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ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
Sec. 1401. Findings and Purpose.
Sec. 1402. Definitions.
Sec. 1403. Authority to Adopt Rules and Regulations.
Sec. 1404. Prohibition on Sale of CFC Containers.
Sec. 1405. Prohibition on Release of CFC and Operation Without Permit.
Sec. 1406. Permit Requirements.
Sec. 1407. Violations.
Sec. 1408. Civil Penalties.
Sec. 1409. Enforcement.
Sec. 1410. Hearings.
Sec. 1411. Inspection and Administration Fees.
Sec. 1412. Fee Schedule.
Sec. 1413. Severability.
SEC. 1401. FINDINGS AND PURPOSE.
The Board of Supervisors finds that the release of chlorofluorocarbon (CFC) into the environment may endanger public health and welfare by causing or contributing to significant depletion of stratospheric ozone. The Environmental Protection Agency has determined that this depletion will result in health and environmental harm, including increased incidence of skin cancer and cataracts, suppression of the immune response system, and damage to crops and aquatic organisms. (Federal Register, August 12, 1988, p. 30566.) The findings adopted under Section 469 of the San Francisco Health Code on stratospheric ozone depletion, health effects and global warming due to releases of CFCs are therefore incorporated herein.
The Board of Supervisors finds that repair, replacement and dismantling of mobile air-conditioners in automobiles and trucks are major sources of CFC releases. As part of the repair, replacement and dismantling procedures, CFCs are purged from these systems to the atmosphere. After repair, mobile air conditioners are recharged with newly manufactured CFC supplied in small containers, available at retail stores in San Francisco. When additional repairs are needed, this CFC is purged from the system. Due to this cycle, manufactured CFCs are continually released to the environment. The Environmental Protection Agency has determined that approximately 25 percent of domestically consumed CFCs are used in automobiles, making this industry the largest single user of these chemicals. (Federal Register, August 12, 1988, p. 30616.)
The Board of Supervisors finds that a prohibition on the release of CFCs by businesses and government agencies that install, repair or dismantle mobile air-conditioners would be a significant benefit to the health and welfare of the people of San Francisco. The Board of Supervisors further finds that measures which lower the supply of CFC for sale in San Francisco, and which break the cycle of recharge and release from mobile air- conditioning systems, will significantly contribute to public health and welfare.
The Board of Supervisors finds, therefore, that this legislation requiring permits, inspections and installation of CFC recovery equipment for businesses which release CFCs as part of their work on mobile air- conditioning systems, and prohibiting the sale of small CFC containers, is an essential step for limiting the future release of CFCs to the environment.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1402. DEFINITIONS.
As used in Sections 1401 through 1413 inclusive, the following words and terms shall have the following meanings:
(a) "Approved CFC recycling equipment" means equipment certified by the Administrator of the Environmental Protection Agency pursuant to Section 609(b) of the Clean Air Act, 42 U.S.C. Section 7671h(b), or equipment which has been certified by Underwriters Laboratories or another independent standards testing authority, as meeting the standards of the Society of Automotive Engineers for equipment for the extraction and reclamation of refrigerants from motor vehicle air conditioners, including but not limited to SAE standard J-1990. Equipment purchased before the commencement of certification by Underwriters Laboratories or another independent testing organization shall be considered approved if it is substantially identical to equipment certified under the previous sentence.
(b) "Chlorofluorocarbon(s)" or "CFC(s)" means the family of substances containing carbon, fluorine and chlorine that have no hydrogen atoms and no double bonds, and which includes, but is not limited to, trichlorofluoromethane (CFC-11), dichlorofluoromethane (CFC-12), trichlorotrifluoromethane (CFC-113), dichlorotetrafluoroethane (CFC-114), and monochloropentafluoroethane (CFC-115). The term shall also include any substance listed under Section 602 of the Clean Air Act, 42 U.S.C. Section 7671(a).
(c) "Department" means the San Francisco Department of Public Health.
