Comply with the Maher Ordinance

Let us know your project's environmental history, or if your site is already under regulatory oversight. You may have met some requirements of the Maher Ordinance if:

• You already have environmental documents for your site
• Your project is or was under regulatory oversight of another environmental agency (DTSC, Regional Board, USEPA, etc.)
• Your project is on a Hunters Point Naval Shipyard Parcel, and your project will be reviewed by under the Article 31 Program.

The requirements of Health Code 22A may be waived, as described in Health Code Article 22A.4. If you believe your project qualifies for a waiver, submit documentation to support these findings:

• Your project site has been continuously used for residence since 1921.
• There is no evidence suggesting possible contamination.

Documentation can include a combination of Residential Building Records (3-R), Sanborn Maps, evaluations of environmental conditions, or other records. Some of this information can be found by searching for your property on the San Francisco Property Information Map. Waiver documentation will be reviewed after payment and application are processed.

If a waiver is issued, then no further action may be required. Otherwise, a Site History Report will be required.

The Maher Ordinance requires development projects on land that has known or suspected contamination to perform site assessment, mitigation, and if needed, remediation. Each step builds on the next, and you will be prompted by your caseworker to satisfy each requirement. To understand the scope, read the code, and read this page.

Many of these activities are required before a building permit application is submitted, per Government Code Section 65913.3 and San Francisco Building Code Section 106A.3.2.4.2(a). They can can take months to complete, so start early and plan ahead. A great time to submit an application to our program is when you submit a Project Application (PRJ) to the Planning Department. Completion of these activities will be verified during plan check per Building Code Section 106A.3.2.4.1.

Submittals must be prepared by qualified environmental professionals.

If you are seeking a Site Permit (see step 3 in the linked page) from the Department of Building Inspection (DBI), you may do so as soon as you have received a SMED case number. Continue following the step on this page to prepare for your Addenda to Site Permit.

If you are seeking a Full Permit or Addenda to Site Permit, continue following the steps on this page.

A Site History Report is required per Health Code 22A.6. This report will assess the environmental condition of the project site based on reasonably ascertainable information.

Submit a Phase I Environmental Site Assessment (Phase I ESA) meeting the ASTM E1527-21 standard to satisfy this requirement. Phase I ESAs must be prepared by an environmental professional as defined in 40 CFR 312.10, and must include the certifications required in Health Code Article 22A.6. The primary findings of the Phase I ESA are the Recognized Environmental Conditions (RECs).

If no RECs are identified and no other condition is identified by your caseworker that warrants investigation or mitigation, then no further action may be required, and a letter will be issued indicating a building permit application may be submitted. Otherwise, a Subsurface Investigation Work Plan will be required.

A Subsurface Investigation Work Plan is required per Health Code 22A.7. This work plan is sometimes called an environmental site assessment work plan, or a Phase II ESA work plan. This work plan will describe a strategy for investigating RECS identified in the Phase I ESA.

This must be prepared by a Professional Geologist or Professional Engineer licensed in California. Your work plan should include:

• Introduction
• Site description
• Conceptual Site Model (CSM)
• Scope of Work
• Sampling and Analytical Methods
• Quality Assurance/Quality Control
• Health and Safety
• Data reporting

Review Health Code 22A.7 to see specific requirements of the work plan.

If the subsurface investigation work plan is approved, then implementation is required.

If any borings are greater than 5 feet deep, apply for a drilling permit. If your investigation is in any public right-of-way, obtain the appropriate encroachment permits.

Implement the Subsurface Investigation Work Plan as described and approved. Notify the Site Assessment and Mitigation Program of any as-needed 5-foot step-out borings. Submit a variance request for review and approval for any other deviation from the approved plan, prior to implementation.

A Subsurface Investigation Report is required per Health Code 22A.8. This report is sometimes called a Phase II ESA. This report will document implementation of the Subsurface Investigation Work Plan, and present findings and recommendations.

This must be prepared by a Professional Geologist or Professional Engineer licensed in California. Your report should include:

• Executive summary
• Introduction
• Site description
• CSM
• Field activities
• Laboratory analysis
• Results
• Data Evaluation
• Conclusions and recommendations

The Subsurface Investigation Report should evaluate whether any of the following are concerns and recommend mitigation or other actions:

• Construction worker exposures
• Releases of impacted soil or dewatering water to the environment
• Waste disposal
• On-site commercial, industrial, residential or sensitive receptor exposures
• Off-site receptor exposures
• Historical contaminant releases

Review Health Code 22A.8 to see specific requirements of the report.

