Construction and Demolition Debris Recovery Ordinance (Environment Code Ch. 14)

Ordinance amending the Building Code by amending Section 103.2.2: amending Chapter 13 to change the title of the Chapter from "Energy Conservation" to "Resource Conservation" and adding Chapter 13B entitled "Construction and DemOlition Debris Recovery Program:" Section 106.3.2.6; amending the Health Code by adding Sections 288 and 288.1; and amending the Environment Code by adding Chapter +3-14,entitled I Construction and Demolition Debris Recovery Ordinance, to establish a I comprehensive program to require the recovery rather than landfill disposal of I construction and demolition debris generated in San Francisco by prohibiting disposal of such debris with garbage; imposing requirements and conditions in building permits; establishing a program to register construction and demolition debris transporters and processing facilities; and establishing enforcement mechanisms including penalties; amending the Police Code Section 39·1 to implement the new program: setting an operative date; and making environmental findings. [Construction and Demolition Debris Recovery.) Note: Additions are single··underline italics Times New Roman; deletions are strikethreugh italics Times ]'lew Reman. Board amendment additions are double underlined. Board amendment deletions are strikethrough normaL January 19, 2006 AMENDMENT OF THE WHOLE ORDINANCE NO.FILE NO. 051142 Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. The Board of Supervisors hereby finds and declares: A. San Francisco is committed to protecting the public health, safety, welfare and environment. This requires commitment that our air, water and land be healthy and safe. The construction and demolition of buildings used for housing, recreation and commerce is elemental to public well being, but can also result in the generation of pollution and the waste of natural resources. In order for our City to reduce waste, preserve resources and protect IIuII, II " 1 II 2 II 3 I, 4 I "5 I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mayor Newsom, Supervisor Ma, Supervisor Sandoval BOARD OF SUPERVISORS Page 1 111912006 1 public health during building construction and demolition, the Board of Supervisors intends to 2 require debris from building projects to be recovered. 3 B. This ordinance enacts a new Chapter of the Environment Code and makes 4 amendments to the Building Code and the Health Code in order to establish a comprehensive 5 program to effectuate the City's goals. 6 C. On October 11, 2005, the Planning Department determined that the actions 7 contemplated in this Ordinance are categorically exempt from the California Environmental 8 Quality Act (California Public Resources Code sections 121000 et seq.\. Said getermination This chapter shall be known as the "Construction and Demolition Debris Recoverv Program". ,13B Seotion 106.3.2.6, to read as follows: SEC. 1301B. 106.3.2.6 TITLE. herein by reference. Section 2. The San Francisco Building Code is hereby amended by adding Chaoter and is incorporated SEC. 1302B. 106.3.2.6 RECOVERY OF CONSTRUCTION AND DEMOLITION DEBRIS~ is on file with the Clerk of the Board of Supervisors in File No. I owner of the site permittee. and handled. processed and otherwise managed by a registered (acility Ifor recovery o(the materials. All persons subject to these requirements. including an AA I Under the requirements set forth herein and in Chapter 144-3o(the Environment Code. all I construction and demolition debris in amounts of one cubic yard or greater Renerated in the course I ora construction or demolition project subjeotto a permit pursuant to Seotion 106.1 of the Building Code must be transported otJthe site bv a reRistered transporter. unless transported bv the 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mayor Newsom. Supervisor Ma BOARD OF SUPERVISORS Page 2 1/19/2006 Page 3 1/19/2006 1 2 3 4 IIn 5 Ii I', 6 IIII " 7 I' I 8 9 I i 10 III I', 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 applicant for anv building or demolition permit shall complv with the requirements for construction and demolition debris recovelY set forth in Chapter 14+J oUhe Environment Code. SEC 106.3.2.6.1 13038. DEFINITIONS "Construction and Demolition Debris" shall mean building materials and solid waste generated from construction and demolition activities. including. but not limited to. filllv-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. This term does not include refilse regulated under the 1932 Refilse Collection and Disposal Initiative Ordinance or sections oUhe Municipal Code that implement the provisions ofthat ordinance; materials from the public right-of-way; or. unless specified in Chapter 14 of the Environment Code. materials source separated for reuse or recycling. Hazardous waste. as defined in California Health and Safety Code section 25100 et seq., as amended, is not Construction and Demolition Debris for purposes ofthis Chapter. "Registered Transporter" or "Registered Facility" shall mean a person who holds a valid registration issued by the Director oUhe Department ofthe Environment pursuant to Chapter 14+J-2f the Environment Code. "Transporter" does not include a person that owns and operates only vehicles with no more than ~ two axles and no more than_2:-twotires per axle. SEC 106. 3.2.6.2 13048 PERMITCONDITlON The provisions or Chapter 14+J ofthe Environment Code and any approvals or condition~ imposed in writing by the Department ofthe Environment are conditions ofthe permit issued by the I, Department under section 106.1. and a violation or Chapter 14+J or such approvals or conditions II shall be deemed non-compliance with the permit. II SEC 106.3.2.6.3 13058. PERMIT NOTIFICATION 'il 'I Mayor Newsom, Supervisor Ma I BOARD OF SUPERVISORS I II I 1 Permit application materials shall bear notice ofand reference to the above requirements and 2 the owner's responsibilitv fiJr compliance with such requirements. I e Section 3. The San Francisco Health Code is hereby amended by adding Section 288 to read as follows: SEC 288. CONSTRUCTION AND DEMOLITION DEBRIS. No commercial establishment, dwelling. householder or other person or entitv, including the City and County ofSan Francisco. shall place out for regular refuse collection any construction and demolition debris. Unless otherwise required by Chapter 14+J ofthe Environment Code or acceptabl in an on-site residential or commercial recycling or composting collection program, construction and demolition debris must be disposed ofat a construction and demolition debris facility registered pursuant to Chapter 14 ofthe Environment Code. For purposes o(this section. construction and demolition debris means building materials and solid waste generated by construction and demolition