(d) "Director" means the Director of the San Francisco Department of Public Health or the Director's designee.
(e) "Establishment" means a single business or government operation conducted on the same or contiguous parcels of property under the same ownership or entitlement to use, and the building or buildings, appurtenant structures, and surrounding land area used by the operation at that location or site.
(f) "Motor vehicle" means any vehicle which is self-propelled, such as automobiles, trucks, and buses, and includes public transportation vehicles operated by the San Francisco Municipal Railway.
(g) "Motor vehicle air-conditioning system" means mechanical vapor compression refrigeration equipment used to cool the driver or passenger compartment of any motor vehicle.
(h) "Permit" means a document issued by the Director which authorizes a person or establishment to operate approved CFC recycling equipment in order to install, service, repair, dismantle or dispose of motor vehicle air-conditioning systems.
(i) "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, city, county, city and county, district, the State, including any department or agency thereof to the extent authorized by State law, or the United States to the extent authorized by federal law.
(j) "Release" means any leaking, pumping, venting, emptying, or discharging of CFCs to the environment by persons subject to this Article, except as authorized by a permit.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1403. AUTHORITY TO ADOPT RULES AND REGULATIONS.
The Director may adopt and from time to time amend reasonable rules, regulations and guidelines consistent with and implementing the provisions of this Article. Prior to adoption of any rule or regulation under this Article, the Director 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. 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. 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.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1404. PROHIBITION ON SALE OF CFC CONTAINERS.
No person shall sell, transfer, or deliver any CFC suitable for use as a refrigerant in a motor vehicle air-conditioning system in a container which contains less than 20 pounds of such refrigerant, except to a person or establishment issued either a permit under Section 1406 of this Article, or a certification in compliance with federal law.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1405. PROHIBITION ON RELEASE OF CFC AND OPERATION WITHOUT PERMIT.
(a) No person engaged in the profession, trade or business of installation, repair, or dismantling of motor vehicles, shall install, repair or dismantle any motor vehicle air-conditioning system except in compliance with a permit issued by the Director.
(b) No person engaged in the profession, trade or business of installation, repair, or dismantling of motor vehicles, shall dispose of or cause the disposal of any motor vehicle air-conditioning system without first extracting CFC refrigerants in compliance with a permit issued by the Director.
(c) No person subject to Sections 1405(a) or 1405(b) shall:
(1) Intentionally release CFCs to the environment; or
(2) Add CFC refrigerant to any motor vehicle air conditioning system without first checking the system for leaks and ensuring that no detectable leaks exist.
(d) Failure of any person subject to this Section to ensure the integrity of a motor vehicle air- conditioning system before adding refrigerant, other than as a means solely for identifying the location of any leaks, shall constitute an intentional release.
(e) For purposes of this Article, the owner or operator of an establishment at which motor vehicle air-conditioning systems are installed, repaired, or dismantled shall be considered a person engaged in the profession, trade or business of installation, repair, or dismantling of motor vehicles.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1406. PERMIT REQUIREMENTS.
(a) Permits shall require that all installation, repair, dismantling, or disposal of motor vehicle air-conditioning systems be performed by persons trained in accordance with Section 1406(c), using approved CFC recycling equipment in conformity with such training to prevent the release of CFCs.
(b) Every person subject to Section 1405(a) or 1405(b) shall file an application for a permit within 90 days of the effective date of this Article or of commencing operations, whichever is later. Permit applications may be filed by the owner or operator of an establishment to include one or more employees, but a separate permit application shall be filed for each establishment at which persons subject to Section 1405 are employed. The application shall be accompanied by the appropriate fees as set forth in this Article. The application form shall require a description of the approved CFC recycling equipment used by the applicant, a certification that such equipment is in proper operating condition, and such other information as the Director deems relevant. Application forms shall be provided by the Department upon request of the applicant.
