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Construction or Demolition ARTICLE 17: CONTROL OF DUMPS DISPOSING OF
MATERIALS FROM CONSTRUCTION OR DEMOLITIONSec. 850. Definitions.
Sec. 851. Permit Required to Operate Dump.
Sec. 852. Application and Fee For Permit.
Sec. 853. Application and Fee For Renewal of Permit.
Sec. 854. Method of Disposal and Operation of Dump.
Sec. 855. Fire Prevention.
Sec. 856. Fence and Barrier to Floating Debris.
Sec. 857. Dust Prevention.
Sec. 858. Rodent and Insect Control.
Sec. 859. Processing and Granting of Permits.
Sec. 860. Variances.
Sec. 861. Revocation of Permits and Variances.
Sec. 862. Notice of Issuance of Permits and of Public Hearings.
Sec. 863. Appeals to Board of Permit Appeals.
Sec. 864. Applicability of Municipal Code.
Sec. 865. Enforcement.
Sec. 866. Violation a Misdemeanor.
Sec. 867. Severability Clause.
Sec. 868. Effective Date.
SEC. 850. DEFINITIONS.
The following definitions shall govern the construction of this Article unless the context requires a construction otherwise:
"Department" when used alone herein shall mean the Department of Public Works of the City and County of San Francisco.
"Director" when used alone herein shall mean the Director of the Department of Public Works of the City and County of San Francisco.
"Dump" means the premises or site within the City and County of San Francisco where the disposal of waste material as defined below, is engaged in, permitted or occurs, commercially or otherwise, and otherwise than by incineration.
"Fire hazard" means any thing or any act, or the lack of any required equipment or act, which increases, or may cause an increase of, the hazard or menace to life or property from fire, explosion or panic to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire; or which may obstruct, delay or hinder the saving of life from fire, explosion or panic, or may become the cause of any obstruction, delay or hindrance, to the prevention, suppression or extinguishment of fire.
"Open burning" means any combustion of combustible material outdoors in the open, not in any enclosure, where the products of combustion are not directed through a flue.
"Person" means any firm, association, organization, partnership, business, trust, joint venture, corporation or company, including the United States, the State of California, the City and County of San Francisco, and any districts, officers, employees or agency of such governmental agencies.
"Waste material" means nonputrescible debris and waste materials including wood, brick, plaster, glass, cement, plastics and ferrous or metallic materials derived from the construction of or the partial or total demolition of buildings or from any other source, that are combustible in nature in whole or in part.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 851. PERMIT REQUIRED TO OPERATE DUMP.
It shall be unlawful for any person not otherwise authorized by the City and County of San Francisco, to commence, proceed, or continue to operate a dump within the City and County of San Francisco without first having obtained a conditional use permit therefor annually, as hereinafter provided.
This permit shall be kept posted or available for inspection at the dump at all times when the dump is in operation.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 852. APPLICATION AND FEE FOR PERMIT.
Application for conditional use permit for the operation of a dump, signed by the owner or his authorized agent, shall be filed in the Central Permit Bureau of the Department upon a form furnished by the Department. The application shall contain the name, address, and telephone number of the applicant, the location and a brief description of the dump site, and such other appropriate information as the Director may require. It shall be accompanied by two copies of a map of the site, drawn to scale and showing the location, boundaries, the Assessor's block and lot numbers, the entrances and exits, and the area of the site in square feet or acres and hundredths of acres.
The application shall be accompanied by a fee of $100 to cover the cost of investigation of the proposed dump site, review of the application and issuance of the permit, if issued. Under no circumstances shall the fee or any part thereof be refunded.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 853. APPLICATION AND FEE FOR RENEWAL OF PERMIT.
Prior to the expiration of a permit, application may be made by the permittee, in the manner set forth in Section 852, for renewal of the permit. The application shall be accompanied by a fee of $25 to cover the cost of investigation, review and issuance of the renewal, if issued. Under no circumstances shall the fee or any part thereof be refunded.