activities. including12ut not limited to: (idly-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 Disposa Initiative Ordinance or sections ofthe Municipal Code that implement the provisions ofthat 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 o(this section. Section 4. The San Francisco Health Code is hereby amended by adding Section 288.1 to read as follows: SEC 288.1. PENALTY. Mayor Newsom. Supervisor Ma BOARD OF SUPERVISORS Page 4 111912006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Any person. firm or corporation violating any ofthe provisions ofSection 288 ofthis Article 2 shall be guilty ofan infraction and. upon conviction thereof: shall be punished for the first offense by a 3 fine ofnot less than $80 nor more than $100; and for a second offense by a fine ofnot less than $150 4 nor more than $200; and for each additional offense bv a fine ofnot less than $250 nor more than 5 $500. In the alternative, any person, firm or corporation violating any ofthe provisions ofSection 288 6 ofthis Article mav be assessed an administrative penalty not to exceed $300 for each violation. Such 7 penalty shall be assessed, enforced and collected in accordance with Section 39-1 ofthe Police Code. 8 Section 5. The San Francisco Environment Code is hereby amended by adding 9 Chapter ~14, which shall be entitled Construction and Demolition Debris Recovery 10 Ordinance, and to read as follows: 11 SEC. ~1400. FINDINGS. 12 The Board ofSupervisors finds and declares the following; 13 A. People who live in, work in or visit San Francisco generate 1.8 million tons ofsolid 14 waste annually with more than halfofthese materials recovered through waste prevention, recycling 15 and composting. 16 B. The State ofCalifornia through its California Integrated Waste Management Act of 17 1989, Assembly Bill 939 CAB 939), requires that each local jurisdiction in the state divert 50% of 18 discarded materials (base year 1990) from landfill. Every city and county in California, including the 19 City, could face fines up to $10,000 a day for not meeting the above mandated goal. 20 c. The Source Reduction and Recycling Element CSRRE) for San Francisco adopted by the 21 Board ofSupervisors in 1992, recognized the importance ofrecovering wood, metals, and inerts from 22 construction and demolition activities in order to meet the state mandated waste reduction goal. 23 24 25 I, I[ I, i\ Mayor Newsom, SupervisorMa I BOARD OF SUPERVISORS Page 5 1/19/2006 1 D. The Board ofSupervisors adopted Resolution No. 679-02 setting a goal of 75% the goal ofdiverting 75% ofconstruction and demolition debris from landfill fOr each project. construction and demolition activitv and therebv divert such materials from landfill. effectivelv reuse, recycle or otherwise recover the constituent elements oUhe materials generated bv LEEDTMSilver level as the standard fiJI' all City building projects, which can include and includes There are facilities both within the City and in nearby surrounding areas that can Construction and demolition waste recovery programs reduce the amount ofmaterials The Green Building Ordinance, Chapter 7 ofthe Environment Code, establishes G. F. E. II, diversion from landfill bv 2010 and promoting the highest and best use ofrecovered materials and I' ! , authorizing the Commission on the Environment to adopt a zero waste goal, which it set as 2020. I II II !,I II 4 3 2 5 6 7 8 9 10 11 generated and hauled to landfill, decrease worker exposure to hazards, improve worker safelY, reduce 12 truck trips and traffic and improve air quality, thereby enhancing the health, safelY and welfare ofSan 13 Franciscans. registered vehicle and processed by a registered facility in order to ensure proper handling and to Page 6 1/19/2006 This Chapter requires construction and demolition debris to be transported bv aH I recover an additional estimated 100,000 tons from landfill disposal annually. [I 1. State law requires the CalifOrnia Integrated Waste Management Board to adopt a model II construction and demolition debris ordinance and requires that Board to take into account a city's II effOrts to encourage or require recovery of construction and demolition debris in determining whether Ii a city has met the mandated 50% recovery rate and other solid waste reduction and recycling II requirements. This Chapter would help the City maintain the levels required by the state mandate and II achieve the City's goals of 75% landfill diversion by 2010 and zero waste by 2020. 'II 1. In keeping with the Precautionary Principle, codified in Chapter 1 oOhe Environment Code, this Chapter requires proper handling ofconstruction debris as a deterrent to unsafe and \ I MayorNewsom, SupervisorMa 'I BOARD OF SUPERVISORS II 23 24 25 22 14 15 16 17 18 19 20 21 II Ii II I 1 2 3 II4 \1 5 6 7 8 :Ii 9 :1 I10 11 I 12 13 14 wastefitl practices. In this wav, the City will create and maintain a healthv, viable environment for current and filture generations, and will become a model ofsustainabilitv. SEC. 4-J1401. DEFINITIONS. For the purposes ofthis Chapter. the following words have the following meanings: (a) "Alternative Daily Cover" or "ADC" shall mean materials. other than soil. that have been approved by the California Integrated Waste Management Board or a successor agency for use as an overlay on an exposed landfill face. (bl "Bio-mass Conversion" shall mean the controlled combustion, when separated fi'om other solid waste and used for producing electricity or heat. ofwood. woodchips, woodwaste. tree and brush prunings. Bio-mass conversion does not include the controlled combustion o(recyclable pulp or recyclable paper materials, sludge, medical or hazardous waste. ecl "Construction and Demolition Debris" shall mean building materials and solid waste generated from construction and demolition activities, including. but not limited to. fully-cured asphalt, concrete. brick, rock, soil. lumber, gypsum wallboard. cardboard and other associated packagilJ.Z,. Page 7 1/19/2006 15 16 17 18 19 20 21 22 23 24 25 roofing material. ceramic tile. carpeting, fixtures. plastic pipe, metals, tree stumps, and other [ vegetative matter resulting from land clearing and landscaping for construction, deconstruction, i! demolition or land developments. This term does not include: refuse regulated under the 1932 Refuse I Collection and Disposal Initiative Ordinance or sections oUhe Municipal Code that implement the II provisions of that ordinance: materials excavated from the public right-of-way: or. unless il otherwise specified in Section 1402(bl, materials source separated for reuse or recycling. I" Hazardous waste. as defined in California Health and Safety Code section 25100 et seq" as amended., II is not Construction and Demolition Debris for purposes ofthis Chapter. .1 (dl "Department" shall mean the San Francisco Department oUhe Environment. 