Commission for notice of hearings on hazardous waste regulation.

(b) Regulations promulgated by the Director and approved by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.

(c) The Director may require generators to submit information deemed necessary by the Director, including, but not limited to: the name and address of the generator, the name and address of the property owner, and a description of the type and volume of hazardous waste generated, treated, stored, recycled or disposed.

(Added by Ord. 193-90, App. 5/24/90; amended by Ord. 399-97, App. 10/17/97)

SEC. 1206. 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 invalid or unconstitutional.

(Added by Ord. 193-90, App. 5/24/90; amended by Ord. 399-97, App. 10/17/97)

SEC. 1207. 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 waste. 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 waste 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 waste.

(b) In undertaking this program to regulate the handling of hazardous waste, 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) Except as otherwise required by State or federal law, all inspections specified or authorized by 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. 399-97, App. 10/17/97)

SEC. 1208. DUTIES ARE DISCRETIONARY.

Subject to the limitations of due process and applicable requirements of State and federal law, and 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. 399-97, App. 10/17/97)

SEC. 1209. 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. 399-97, App. 10/17/97)