The application shall be upon a form furnished by the Department. It shall identify the permit for the renewal of which application is being made and shall contain the statement that the applicant, the location and boundaries of the dump site and the other particulars set forth in the original application remain the same or it shall contain a statement of the differences. If, in the judgment of the Director, there is any significant change in the particulars, the application for renewal shall be denied without prejudice to the filing of an application for a permit under Section 852.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 854. METHOD OF DISPOSAL AND OPERATION OF DUMP.
Disposal of waste material at a dump shall be by the fill and cover or the cut and cover method and shall be done to the satisfaction of the City Engineer.
All voids in the waste material shall be filled with earth, sand or other inert materials, free of pieces of rock, concrete or the like having a maximum dimension in excess of six inches. The filling shall be adequate to prevent the unobstructed passage of rodents in the fill and to prevent ventilation that would permit combustion.
Firm compaction of all materials placed in the dump shall be continually effected by the use of bulldozers or other suitable equipment.
A seal of inert materials, of the kind specified in the paragraph second above, having a thickness of not less than six inches after compaction shall be deposited and maintained on the top, sides and face of the dumped waste material by the end of each day's operations.
The permittee, or an adult representative fully familiar with the requirements of this article, shall be present and in charge at the dump at all hours during the delivery and disposal of waste material.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 855. FIRE PREVENTION.
No fire hazard and no open burning, unless otherwise permitted by law, shall be permitted at the dump. The permittee shall extinguish forthwith any fire that may occur in the dump by spontaneous combustion or otherwise and shall provide and maintain at all times for such purpose the following equipment: water supplied by pipe from a City source, or other sources, together with attached fire hose to such piping, approved by the Chief of the Fire Department. Such piping and hose shall be extended from time to time so that all combustible material on the dump may be protected. The pipe, fire hose and other fire extinguishing appliances necessary to comply with the above, shall be installed and maintained as required by the Chief of the Fire Department.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 856. FENCE AND BARRIER TO FLOATING DEBRIS.
Dumps shall be enclosed by fences not less than six feet high and adequate to prevent unauthorized dumping and to prevent the blowing of rubbish from the dump. Fences shall be properly maintained and their gates shall be kept closed and locked at all hours when the dumps are not in operation.
No waste material shall be dumped in or allowed to reach water unless a fence or other barrier (other than a log boom) of such design, dimensions and strength necessary to prevent any such waste material from floating from the dump, has been provided and is continuously and properly maintained.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 857. DUST PREVENTION.
Dust shall not be permitted to blow from a dump to adjacent properties and the permittee shall by sprinkling with water or other means prevent such blowing of dust.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 858. RODENT AND INSECT CONTROL.
Inspection of the premises shall be made by the permittee at least once a week for rodent burrows, droppings or other evidence of rodents, and evidence of insect breeding. Any infestation shall be effectively controlled by the use of such poisons, gas traps, or insecticidal sprays as meet the approval of the Director of Public Health.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 859. PROCESSING AND GRANTING OF PERMITS.
Each application under this Article for a conditional use permit, or for the renewal of a permit, shall be referred by the Central Permit Bureau for approval to the Bureau of Engineering in the Department of Public Works, which Bureau shall refer the application for approval to the Department of City Planning, the Bureau of Fire Prevention and Public Safety, and the Department of Public Health.
Upon approval of the application by the said bureaus and departments, a nontransferable, conditional use permit shall be granted and issued by the Central Permit Bureau. If not approved by any one or more of the said bureaus and departments, the permit or renewal shall be denied.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 860. VARIANCES.
Upon the receipt of a written request for a variance by any holder of or applicant for a conditional use permit under this Article, the Director shall hold a public hearing on the matter, at which any and all interested persons, bureaus and departments shall be heard.
After such public hearing the Director shall have the power to grant and issue, through the Central Permit Bureau, variances from the requirements and provisions set forth in this Article, if he finds that compliance with said requirements and provisions will result in an arbitrary or unreasonable taking of property, or in the practical elimination of any lawful business, occupation or activity, in either case without a sufficient corresponding benefit or advantage to the people in the improvement or protection of the public health, safety or general welfare. In so doing he shall prescribe other or different requirements of not more onerous application with respect to the storage or disposal of waste material; provided, however, that no variance may permit or authorize the maintenance of a nuisance or be in conflict with other applicable law.