'I II II 'I I IIMayor Newsom. Supervisor Ma " BOARD OF SUPERVISORS II 1 eei "Director" shall mean the Director ofthe Department ofthe Environment or his or her 2 designee. 3 (f2 "Facility" shall mean a facility that receives and processes construction and demolition 4 debris into its component material types for reuse. recycling. and disposal oCresiduals. 5 (g) "Permittee" shall mean any individual, firm, limited liability company, association, 6 partnership, public or private corporation or any other entity who is issued a permit pursuant to 7 Section 106.1 of the Building Code. deconstruction and salvaging. reuse, recycling and composting. which causes materials to be recovered association. partnership or corporation or governmental entity. including the City and County of San Francisco and its departments, boards and commissions for projects within the I IlliZOgraPhiC boundaries of the City, and its or their successors or assigns, or agents. A II governmental entity may also be a "person" for purposes of obtaining a registration for a 11 facility. i {!Jj{i1 "Recover" or "Recovery" shall mean any activity, including source reduction, Page 8 1/19/2006 "Transport" or "Transportation" shall mean transportation of construction and "Person" shall mean a natural person, a firm, joint stock company, business concern, (j) i i, for use as a resource and diverted from disposal. __-,(",ilffi "Registered Transporter" or "Registered Facility" shall mean a person who holds a I valid registration issued by the Director pursuant to this Chapter. I, II----Alb=~~~~~~~~~~~_~~~~~ Ii demolition debris. "Transport" or "Transportation" does not include transportation of less than il one cubic yard of construction and demolition debris or transportation in a vehicle that has no Iii more than two axles and no more than two tires per axle. I (ki "Transporter" shall mean a person that transports construction and demolition debris ,I as defined in this Chapter. "Transporter" does not include a person that owns and operates I II 1 '1Mayor Newsom, Supervisor Ma IBOARD OF SUPERVISORS II,I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ii II I II II 1 [I 2 In 3 4 5 6 only vehicles with no more than 2 axles and no more than 2 tires per axle. "Transporter" does not include a person that owns the property at which the construction and demolition debris was generated. permittee transporting Construction and Demolition debris from the permitted (l) "Vehicle" shall mean a vehicle used to transport construction and demolition debris as those terms are defined in this Chapter. ,other than a vehicle .....ith not more than two axles SEC. ~1402. REQUIREMENTSAPPLICABILITY Of CHAPTER~ 7 9 8 22 23 21 19 24 18 17 15 16 20 and not more than two tires per mde. A vehicle with not more than 1\'.'0 axles and not more Ii.1 than PoliO tiros per mde is not subject to this Chapter. i10 II (a) Pursuant to Section 106.3.2.6 of the Building Code, every permittee must 11 'II comply with the provisions of this Chapter. 12 II (b) (a) Except as provided in this Chapter, no person, other than permittee the owner 13 II of the property where the construction and demolition debris was generated. may transport and I' I no person may process construction and demolition debris from a project subject to_Section 1106.3.2.6 of the Building Code unless that person has a registration tram the Department as i II provided in this Chapter. Except as provided in this Chapter. all construction and demolition II debris, regardless of transport or volume, must be processed at a registered facility. II (b) A person conducting full demolition of an existing structure must submit a waste I, i'l diversion plan to the Director which provides for a minimum of 65% diversion from landfill of II construction and demolition debris, including materials source separated for reuse or recycling i , which would otherwise not be subject to this Chapter. The plan may propose to use facilities Iii and transporters that are not registered under this Chapter. The waste diversion plan must be I' submitted to the Director at the time the person applies for a demolition permit from the I Department of Building Inspection and must include the following information: a list of all 14 25 'I Mayor Newsom, Supervisor Ma I BOARD OF SUPERVISORS I I'II Page 9 1/19/2006 Director an application form prescribed by the Director, which contains the following infOrmation, and the infOrmation set fOrth in Section -tJ 1405. SEC. -tJ 1404. REGISTRATION REQUIREMENT FOR FACILITIES AND TRANSPORTERS. I (i) For construction and demolition debris processing (acilities: the name and address o( 'I the person who owns the (acility; the name and address o[the person who operates the (acility; a statement that the owner or operator has all permits, authorizations or licenses required by any local, Page 10 1/19/2006 A person subject to Section -tJ 1402 shall apply fOr a registration by filing with the(a) Ii state or federal agencv to operate the facility and all necessary insurance. II (in For transporters ofconstruction and demolition debris: the name and address o[the II person who owns the vehicle(s); a statement that the vehicle(s) and each operator has all permits, I' authorizations or licenses and any insurance required by any local. state or federal agency to operate II the vehicle(s). An owner ora vehicle may obtain a single registration covering all vehicles and all Ii debris boxes or other containers. provided that each vehicle is clearly and prominently marked as II belonging to that owner (with the name ofthe business entity). The owner o[the vehicle(s) is II I Mayor Newsom, Supervisor Ma Ii BOARD OF SUPERVISORS II material types and volumes anticipated from the demolition: the market or destination for each material: the estimated recoverv rate (diversion from landfill) by material or market: and the I anticipated transporter for each material type. The Director shall make a determination as to I the adequacy of the plan within five (5) business days and shall notify the Department of ,I Building Inspection of its decision. II SEC. -tJ1403. RESERVED REQUIREMENTS FOR PERMITTEES" II All construction and demolition debris generated in the course of a project subject to a permit Ii pursuant to Section 106.3.2.6 of the Building Code, if transported, must be transported off the II site by a registered transporter, unless transported by the permittee, and must be handled, I processed and otherwise managed for recovery at a registered facility. