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ARTICLE 31: HUNTERS POINT SHIPYARD
Sec. 3100. Hunters Point Shipyard.
Sec. 3101. Definitions.
Sec. 3102. Applicability of Article.
Sec. 3103. Reports by Director.
Sec. 3104. General Welfare; Non-Assumption of Liability.
Sec. 3105. Construction on City Property.
Sec. 3106. Former Landfill Disposal Areas.
Sec. 3107. Rules and Regulations.
Sec. 3108. Fees.
Sec. 3109. Violations.
Sec. 3110. Enforcement Actions.
Sec. 3111. Reserved.
Sec. 3112. Remedies Not Exclusive.
Sec. 3120. Parcel A Institutional Controls.
Sec. 3121. Parcel A Site Evaluation and Site Mitigation.
Sec. 3130. Parcel B [Reserved].
Sec. 3140. Parcel C [Reserved].
Sec. 3150. Parcel D [Reserved].
Sec. 3160. Parcel E [Reserved].
Sec. 3170. Parcel F [Reserved].
Sec. 3180. Severability.
SEC. 3100. .
Findings. The Board of Supervisors of the City and County of San Francisco hereby finds and declares as follows:
A. This ordinance is designed to protect human health and safety and the environment at the former Hunters Point Shipyard during and after development and to facilitate redevelopment as envisioned in the Hunters Point Shipyard Redevelopment Plan, which the Board of Supervisors adopted in 1997, and its Environmental Impact Report.
B. The United States designated Hunters Point Shipyard as a U.S. Naval Shipyard in 1945. The United States Environmental Protection Agency (EPA) placed the Hunters Point Shipyard on the National Priorities List pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in 1989. The U.S. Navy divided the site into six parcels designated Parcels A-F for purposes of remediation.
C. The U.S. Navy issued a CERCLA Record of Decision (ROD) for Parcel A which was approved by the EPA, the California Department of Toxic Substances Control (DTSC), and the San Francisco Bay Region Regional Water Quality Control Board (RWQCB) in November 1995. The ROD concluded that "no action" was needed to clean up Parcel A. Effective April 5, 1999, EPA removed Parcel A from the National Priorities List after EPA and the State of California found that all appropriate responses under CERCLA had been implemented, that no further cleanup is appropriate for Parcel A and that the remedial actions conducted on Parcel A remain protective of public health, welfare, and the environment.
D. On September 1, 2004, the Navy issued a draft final Finding of Suitability to Transfer (FOST) for Parcel A. On September 30th and October 6th and 7th 2004, respectively, the EPA, DTSC and the RWQCB concurred with the Navy's FOST. The Navy signed the FOST on October 14, 2004. The FOST for Parcel A contains requirements for certain notices, restrictions and covenants to be included in the deed for Parcel A. These notices, restrictions and covenants are also referred to as "institutional controls" and are binding on all successive owners of any portion of Parcel A.
E. On December 3, 2004, the Navy transferred portions of Parcel A to the San Francisco Redevelopment Agency.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3101. DEFINITIONS.
In addition to the general definitions applicable to this Code, whenever used in this Article, the following terms shall have the meanings set forth below:
(a) "Applicant" means a person applying for any of the following authorizations for subsurface activities on portions of the Hunters Point Shipyard subject to this Ordinance: (i) any building or grading permit that involves the disturbance of at least 50 cubic yards (38.23m3) of soil; (ii) any permit pursuant to the Public Works Code that involves the disturbance of at least 50 cubic yards (38.23m3) of soil; (iii) any improvement plan pursuant to Division 3 of the Subdivision Code that involves the disturbance of at least 50 cubic yards (38.23m3) of soil; (iv) any permit to operate or approval to close an underground tank, pursuant to Sections 1120 and 1120.1 of the Health Code that involves the disturbance of at least 50 cubic yards (38.23m3) of soil; or (v) any well construction or destruction permit pursuant to Article 12B of the Health Code. An Applicant does not include a person applying for a permit for the sole purpose of conducting environmental characterization.
(b) "Director" means the Director of the San Francisco Department of Public Health or the Director's designee.
(c) "GIS" is a geographic information system for the Hunters Point Shipyard. The GIS is a computer-based system containing site-specific environmental information.