If the report identifies no environmental concerns, and your caseworker identifies no other conditions that warrant investigation or mitigation, then no further action may be required, and a letter will be issued indicating a building permit application may be submitted. If the report identifies environmental conditions that warrant additional investigation or remediation, additional plans and reports may be required. Otherwise, a Site Mitigation Plan will be required.

A Site Mitigation Plan (SMP) is required per Health Code 22A.10. The SMP is sometimes also called a risk management plan. The SMP describes how a project will manage and reduce environmental and human health risks.

This must be prepared by a Professional Geologist or Professional Engineer licensed in California. Your plan should include:

• Introduction
• Site description and history
• Construction scope
• Construction mitigation measures
• Engineering and institutional controls
• Reporting and documentation
• Certifications described in Health Code 22A.10

If the SMP is approved without engineering and institutional controls, then a letter will be issued indicating a building permit application may be submitted, with no plans reviewed during plan review.

If the SMP is approved with engineering and institutional controls identified, then an Engineering Control Design Plan must be submitted the Site Assessment and Mitigation Program, and a building permit application may be submitted if it contains those engineering control designs.

If your project is great than 0.5 acres, then a site-specific Dust Control Plan (DCP) is required per Health Code Article 22B. The DCP is sometimes also called a Dust Management Plan, or Dust Mitigation Plan. The DCP describes how a project will monitor, minimize, and control the potential generation of dust.

Submit a DCP meeting the Community Air Monitoring Plan Guidance (CAMP Guidance) to satisfy this requirement. This must be prepared by a Professional Geologist or Professional Engineer licensed in California.

If your SMP includes engineering and institutional controls, then an Engineering Control Design Plan is required per Health Code 22A.10. These plans often are a Soil Cap Design Plan, or a Vapor Intrusion Mitigation System Design Plan (VIMS Design Plan). These plans describe the engineering controls, describe the design basis, and provide information in construction-level detail.

These must be prepared by a Professional Engineer licensed in California. Depending on your engineering control, your plan should include:

• Introduction
• Site description and history
• Description of engineering control
• Basis of design
• Product information, technical specs, and performance data
• Storage, handling, installation measures
• Construction quality assurance measures
• Post-installation testing, monitoring, and verification
• Construction quality assurance reporting
• Operations and maintenance
• Institutional controls
• Construction plans and details
• Certification

The Engineering Control Design Plan must include a statement, signed by a California-licensed Professional Engineer, certifying that hazardous substances present in the subsurface are likely to pose significant health and safety risks based on the site’s intended use; and that in the engineer’s judgement, those risks will be mitigated if the recommended engineering control measures are implemented.

If the Engineering Control Design Plan is approved, a letter will be issued indicating the a building permit application will be considered complete, and routed to HEALTH-MH for plan review.

If the Engineering Control Design Plan is approved with construction plans and details, and construction plans and details are included in the building permit application, then those plans will be approved upon assignment in the Permit Tracking System (PTS).

If the Engineering Control Design Plan is approved without construction plans and details, and construction plans and details are included in the building permit application, then those plans will be reviewed during plan check.

If you have outstanding invoices, your SMP, DCP, or Engineering Control Design Plans may not be approved.

If you have been issued letters indicating any of the following, apply to the Department of Building Inspection for your Full Permit or Addenda, and include the letter in your application:

• Health Code 22A requirements are waived
• No further action is required for Health Code 22A compliance
• Approval of an SMP with no engineering and institutional controls, and approval of a DCP if required
• A letter confirming the site has completed an equivalent regulatory process

If you have been issued letters indicating approval of an SMP with engineering and institutional controls, and approval of a DCP if one is required, then apply to the Department of Building Inspection for your Full Permit or Addenda and include the following in your application:

• Letters approving your SMP, and if required your DCP
• Letter approving your engineering designs if they were reviewed in advance of plan check
• Engineering designs

Once your have a site or building permit, you may implement your project following the approved SMP, DCP, and Engineering Control Design Plan.

This is also a great time to begin drafting your Construction Quality Assurance Report, Operation and Maintenance Plan, Covenant and Environmental Restriction, and Site Mitigation Completion Reports.

If your SMP has engineering and institutional controls, a Construction Quality Assurance (CQA) Report is required. This is also sometimes referred to as a Construction Completion Report. This CQA report documents construction of the engineering control, and verification of it's performance, and certifies that the building is safe to occupy.