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 I, I, responsible (or compliance by any operator ofa vehicle owned by that person being used to transport il 1'1', construction and demolition debris. (b) The person who owns the facilitv or the vehiclets} must certifY the accuracy o(the Page 11 1/19/2006 The Director must act on an application form within J5 days o(receipt. If the Director determines that the application form is complete, the Director shall issue IUhe Director determines that the information required by the application form is not (e) (d) (c) IMayor Newsom, Supervisor Ma 1 BOARD OF SUPERVISORS II II .1 information submitted in the application form under penaltv ofperjw}'. Ii I 1·1 complete, the Director will provide written notice to the potential registrant oUhe remaining [i information needed. III a registration containing the following minimum information: a reference to the general terms and 'I, conditions specified in Section ~1406: the name and address oUhe registrant, the name and address II o(the facility (i(applicable); the effective and expiration date oUhe registration: and a registration I, number assigned by the Director. II SEC. ~1405. REGISTRATION CRITERIA. II The owner oUhe facility or the transporter shall include the following information in the II application form described in Section ~1404. \1 (a) For Facilities. [I· (i! The (acility meets an overall minimum recovery rate 0(65 percent for construction and IIII demolition debris (based on the most recent month). which may include materials used as ADC or bio- ,!mass conversion, provided that the facility can demonstrate that the use as ADC or bio-mass II conversion is the highest and best use, The recovery rate will be determined by the total quantity o( h II materials delivered to established recycling and composting markets divided bv the total quant.i1J! 'I received by the registered (acility, Highest and best use for ADC does not include ADC which is generated by intentional crushing or grinding o(construction and demolition debris that has not been 23 24 25 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 agency that could affect the permits, authorizations or licenses required fOr its continued operation. Francisco materials only, the (ollowing infOrmation: the total quantity o(material received at the processed to remove wood, metal, wallboard, glass and other materials fOr which markets or uses other conversion is considered to be the highest and best use ora particular material. The (acility agrees to submit annual reports to the Director on [orms and by dates The {acility has no outstanding notices ofviolation (rom any federal, state or local The facility has and is implementing a hazardous waste load checking program to (iv) (iii) (iii specified by the Director pursuant to Section +J 1412, The reports must include, with respect to San than ADC are available. Consistent with this section, the Director shall adopt regulations pursuant to Section +J1412 to specifj; how the recovelY rate will be calculated and when ADC or bio-mass Iminimize hazardous waste accepted at the {acility. i[ Ii II il II 1 2 3 4 5 6 7 8 9 10 11 registered {acility, the breakdown o(all oOhe specific recycled commodities, the end use ofthe recycled commodity (reuse, recycling, composting, ADC, bio-mass conversionllandfill destination for residuals, and the recovery ratio fOr the report period by processing area. Page 12 111 912006 For Transporters. For each truckload received at a discrete {acility processing area, the {acility agrees to (bl (vi ,i provide each vehicle with a uniquely numbered tel§' receipt speci(ving, at a minimum, the (acility name I and processing area, the quantity o(material received and the current recovery rate fOr that processing II area. The receipt will also include the identity ofthe transporter and the permit application number II issued by the Department 0(Building1nspections, i(any, associated with that load. I (vi) The (acility agrees to comply with the provisions oOhis Chapter; provide documentation Ito support the infOrmation in the application fOrm, including the Section +J1404(bl certification, to the II Director upon request; and allow the Director to make inspections o(the facility in order to verifv the II infOrmation in the application fOrm and required reports. [ II I I Mayor Newsom, Supervisor Ma I BOARD OF SUPERVISORS II 24 25 12 13 14 15 16 17 18 19 20 21 22 23 1 (I) The owner has no outstanding notices ofviolation tram any &deral. state or local 2 agene}' that could affect the permits. authorizations or licenses required for continued operation ofhis 3 or her vehicles. 4 (ii) The owner agrees to submit to the Director, upon request, the receipts specified in 5 subsection (a)(v). 6 (iii) The owner agrees that for each truckload ofmaterials delivered to a (acility, the 7 operator ofthe vehicle will provide to the facility the permit application number. ifany. associated 8 with that load. The following terms and conditions shall apply to each registration: order to verifv the information in the application fOrm and reports. certification, to the Director upon request: and allow the Director to make inspections ofvehicles in documentation to support the in(ormation in the application form, including the Section ~1404(b) The owner ofthe vehicle agrees to comply with the provisions ofthis Chapter: provide Each registrant must submit a registration renewal on a (orm specified by the Director A registration is valid (or two years. (b) (a) (iv) Ii II-----'-"'.L-~~~~~~~~ I I, thirty (30) days prior to the expiration date of the registration. Except as prOVidedin this subsection, if II a registrant submits a properly completed renewal (orm thirty (30) days prior to the expiration date, Ii the current registration will continue in full (orce and effect until the Director issues a registration or I (v) The owner agrees that all vehicles will operate in accordance with state and federal II laws and motor carrier regulations and in accordance with best business practices to ensure against II: leakage and unsafe loads. All Construction and Demolition Debris must be transported in either a fully II enclosed yehicle or container and must be covered to minimize any potential spillage or littering. Ii SEC. ~1406. GENERAL TERMS AND CONDITIONS FOR REGISTERED FACILITIES AND I TRANSPORTERS 23 24 25 22 18 19 20 21 9 10 11 12 13 14 15 16 17 Mayor Newsom, Supervisor Ma BOARD OF SUPERVISORS Page 13 1/19/2006 (h) Each registrant must notifv the Director, in writing, within twenty-four (24) hours ofthe A registration does not take the place ofanv license required by state, federal or local A registration is not transferable. (e) (el) (c) All records required to be kept bv registered facilities and transporters shall be kept for at least three (3) years. person mal' not renew a registration during a period o(suspension, either bv filing a renewal form or bv operation onaw. At the end oOhe suspension period, the person may applv for a registration. all administrative and judicial appeals have been exhausted or the time for appeal has expired. A i I, 'I(law nor does compliance with the requirements oUhis Chapter relieve any party o( compliance with II any other applicable State, federal or locallaw. II (fJ A copy o(proo( o(registration shall be prominently displayed at any registered (acilitv II and kept in a registered vehicle. i (g) Within thirty (30) days ora change o(any oUhe information required on a registration Iii or renewal form, a registrant must file an amendment to the registration on a form prescribed by the Director. II 'I Ii, "Ii I! 1 ! 