(d) "Improvement Plan" means an improvement plan as required under the Subdivision Map Act, California Government Code Sections 66410 et seq.
(e) "Parcel A" means that parcel or parcels of land of the Hunters Point Shipyard as indicated on the Map filed with the Recorder of the City and County of San Francisco on December 3, 2004 situated in the City and County of San Francisco, that was transferred to the San Francisco Redevelopment Agency by the U.S. Navy.
(f) "Prescribed Subsurface Activity Area" means the specific location and horizontal and vertical extent of the proposed disturbance, excavation, grading or other subsurface activity defined using coordinates compatible wit the GIS to the extent feasible.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; amended by Ord. 113-05, File No. 050547, App. 6/10/2005)
SEC. 3102. APPLICABILITY OF ARTICLE.
(a) Applicants must comply with this Article. The Department of Public Works (for any permit or improvement plan subject to this Article), the Department of Building Inspections (for building and grading permits) and the Department of Health (for underground tank permits and approvals and water well permits) shall inform the Director whenever a permit or improvement plan application is submitted for Hunters Point Shipyard and shall refer Applicants to the Director. The Director shall determine the applicability of this Article to the permit application or improvement plan and shall implement and enforce the provisions of this Article. If the Director determines that a permit or improvement plan is subject to the provisions of this Article, the permit or improvement application shall not be deemed complete until the Applicant has complied with the requirements of this Article or shall be conditioned upon compliance with this Article as specified herein.
(b) Any person that obtains environmental sampling data shall submit that data to the Director in a form acceptable to the Director.
(c) The following sections of this Article apply:
All Parcels Section 3100 et seq.
Parcel A Section 3120 et seq.
Parcel B Section 3130 et seq.
Parcel C Section 3140 et seq.
Parcel D Section 3150 et seq.
Parcel E Section 3160 et seq.
Parcel F Section 3170 et seq.
(d) Prior to applying for a permit or improvement plan any person that desires to comply with this ordinance may enter into a voluntary agreement with the Director. The voluntary agreement shall be signed as to form by the City Attorney and shall require the person to comply with the substantive requirements of this Article and any regulations adopted by the Director; require payment of fees; and provide for Director notification to the relevant department that the person has complied with this Article.
(e) Compliance with this Article does not relieve any person of compliance with any applicable federal, state, regional or local law, and does not take the place of compliance with any requirement of any regulatory agency that has jurisdiction to enforce any legal requirement that this Article is intended to address.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3103. REPORTS BY DIRECTOR.
The Director shall monitor compliance with this Article and provide an annual summary of compliance with this Article to the Board of Supervisors.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3104. GENERAL WELFARE; NON-ASSUMPTION OF LIABILITY.
The degree of protection required by this Article is considered to be reasonable for regulatory purposes. 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 in accordance with this Article. All persons handling hazardous materials within the City should be and are advised to determine to their own satisfaction the level of protection desirable to ensure no unauthorized release of hazardous materials.
In undertaking to require Applicants to comply with this Article, 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 itself or on its officers and employees, any obligation for breach of which it is liable for money damages to any person who claims that such breach proximately caused injury.
All inspections specified or authorized in this Article shall be conducted 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. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3105. CONSTRUCTION ON CITY PROPERTY.
All departments, boards, commissions and agencies of the City and County of San Francisco that authorize construction or improvements on land under their jurisdiction under circumstances where no building, grading, street use or other permit or approval is required pursuant to the San Francisco Municipal Codes shall adopt rules and regulations to insure that the procedures set forth in this Article are followed. The San Francisco Redevelopment Agency and the departments of Public Health, Public Works, and Building Inspection shall assist other departments, boards, commissions and agencies to ensure that these requirements are met.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3106. FORMER LANDFILL DISPOSAL AREAS.
Upon receipt of a site evaluation report from an Applicant, the Director, in consultation with the Local Enforcement Agency and the California Integrated Waste Management Board, shall determine whether the Prescribed Subsurface Activity Area is subject to the provisions of the California Integrated Waste Management Act (Cal. Public Resources Code § 40000 et seq.) as amended, relating to development on or near a former landfill disposal site.