In determining under what conditions and to what extent a variance is necessary and will be permitted, the Director shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages to the residents of the City and County of San Francisco and to any lawful business, occupation or activity involved, resulting from requiring compliance with said requirements or resulting from the granting of a variance.
The Director in granting any variance may specify the time during which such order will be effective, in no event exceeding one year, but such variance may be continued from year to year without another hearing on the approval of the Director.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 861. REVOCATION OF PERMITS AND VARIANCES.
Upon written complaint to the Director regarding the manner of operation of a dump under a permit or variance, the Director may, after a public hearing of the matter, revoke any permit or variance issued pursuant to this Article upon his finding that the permittee has violated any of the provisions of this Article or of the terms of a permit or a variance.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 862. NOTICE OF ISSUANCE OF PERMITS AND OF PUBLIC HEARINGS.
Within 10 days of the issuance of a permit under this Article, the Department shall publish a notice of such issuance for one day in the official newspaper of the City and County of San Francisco. Said notice shall include the name and address of the permittee, and shall identify the location of the dump by Assessor's block and lot numbers and by the names of the streets bounding or next adjacent to the dump. Said notice shall also state that the purpose of the dump is the disposal of waste building construction and demolition material, that the permit is issued pursuant to Article 17 of the Public Works Code, and that objections may be filed with the Board of Permit Appeals.
Not less than 10 days prior to a public hearing to be held pursuant to Sections 860 or Section 861, the Department shall publish a notice of such hearing for one day in the said official newspaper. Said notice shall state the day, hour and place when and where the hearing will be held, the location of the dump by the particulars set forth in the paragraph next above, and that the matter to be considered is the application for a variance or a complaint regarding the manner of operation of the dump, as the case may be.
When the hearing is to be held pursuant to Section 861, notice shall be served by the Department on the dump permittee, not less than 10 days prior to the hearing by personal service, or by first class mail, postage prepaid, to the address shown on the permit or to such other address as may appear reasonable to the Director under the particular circumstances. Service shall be deemed completed when notice is deposited in the mail or served personally.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 863. APPEALS TO BOARD OF PERMIT APPEALS.
Applicants for or holders of conditional use permits to operate a dump hereunder, or any person, may appeal to the Board of Permit Appeals against the issuance or denial of a permit or variance or against any ruling of the Director by filing a protest in writing against such permit, variance, denial or ruling with the Clerk of the Board of Permit Appeals within 10 days of the date of publication of the notice prescribed in Sec. 862.
The decision of the Board of Permit Appeals shall be final on all appeals hereunder.
(Added by Ord. 25- 61, App. 2/9/61)
SEC. 864. APPLICABILITY OF MUNICIPAL CODE.
The provisions of this Article supplement other provisions of the San Francisco Municipal Code and nothing in the Article shall be construed to supersede or waive any provision of said Code that is applicable to and not inconsistent with the regulatory control established in this Article.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 865. ENFORCEMENT.
The Director shall enforce and administer all provisions of this Article, and for such purpose only, he or any member of his enforcement staff may enter upon, investigate and inspect any dump.
The Chief of the Fire Department, or his duly authorized representative, is hereby empowered to enter upon and make inspection of any dump, and exercise his authority relative to fire prevention, fire protection, fire spread control, and the protection of persons and property from fire.
The Director of Public Health, or his duly authorized representative, is hereby empowered to enter upon and make inspection of any dump and exercise his authority relative to public health.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 866. VIOLATION A MISDEMEANOR.
A violation of any regulation contained in this Article shall constitute a misdemeanor. For each regulation violated, and for each day such violation continues, the person so violating shall be guilty of a separate and distinct offense.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 867. SEVERABILITY CLAUSE.
If any provision of this Article, or the application thereof to any person or circumstance, is held invalid, the remainder of this Article, or the application of such provision to other persons or circumstances shall not be affected thereby.
(Added by Ord. 25-61, App. 2/9/61)
SEC. 868. EFFECTIVE DATE.
The provisions of this Article shall be in full force and effect 60 days after its enactment into law.
(Added by Ord. 25-61, App. 2/9/61)