2 3 4 5 6 12 13 14 15 7 8 9 10 11 16 time a permit, authorization or license required by any local, state or federal agency to operate the 17 facility or vehicle terminates, expires or is revoked or suspended. 18 SEC. -id1407. TRADE SECRETS. Chapter contains a trade secret, the person shall provide the information to the Director and shall notify the Director in writing oUhat belief detailing the basis oUhe beliefas to each specific item of Page 14 1/19/2006 Ifa person believes that any information required to be reported or disclosed by this(a) ! information the person claims is a. trade secret. For purposes oUhis Chapter, "trade secret" shall have [I the same meaning as it has under state law. The person designating information as a trade secret shall 1 specify a name and street address for notification purposes and shall be responsible for updating such I III Mayor Newsom, Supervisor Ma BOARD OF SUPERVISORS I 24 25 19 20 21 22 23 I! II I I 1 information. The Director shall not disclose any properly substantiated trade secret which is so 2 designated by a person except as required by this Chapter or as otherwise required by law. protection ofhealth, without liability on the part of/he City, In adopting this Chapter, the Board ofSupervisors does not intend to authorize or When the Director or other City official or employee receives a request fOr infOrmation InfOrmation designated as trade secret may be disclosed to an officer or employee of/he (dl (cl (bl connection with the official duties ofsuch officer or employee acting under authority onaw fOr the CalifOrnia. II Cel This Section is not intended to empower a person or business to refuse to disclose any II infOrmation, including but not limited to trade secrets, to the Director or other City Departments 'II !:.-€fluiredunder this "": . . , . II (j) Notwtlhstandmg any other prOYlSlOnoOhls Chapter, any officer or employee of/he ClIY. II and County orSan Francisco, or fOrmer officer or employee or contractor with the City or employee I thereot: who by yirtue ofsuch employment ofofficial position has obtained possession or has had ,I, access to information, the disclosure orwhich is prohibited by this Section, and who, knowing that require the disclosure to the public or any trade secrets protected under the laws o(the State of II II that has been designated as, or which the City determines may be, a trade secret, the City shall notifY 'I the person or business of/he request, The City may request further evidence or explanation (rom the II person as to whv the information requested is a trade secret, If/he City determines that the infOrmation I does not constitute a trade secret, the City shall notifY the person or business oUhat conclusion and II that the infOrmation will be released by a specified date in order to provide the person or business the I QJ2.vortunityto obtain a court order prohibiting disclosure, II 'III City and County ofSan Francisco. the State ofCalifOrnia, or the United States ofAmerica fOr use in I, II II 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i,'I: MayorNewsom, SupervisorMa ': BOARD OF SUPERVISORS II Page 15 1/19/2006 1 2 I I II disclosure ofthe infOrmation is prohibited. knowinglv and willfullv discloses the infOrmation in any !I manner to anv person or business not entitled to receive it. shall be guiltv ofa misdemeanor. SEC. 4-d1409. LIST OF REGISTERED FAGLITIES AND REGISTERED TRANSPORTERS. The Director will maintain a current list of registered facilities and registered transporters relevant provisions ofthe Building Code. shall work together with the Director to coordinate enforcement Of/his Chapter with enfarcement of Page 16 1/19/2006 In order to carry out the provisions ofthis Chapter. the Director has the authority to(b) SEC. 4-d1408. RESER VED. violating or has violated this Chapter or the terms ofa registration. the Director may issue an order [ I suspending the registration as provided in this Section. The Director's order to suspend must include a II written statement ofthe reasons for the suspension and must provide the person with an opportunity to I' I , !Mayor Newsom. Supervisor Ma I BOARD OF SUPERVISORS [I .1 I inspect any registered facility or registered transporter. This right ofentry will be exercised only at reasonable hours. and with the consent ofthe owner Of/he vehicle or facility or with a proper I inspection warrant. The Director will inspect each registered facility and transporter at least once I annually. II!I (c) Suspension ofregistration. Whenever the Director finds that information in a person's II application. registration or any required report is inaccurate. a person does not have the appropriate i i permits. authorizations or licenses to operate the registered facility or vehicle. or that a person is i II I1,'[ available at the Department's Office and on its website. The Director will update the list at least every sixty (60) days. The Director will work with the Department ofBuilding Inspection and other City I departments to ensure availability of/his infOrmation to the public. , SEC. 4-d14IO. ENFORCEMENT I fa) The Director has authority to administer all provisions ofthis Chapter and to enforce its II provisions by any lawful means available for such purpose. The Department ofBuilding Inspection 6 5 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 1/19/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I II 'IIiil respond in writing before the order becomes effective. The order shall provide the effective date and 'II end date oUhe suspension. The suspension period will be no more than: one (J i month for the first II violation; six (6) months for the second; and twelve months (12) for any subsequent violations. The 1 1 '1 Director's decision shall be final. Ii (eli A Onal decision oUhe Director to suspend a registration may be appealed to the Board II ofAppeals in the manner prescribed in Article / oUhe San Francisco Business and Tax Regulations I Code. Anv person who (ails to appeal the Director's decision to the Board ofAppeals within the time II :::::,:,:;::::i::::,:::::;,:~~:: :;:::,~::~:nd", I, 'n, ,'dld'l pmn,di", \1 Within ninety (90) days oUhe decision oUhe Board o(Appeals. a person mav file with a Court of competent jurisdiction a petition for writ ofmandate to review the Board ofAppeals decision. II provided that the responsible party has exhausted its administrative remedies. Any person who (ails to I file a petition within this 90-day period may not challenge a decision or final order oUhe Board o( II Appeals in any judicial proceedings brought to enforce the decision or order or for other remedies. Section /094.5 oUhe California Code o(Civil Procedure shall govern any proceedings conducted II pursuant to this Section. In all proceedings pursuant to this Section. the Court shall affirm the Board I II ofAhP:eal; d;CiSiO~ int is based upon substantial e~ld;nce:n the who:record. This Section does not Ii pro I Itt e ourt Jom grantl11gany appropriate re Ie Wit lfl Its /UriS Ictwn. 