(a) For any Prescribed Subsurface Activity Area or portion thereof that is subject to such provisions, the Director shall require the Local Enforcement Agency to approve proposed land uses and determine any necessary protective measures or requirements to the extent necessary to comply with California Code of Regulations, Title 27, Chapter 3, Subchapter 4, Article 6 (Section 20917 et seq.) and Subchapter 5 (Section 20950 et seq.), as amended.
(b) For any Prescribed Subsurface Activity Area or portion thereof that is located within 1,000 feet of a former landfill disposal site, but which is not subject to the above- referenced provisions of the California Integrated Waste Management Act, the Director shall review any proposed structures to ensure that the construction or use of the structure will not pose a threat to public health and safety or the environment. In making this determination, the Director shall consider the potential for adverse impacts on public health and safety and the environment, taking into account the following: the amount, nature and age of solid waste in the landfill disposal area; current and projected gas generation; effectiveness of existing controls; proximity of the proposed land uses to landfill disposal area; and other relevant geographic or geologic features. Based on these factors, the Director shall determine whether the structure must be designed and constructed in accordance with the following measures or requirements (or other design providing an equivalent degree of protection against gas migration into the structure): installation of a geomembrane or equivalent system with low permeability to landfill gas between the concrete floor slab of the structure and subgrade; installation of a permeable layer of open graded material of clean aggregate with a minimum thickness of 12 inches between the geomembrane and the subgrade or slab; installation of a geotextile filter to prevent the introduction of fines into the permeable layer; installation of perforated venting pipes, designed to operate without clogging, within the permeable layer; construction of a venting pipe with the ability to be connected to an induced draft exhaust system; installation of automatic methane gas sensors within the permeable gas layer, and inside the structure to trigger an audible alarm when methane gas concentrations are detected; and/or appropriate periodic methane gas monitoring, including monitoring inside structures, with reporting requirements and a contingency and mitigation plan.
For purposes of this section, "structures" shall include: buildings, subsurface vaults, utilities or any other buildings or areas where potential gas buildup would be of concern.
(c) If the Director determines under subsections (a) or (b) of this Section that protective measures or requirements are necessary, the Director shall inform the relevant department in writing that such measures or requirements must become conditions of the permit or improvement plan.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3107. RULES AND REGULATIONS.
(a) Pursuant to the procedures specified in Section 1170 of the Health Code, the Director may adopt rules, regulations and guidelines, including maps, necessary or appropriate to implement this Article.
(b) Pursuant to Section 3107(a), the Director may subject additional geographic areas to the requirements of this ordinance where those additional areas exhibit the same underlying conditions and will be subject to the same restrictions as areas already subject to this ordinance.
(c) Regulations promulgated by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.
(d) The Director shall maintain and update the GIS as site data is received pursuant to this Article and provide public access to the GIS.
(e) The Director shall maintain for public distribution a map that reflects the boundaries of each Parcel of the Hunters Point Naval Shipyard. The map shall include former landfill disposal sites and a line representing the 1,000 foot perimeter from those sites. For Parcel A, the Director shall adopt a map showing historic fill areas and utility lines existing prior to the date of transfer of Parcel A from Navy ownership.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3108. FEES.
The Director is authorized to charge the following fees to defray the costs of document processing and review, consultation with Applicants, and administration of this Article: for fiscal year 2004-2005: (1) an initial fee of $511.00 upon submission of the site evaluation report; and (2) an additional fee of $137.00 per hour for document processing and review and applicant consultation exceeding three hours or portion thereof payable on an ongoing basis; for fiscal year 2005-2006: (1) an initial fee of $514.00; and (2) an additional fee of $145.00 per hour exceeding three hours or portion thereof; for fiscal year 2006-2007: (1) an initial fee of $539.00; and (2) an additional fee of $153.00 per hour exceeding three hours or portion thereof. 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. 6-05, File No. 041664, App. 1/8/2005)
SEC. 3109. VIOLATIONS.
In addition to any other provisions of this Article, fraud, willful misrepresentation, or any willfully inaccurate or false statement in any report required by this Article shall constitute a violation of this Article.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3110. ENFORCEMENT ACTIONS.
The Director shall have authority to administer and enforce all provisions of this Article and may enforce the provisions of this Article by any lawful means available for such purpose, including taking any action authorized pursuant to Article 21, Sections 1133(a)-(d), (f), and (h)-(i) of the Health Code.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3111. RESERVED.