These must be prepared by a Professional Engineer licensed in California. Depending on your engineering controls, your plans should include:

• Executive summary
• Introduction
• Project team and responsibilities
• System design overview
• Construction activities
• Construction Quality Assurance (CQA) measures
• Materials and equipment used
• Performance verification and monitoring results
• Deficiencies and corrective actions
• Conclusion and certification
• As-built drawings
• Inspection checklists
• Photographs
• Field notes
• Installer certifications

The CQA Report must include a statement, signed by the Applicant, certifying that all mitigation measures recommended in the SMP and Engineering Control Design Plan have been completed and verified; and that the Applicant recognizes that it has a nondelegable duty to perform site mitigation; that it, and not the City, is responsible for site mitigation; that it, not the City, attests to and is responsible for the accuracy the representations made in the certification, and that it will continue to remain liable and responsible, to the extent such liability or responsibility is imposed by State and federal law, for its failure to perform the site mitigation.

If your SMP has no engineering and institutional controls, submit a Site Mitigation Completion Report instead to receive TCO approval.

If a CQA Report was required, submit your TCO worksheet to get your building approved for occupancy. The TCO Worksheet will be signed once your CQA Report is approved.

If no CQA Report was required, you may submit your TCO worksheet with the Site Mitigation Completion Report (SMCR). Your TCO Worksheet will be signed once your SMCR is approved.

If engineering and institutional controls are included in your SMP, then Operation and Maintenance Plan a plan is required per Health Code 22A.10(d). This plan is typically either a Cap Maintenance Plans (CMP), or Vapor Intrusion Mitigation System Operations, Maintenance, and Monitoring Plan (VIMS OMMRP). If there are multiple engineering controls, a Site OMMRP may be submitted.

These must be prepared by a Professional Engineer licensed in California. Your plans should include:

• Introduction
• Site description and history
• Project roles and responsibilities
• Engineering control description
• Operating procedures
• Monitoring and Inspection procedures
• Maintenance procedures
• Corrective actions
• Contingency plan
• Construction quality assurance reporting and notifications
• Monitoring and inspection forms
• As-Builts

If the Operation and Maintenance Plan is approved, a Covenant and Environmental Restriction will be required.

If engineering and institutional controls are included in your SMP, a Covenant and Environmental Restriction is required per Health Code 22A.10(d). This is also sometimes called a Deed Restriction or Land Use Covenant (LUC). A Covenant and Environmental Restriction informs current and future owners about hazardous substances under the property, activity use limitations (AULs), and any required activities to ensure the property remains safe for it's intended use. If your property has a deed of trust or mortgage, you may also need to submit a subordination agreement.

The Covenant and Environmental Restriction and any Subordination Agreements require review by your environmental professional, property owner, and their legal counsel, your caseworker, and the City attorney's office. Your caseworker will provide you a template package with instructions. Upon completion, these documents must be notarized and recorded at the City's Assessor-Recorder’s office.

The Covenant and Environmental Restriction primarily:

• Restricts residential or sensitive uses if needed
• Requires implementation of the Operations and Maintenance Plan

Once the Covenant and Environmental Restriction is recorded, a Site Mitigation Completion Report is required.

A Site Mitigation Completion Report (SMCR) is required per Health Code 22A.11. This is sometimes also called a Final Report and Certification. This report documents all the mitigation activities performed to comply with Health Code 22A, including the implementation of all SMP and DCP activities, and completion of any CQA Report, Operations and Maintenance Plan, and Covenant and Environmental Restriction.

These must be prepared by a Professional Engineer licensed in California. Depending on your engineering and institutional controls, your SMCR should include:

• Reference to the SMP, and if applicable the DCP
• Description of all construction mitigation measures implemented
• Any incidents that required a contingency response
• Documentation and summary tables of soil and groundwater testing, transportation, and disposal
• Dust monitoring data and summaries
• Description of all engineering and institutional controls implemented per the SMP and Engineering Control Design Plan.
• As-built drawings
• Reference to the Construction Quality Assurance Report, if any
• Reference to the Operation and Maintenance Plan, if any
• Reference to the Covenant and Environmental Restriction, if any

At this point in your project, you will need to pay all your invoices. 

You may receive a No Further Action letter after your account balance is settled.

If your SMCR is approved, and all invoices are paid, you will receive a letter indicating no further action is required for Health Code 22A and 22B compliance.