'I (ei The Director may request the City Attorney or the District Attorney. as the case may be, I Ito commence an action to enforce this Chapter. II (i) Civil Penalties. Any person who violates this Chapter shall be civilly liable to I the City and County o(San Francisco for a civil penalty in an amount not to exceed one-thousand II dollars ($1.000) for each day in which the violation occurs. Each day that such violation continues I shall constitute a separate violation. For a second violation oUhe Chapter. the civil penalty will be not I II Mayor Newsom. Supervisor Ma I BOARD OF SUPERVISORS II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 less than one thousand dollars ($1,000) and not more than five thousand dollars ($5, 000) tor each day in which the violation occurs. In determining civil penalties, the court shall consider the extent ofharm caused by the violationts), the nature and persistence oOhe violationts), the length oUime over which the violation(s) occur(s), the trequencv ofpast violations, any action taken to mitigate the violation, I and the financial burden to the violator, il II (in Criminal Penalties. Each violation shall be considered a separate misdemeanor I punishable by a fine not exceeding than one thousand dollars ($1,000), or imprisonment not to exceed six (6) months in the Countv Jail, or both. In determining criminal penalties, the court shall consider the extent ofharm caused bv the violation(s), the nature and persistence oOhe violationts), the length oUime over which the violationts) occur(s), the trequency ofpast violations, any action taken to mitigate the violation, the financial burden to the violator, and such other (actors as deemed relevant II II and material, Ii ill Remedies under this Section are in addition to and do not supersede or limit any and all I other remedies, civil or criminal. I SEC. ~1411. REPORTS, II Within two (2) years ofthe effective date oOhis Chapter, the Director shall report to the II' Commission on the Environment on the results oUhis ordinance, incIudl1lf!the quantity recovered tram Iliandall, and any recommended amendments ofthe ordinance, 'il SEC. ~1412. FORMS, REGULATIONS AND GUIDELINES, II (a) Consistent with the intent oUhis Chapter, and after consultation with other City \t departments, public notice and a public meeting, the Director mav adopt torms, regulations, and il guidelines as directed by this Chapter and as necessary and appropriate to implement this Chapter. 1,1 (b) The Department shall provide assistance and consulting to persons subject to this II Chapter regarding compliance with this Chapter, I Mayor Newsom, SupervisorMa IBOARD OF SUPERVISORS II II Page 18 1/19/2006 II II;, , II 1 I2 3 (c) The Director, consistent with this Chapter, mav waive anv specific requirement ofthis Chapter iOhe person seeking the waiver has demonstrated that strict application o(the specific requirement would create practical di(ficulties not genera Ill'applicable to other persons in similar The Director shall determine the cost oOmplementing this Chapter. The Director may request Page 19 1/19/2006 SEC. 4-J1415,DISCLAIMER OF LIABILITY. SEC. 4-J1413. COST OF IMPLEMENTATiON. I, II The degree of protection required by this Chapter is considered to be reasonable for regulatory II purposes. The standards set forth in this Chapter are minimal standards and do not imply that I' compliance will ensure proper handling ofconstruction and demolition debris. This Chapter shall not I I create liabilitv on the part o(the City, or anv oOts o(ficers or employees for any damages that result Ifrom reliance on this Article or any administrative decision lawfully made in accordance with this All persons handlinf[ construction and demolition debris within the City should be and are[ Chapter, I 111 Mayor Newsom,SupervisorMa I, BOARD OF SUPERVISORS II [ I that relevant City departments provide work orders to the Director to cover the cost oOmplementing II and maintaining the program required by this Chapter, I SEC. 4-J1414 RESERVED ACTIVITIES ON CITY PROPERTY. I All departments, boards, oommissions and agenoies of the City and County of San Franoisoo that authorize oonstruction or improvements on land under their jurisdictioFl uFlder oiroumstanoes 'Nhere no permit needs to be obtained pursuant to the San Franoisoo Building Code shall adopt rules and regulations to ensure that construction and demolition debris-is I reoovored and prooedures as set forth in this Chapter and Health Code seotion 288 are followed, The Direotors of the Department of the Environment and Building Inspeotion shall assist the departments, boards, oommissions and agenoies to ensure that these requirements are met. II circumstances, The Director shall specify in writing the basis for anl' waiver under this Section. I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEC ~1416. DUTIES ARE D1SCRETIONAR Y. Subject to the limitations ofdue process and applicable requirements ofState or (ederallaws, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II 1\ [, II advised to conduct their own inquirv as to the handling ofsuch materials. In andertaking the I ' 1 1 '1 " implementation o[this Chapter, the City is assuming an undertaking onlv to promote the general welfare. It is not assuming, nor is it imposing on its officer and employees, an obligation for breach of II which it is liable in monev damages to anv person who claims that such breach proximately caused i injury. II - III I, :1 and notwithstanding any other provisions ofthis Code whenever the words "shall" or "must" are used III in establishing a responsibilitv or duty ofthe City, its elected or appointed officers, emplovees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty I requiring the exercise ofiudgement and discretion. I SEC ~1417. SEVERABILITY. II 1fanv section, subsection-,-,,-entence,clause, or phrase o[this Chapter is for any reason held to [I be invalid or unconstitutional by a decision ofany court ofcompetent jurisdiction, such decision shall [not affect the validity o[the remaining portions o[the Chapter. The Board ofSupervisors herebv declares that it would have passed this Chapter and each and every section, subsection, sentence, II clause, or phrase not declared invalid or unconstitutional without regard to whether any portion o[this II Chapter would be subsequently declared invalid or unconstitutional. I, I': Section 6. This ordinance shall take effect 120 (one hlJAdredand twenty) days after i[ adoption by the Board of Supervisors pn July 1. 