(c) The permit applicant shall provide written certification that the applicant and each establishment employee engaged in the installation, repair, dismantling, or disposal of motor vehicle air-conditioning systems, has completed a training course in the standards for proper use of approved CFC recycling equipment, and in the standards for recovery and recycling of used CFCs from motor vehicle air-conditioners, which standards shall be at least as stringent as the Society of Automotive Engineers standard SAE J-1989.
(d) Upon receipt of a completed application and fees, the Director may inspect the equipment or establishment described in the application, or request additional information from the applicant. The Director shall not issue a permit until satisfied that the applicant has met the requirements of this Article.
(e) Permits shall be valid for one year from the date of issuance and are not transferable. Applicants for permit renewal shall file a new application as provided under Sections 1406(b) and 1406(c). The permittee shall file the permit renewal application with the Director no later than 15 days before the expiration date of the previous permit.
(f) Permits shall require the permittee to notify the Director in writing within 14 days after:
(1) The purchase or installation of any approved CFC recycling system other than the system described in the previous permit application; and
(2) Hiring or employing any person to use approved CFC recycling systems other than persons with training certification approved in the previous permit application.
Upon receipt of the permittee's notice, the Director may require a new permit application, modify the permit, or issue such orders as may be necessary to limit the use of approved CFC recycling systems to persons trained in accordance with this Article.
(g) Permits shall be prominently displayed on the premises of every establishment subject to this Article.
(Added by Ord. 279-91, App. 7/3/91; amended by Ord. 174-04, File No. 040732, App. 7/22/2004)
SEC. 1407. VIOLATIONS.
In addition to any other provisions of this Article, the following acts or omissions shall constitute a violation of this Article:
(a) Fraud, willful misrepresentation, or any willfully inaccurate or false statement in a permit application, or permit renewal application;
(b) Fraud, willful misrepresentation, or any willfully inaccurate or false statement in any report or document required by an order issued pursuant to Section 1409;
(c) Failure to comply with a permit or any order issued by the Director.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1408. CIVIL PENALTIES.
The owner or operator of any establishment at which violations of this Article occur, and any person who violates the provisions of this Article, shall be liable for a civil penalty not to exceed $500 per violation per day. Penalties shall be assessed and recovered in a civil action brought in the name of the People of the City and County of San Francisco in any court of competent jurisdiction.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1409. ENFORCEMENT.
The Director is authorized to enforce all provisions of this Article, and may take any one or a combination of the following actions:
(a) Serve notice requiring correction of violations of this Article upon any person, including the owner or operator of the establishment where a violation occurred and any permittee that is the subject of the violation. Corrective action may be required immediately or upon a schedule specified by the Director. A notice may require immediate cessation of violation of Section 1405, and the posting of such notice at the establishment.
(b) After notice and hearing, issue an order to cease violation. The order shall be served personally or by certified mail on the owner or operator of the establishment where a violation occurred, and on any other person responsible for violation of this Article.
(c) After notice and hearing, upon a finding of violation, revoke, suspend or modify any permit.
(d) With the consent of the violator, or the owner or operator of an establishment at which violations occurred, issue and collect civil penalties in settlement of violation orders in amounts not to exceed the limits of Section 1408 for each day and each violation, and not to exceed $5,000 in total, provided that all violations have been corrected or are included in a final compliance order.
(e) Request the City Attorney to maintain an action for injunction to restrain or correct violations, to enforce a violation order, and to recover civil penalties. The Director is not required to assess and attempt to settle any violation prior to commencement of a civil action.
(f) Upon the presentation of proper credentials, enter and inspect at any reasonable time, any establishment at which persons are engaged in the business, trade or profession of installation, repair, dismantling, or disposal of motor vehicles. If the owner or occupant of the premises denies entry, the Director shall obtain a proper inspection warrant or other remedy provided by law to secure entry.
(g) Request the Chief of Police and authorized agents to assist in the enforcement of this Article.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1410. HEARINGS.