SEC. 3112. 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. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3120. PARCEL A INSTITUTIONAL CONTROLS.
An Applicant must comply with institutional controls included in the deed conveying ownership of Parcel A from the United States Navy to the San Francisco Redevelopment Agency pursuant to the final FOST for Parcel A to the extent such institutional controls apply to activities authorized by a permit or improvement plan subject to this Article. The Director will advise the relevant department of the specific requirement pursuant to the deed; require compliance with the institutional controls as a condition of the permit or improvement plan; and coordinate with the relevant department to monitor and enforce compliance with such institutional controls.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3121. PARCEL A SITE EVALUATION AND SITE MITIGATION.
(a) An Applicant must submit the following, satisfactory to the Director, as further specified in regulations adopted by the Director: (i) site evaluation report; (ii) dust control plan; (iii) disposal plan (if applicable); (iv) health and safety plan; (v) stormwater and erosion control plan; and (vi) a determination of whether additional information is necessary to adequately characterize the Prescribed Subsurface Activity Area. The plans required by (ii)– (v) must be specific to the activities to be conducted under a permit or improvement plan.
The Director shall review the site evaluation report and advise the Applicant on whether additional information is necessary to adequately characterize the Prescribed Subsurface Activity Area as follows:
(1) Tier I Areas. If a portion of a Prescribed Subsurface Activity Area has been used continuously only for residential purposes or is not located on historic fill (as defined in a map maintained by the Director pursuant to Section 3107(e)) or is not or has not been underlain by utility lines (as defined on a map maintained by the Director pursuant to Section 3107(e)), and, in any case, there is no evidence that hazardous substances are present, no additional information or sampling will be necessary with respect to such portions of the Prescribed Subsurface Activity Area. The Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article as to such portions, and must comply with the plans listed in subsection (a)(ii)– (v) and all laws applicable to soil removal and off-site disposal.
(2) Tier II Areas. In portions of Prescribed Subsurface Activity Area other than those described as Tier I, if the Director determines that such portions are adequately characterized, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article as to such portions, and must comply with the plans listed in subsection (a)(ii)– (v) and all laws applicable to soil removal and off-site disposal. If the Director determines that additional information is necessary to adequately characterize portions of the Prescribed Subsurface Activity Area, the Applicant must submit a proposed scope of work for a supplemental site evaluation in accordance with regulations adopted by the Director. Upon approval of the scope of work by the Director, the Applicant shall implement the scope of work and prepare a supplemental site evaluation report summarizing the new information.
(A) If the supplemental site evaluation report shows that there is no existing contamination that exceeds the screening criteria established by the Director by regulation, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the plans listed in subsection (a)(ii)– (v) and all laws applicable to soil removal and off-site disposal.
(B) If the supplemental site evaluation report shows that there is existing contamination that exceeds the screening criteria established by the Director and the Applicant wishes to retain that soil in the Prescribed Subsurface Activity Area or elsewhere within Parcel A, the Applicant must prepare and submit to the Director a risk evaluation report and a site mitigation plan demonstrating the property can still be used for unrestricted residential purposes consistent with the FOST. The site mitigation plan must include the plans listed in subsection (a)(ii)– (v) and may include a deed notice, provided that any notice is consistent with use for unrestricted residential purposes. The Director must review and approve the risk evaluation report and the site mitigation plan. Upon approval of these documents, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the site mitigation plan and all laws applicable to soil removal and off-site disposal.
(b) If the Director finds that the Applicant intends to remove soil from the Prescribed Subsurface Activity Area and dispose of that soil off-site, then the Director shall find that, as to that soil, no additional information is necessary and shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the plans listed in subsection (a)(ii)– (v) and all laws applicable to soil removal and off-site disposal.
(c) Upon completion of the activity authorized by the permit or improvement plan, the Applicant shall submit a closure report to the Director including: additional information or data obtained, including information on unanticipated conditions; correcting any information previously submitted; and certifying implementation of the plans listed in subsection (a)(ii)– (v), any applicable risk management or site mitigation plan and all laws applicable to soil removal.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004)
SEC. 3130. PARCEL B [RESERVED].
SEC. 3140. PARCEL C [RESERVED].
SEC. 3150. PARCEL D [RESERVED].