2006. II Section 7. If any section, subsection, sentence, clause, or phrase of this ordinance is II for any reason held to be invalid or unconstitutional by a decision of any court of competent II jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. I The Board of Supervisors hereby declares that it would have passed this ordinance and each ! Mayor Newsom. Supervisor Ma 'i BOARD OF SUPERVISORS Page 20 1t19t2006 (a) This Section shall govern the imposition, assessment and collection of administrative penalties imposed pursuant to Sections 37, 38 and 63 of the Police Code, Sections 41.13,283.1,287, 288.1 and 600 of the Health Code, and Sections 170, 173, 174, 174.2, 184.63 and 724.5 of the Public Works Code. (b) The Board of Supervisors finds: i (1) That it is in the best interest of the City and its citizens to provide an alternative, II administrative penalty mechanism for enforcement of the littering and nuisance violations II covered by this section in addition to the existing enforcement mechanisms authorized under II the California Penal Code; and I (2) That the administrative penalty scheme established by this section is not I intended to be punitive in nature, but is instead intended to compensate the public for the II injury and damage caused by the prohibited conduct. The administrative penalties authorized 1,1 under this section are intended to be reasonable and not disproportionate to the damage or 1 I injury to the City and the public caused by the prohibited conduct. I, (c) Administrative Citation. Where an officer or employee designated in Section 38 '1\ determines that there has been a violation of a local litter or nuisance law that authorizes [ imposition of an administrative penalty, the officer or employee may issue an administrative I I (I 1 II 2 \1 3 I' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this ordinance would be subsequently declared invalid or unconstitutional. Section 8. The San Francisco Police Code is hereby amended by amending Section 39-1 to read as follows: SEC. 39-1. PROCEDURE FOR ASSESSMENT AND COLLECTION OF ADMINISTRATIVE PENALTIES FOR SPECIFIED LITTERING AND NUISANCE VIOLATIONS. I Mayor Newsom, Supervisor Ma BOARD OF SUPERVISORS Page 21 1/19/2006 Page 22 1/19/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I II citation to the person and/or entity responsible for the violation. For purposes of this Section, II an entity is responsible if an officer, employee or agent of the entity commits the violation. The [I citation shall inform the person or entity responsible of the date, time, place and nature of the I violation and the amount of the proposed penalty, and shall state that the penalty is due and I payable to the City Treasurer within 15 City business days from the date of the notice, if not, I contested within the time period specified. The citation shall also state that the person or II entity responsible has the right, pursuant to Subsection (d), to request administrative review of the citing officer or employee's determination as to the violation and assessment of penalties, and shall set forth the procedure for requesting administrative review. The Director shall I serve the administrative citation as follows: I 1. Where there is a nexus between the violator and a specific property: (A) One copy of the Notice shall be posted in a conspicuous place upon the building ! . or property. I (8) One copy of the Notice shall be served upon each of the following: 'I (i) The person, if any, in real or apparent charge and control of the premises 1'1 or property involved; I. (ii) The owner of record. Service required by subparagraph (8) may be made by personal service or by certified ! I mail. II 2. Where the issuing officer or employee is unable to ascertain a nexus between I' the violation and property within the City, a completed copy of the administrative citation may I be served on the individual who has committed the violation by personal service or by certified II mail. I II· Mayor Newsom. Supervisor Ma I BOARD OF SUPERVISORS III. II A person or entity that has been issued an administrative citation may request For purposes of this Section, there is a nexus where activity on the property has Request for Hearing; Hearing.(d) (1) 3. 7 5 1 1', 1 2 caused, contributed to, or been a substantial factor in causing, the violation. II 4 'II il administrative review in order to contest the citation issued in accordance with this section. II Administrative review shall be initiated by filing a request for administrative review with the I, Director of Public Works within 15 City business days from the date of the citation. Failure to 6 1 3 8 request a hearing within the time specified in the citation shall be deemed an admission that 9 the cited person or entity committed the violation identified in the administrative citation. 10 (2) Whenever administrative review is requested pursuant to this Section, the 11 Director of Public Works shall, within five City business days of receipt of the request, notify 12 the requestor of the date, time, and place of the administrative review hearing by certified 13 mail. Such hearing shall be held no later than thirty (30) calendar days after the Director 14 receives the request, unless time is extended by mutual agreement of the affected parties. i officer from outside the Department of Public Works and the department whose employee ,I issued the citation, assigned by the Director of Administrative Services. The Director of II Administrative Services may issue rules as needed to implement this requirement. The I, Ii parties may present evidence and testimony to the hearing officer. All testimony shall be ill under oath. The hearing officer shall ensure that a record of the proceedings is maintained. IThe burden of proof to uphold the violation shall be on the City, but the administrative citation Ishall be prima facie evidence of the violation. Ii (4) The hearing officer shall issue a decision including a summary of the issues and II the evidence presented, and findings and conclusions, within ten (10) calendar days of the I 15 16 17 18 19 20 21 22 23 24 25 (3) The administrative review hearing shall be conducted by a neutral hearing of I Mayor Newsom, Supervisor Ma BOARD OF SUPERVISORS Page 23 1/19/2006 1 conclusion of the hearing. The hearing officer may uphold the penalty imposed by the citation, 2 reduce the penalty, or dismiss the citation. A copy of the decision shall be served by certified 3 mail upon the person or entity contesting the violation. The decision shall be a final 4 administrative determination. An aggrieved party may seek judicial review of the decision 5 pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. 