(a) Whenever notice and a hearing is required by Section 1409 of this Article, the notice shall be sent by certified mail to the permittee, the person alleged to have violated this Article, and the owner or operator of the establishment at which the violation occurred. Notice to the owner of the establishment shall be sufficient where other parties cannot be located by the Director.
(b) The notice shall set forth the time and place of the hearing, the ground or grounds upon which the enforcement action is based, and a brief statement of the factual matters in support thereof. The notice shall be mailed at least 15 days prior to the hearing date.
(c) In any hearing under this Article, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to see and copy all documents and other information the City relies on in the proceeding, to be represented by counsel, and to confront and cross-examine witnesses against them. Any hearing under this Article may be continued by the person conducting the hearing for a reasonable time for the convenience of a party or witness.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1411. INSPECTION AND ADMINISTRATION FEES.
(a) In administering the provisions of this Article the Director shall require permittees, permit applicants, and other persons subject to this Article to pay inspection and administrative fees to cover:
(1) The Department's costs of processing applications and permits, including inspections necessary for permit issuance; and
(2) The cost of any inspection conducted by the Department when it has reason to believe a person is not in compliance with this Article.
(b) When two or more establishments subject to the requirements of Section 1406 are located on the same premises and not contiguous to each other and are owned or operated by one person, a separate inspection and administration fee shall be required for each establishment.
(c) When the real property where the establishment subject to Section 1406 is owned by a person other than the operator, it is the operator's duty to pay 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 as set forth in Section 1412 of this Article.
(Added by Ord. 279-91, App. 7/3/91)
SEC. 1412. FEE SCHEDULE.
(a) The Department shall collect the following fees:
(1) $92 for processing permit applications and associated administration activities undertaken by the Department; and
(2) $167 per hour or each portion thereof for inspections and associated administrative activities, including enforcement activities pursuant to Section 1409.
(b) A notice of payment due shall be sent by the Department to the permittee, the violator, and the owner of the property, advising as to the amount of any fee and containing the following information:
(1) The date and location of the Department's inspection;
(2) The amount of the fee;
(3) A statement advising the addressee that he or she is liable under this Article for the fee in the amount indicated in the notice and that payment to the City is due within 30 days of the mailing date of the notice;
(4) A statement advising the addressee that a penalty of 10 percent plus interest at the rate of one percent per month on the outstanding balance shall be added to the costs from the date that payment is due under Subsection (b)(3);
(5) A statement advising the owner of the establishment that if payment of the costs is not received within 90 days of the mailing date, a lien may be imposed on the property of the owner which is an establishment subject to the provisions of this Article; and
(6) A statement that the addressee or property owner may appeal the fee determination contained in the notice of payment due to the Director. Said appeal must be filed in writing with the Department no later than 30 days after the date the notice of payment due is issued. The Director's decision on the appeal shall be final.
(c) If full payment of the costs is not received within 30 days after the notice of payment due was sent, a second notice of payment due shall be sent by the Department to the addressees of the previous notice. The second notice shall state that the generator and property owner are liable for the payment of the costs indicated on the notice.
(d) If full payment of the costs is not received within 30 days after the second notice of payment due was sent, a third (and final) notice of payment due shall be sent by the Department. The third notice shall state that addressees are liable for the payment of the costs indicated on the notice and that if payment of such costs is not received within 30 days of the mailing date of the third notice, a lien may be imposed on the subject property pursuant to the provisions of this Article.
(e) If payment is not received within 30 days after mailing the third notice, the Department shall initiate lien proceedings pursuant to the provisions of Article XX of Chapter 10 of the San Francisco Administrative Code.
(f) 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. 279-91, App. 7/3/91; amended by Ord. 322-00, File No. 001917, App. 12/28/2000; Ord. 174-04, File No. 040732, App. 7/22/2004; Ord. 154-08, File No. 080739, App. 7/30/2008)
SEC. 1413. SEVERABILITY.
If any provision of this Article, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Article are severable.
(Added by Ord. 279-91, App. 7/3/91)