6 7 (e) (1) Payment and Collection of Penalty. Where a person or entity has not made a timely request for administrative 8 review, the penalty shall be due and payable to the City Treasurer on or before 15 City 9 business days from the date of issuance. 10 (2) Where a person or entity has made a timely request for administrative review, 11 and the penalty has been upheld in whole or in part upon review, any administrative penalty 12 imposed by the hearing officer shall be due and payable not later than ten City business days 13 from the date of the notice of decision issued under subparagraph (d)(4). the specified due date, the Director of Public Works shall send the violator written notice that Page 24 1/19/2006 If a penalty due and payable under paragraphs (1) or (2) remains unpaid after(3) [ the penalty is overdue. Penalties that remain unpaid 30 days after the due date shall be II subject to a late payment penalty of ten percent (10%) plus interest at the rate of one percent i (1 %) per month on the outstanding balance, which shall be added to the penalty amounts Ii from the date that payment is due. Persons and entities against whom administrative 1,[ penalties are imposed shall also be liable for the costs and attorney's fees incurred by the City II and County in bringing any civil action to enforce the provisions of this section, including II obtaining a judgment for the amount of the administrative penalty and other costs and II charges I II I IIMayor Newsom, Supervisor Ma ,I BOARD OF SUPERVISORS 1\ 14 15 16 17 18 19 20 21 22 23 24 25 I I ,i Ii il I 1 ,I (4) Where there is a nexus between the violation and property in the City owned by 2 i'! the violator, the Director shall further inform the violator that if the amount due is not paid 3 II within 30 days from the date of the notice, the Director shall initiate proceedings to make the 4 II amount due and all additional authorized costs and charges, including attorneys fees. a lien 5 Ii on the property. Such liens shall be imposed in accordance with Chapter 10, Article XX of the 6 I Administrative Code. pursuant to this Section may be expended only by the department that is responsible for issuing the administrative citation, except that each department other than Public Works that issues administrative citations pursuant to this Section shall reimburse the Department of Public Works for the costs incurred by the Department of Public Works in administering review of those citations issued by the other department. The revenues from administrative citations issued by Class 8280 Environmental Control Officers and 8282 Senior Environmental Control Officers may be expended exclusively by the Department of Public Works for the purpose of I funding litter enforcement and abatement except where the use or expenditure of those II revenues is specifically directed by law to another program within the Department of Public I Works. II Section 9. The San Francisco Building Code is hereby amended by changing the title I" of Chapter 13 from "Energy Conservation" to "Resource Conservation". i' II Section 10. The San Francisco Building Code is hereby amended by amending II Section 106.3.2.2 to read as follows: SEC. 106.3.2.2. DEMOLITION. An application for a permit to demolish a [ building or structure shall not be deemed complete until II I II' Mayor Newsom, Supervisor Ma BOARD OF SUPERVISORS Page 25 r 1/19/2006 II 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (f) The revenues generated by penalties from an administrative citation issued 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 II 17 II 18 II 19 1'1 20 I,, 21 [I 22 II 23 ,(glthe applicant declares under penalty of perjury that every party who has a recorded interest in the property that is the subject of the application has been notified of the filing of the application. See Section 110, Table 1-L - Public Information - for fee to defray the cost of maintaining records of such declarations and other attendant costs and, (b) the Department receives written notice from the Department of the Environment that the Department of the Environment has approved the applicant's waste diversion plan in accordance with Chapter 14 of the Environment Code. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: Q~~/tt..~ R<!Jna H. Sandler Deputy City Attorney 24 25 II [ I! MayorNewsom, SupervisorMa I BOARD OF SUPERVISORS II Page 26 1/19/2006 Fife Number: 051142 City and County of San Francisco Tails Ordinance Date Passed: City Hall 1 Dr. Carlton B. GoodlettPlace San Francisco, CA 94102-4689 Ordinance amending the Building Code by amending Chapter 13 of the Building Code to change the titie of the Chapter from "Energy Conservation" to "Resource Conservation" and adding Chapter 13B entitied "Construction and Demolition Debris Recovery Program;" amending the Health Code by adding Sections 288 and 288.1; and amending the Environment Code by adding Chapter 14. entitled Construction and Demolition Debris Recovery Ordinance. to establish a comprehensive program to require the recovery rather than landfill disposal of construction and demolition debris generated in San Francisco by prohibiting disposal of such debris with garbage; imposing requirements and conditions in bUilding permits; establishing a program to register construction and demolition debris transporters and processing facilities; and establishing enforcement mechanisms including penalties; amending the Police Code Section 39-1 to implement the new program; setting an operative date; and making environmental findings. January 24,2006 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Ammiano, Daly. Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Excused: 1 - Alioto-Pier January 31, 2006 Board of Supervisors - CONTINUED Ayes: 10 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin, Sandoval Absent: 1 - McGoldrick February 7, 2006 Board of Supervisors - FINALLY PASSED Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbemd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval City and County of San Francisco I Printed at 1:03 PM on 2/8/06 File No. 051142 Date Approved File No. 051142 city and County of San Francisco Tails Report 2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on February 7, 2006 by the Board of Supervisors of the City and County of San Francisco. Printed at 1:03 PM on 2/8/06