STEP-BY-STEP

Perform site assessment and mitigation

Control contamination and dust on your construction project.

Site Mitigation Program

Construction projects in San Francisco must control contamination and dust on their sites, per Health Code 22A (Maher Ordinance) and 22B (Construction Dust Control Ordinance). If you want to build in a potentially contaminated area, you may need to do the following to show that your project is safe:

  • Assess your property for contamination
  • Prepare plans to protect people and the environment
  • Clean up the contamination

This page describes the general steps to satisfy both Health Codes 22A and 22B. Check your site conditions to determine if your project is subject to Health Code 22A and 22B. These steps are typically performed in order, with each submittal informing the next step. Requirements are determined on a case-by-case basis. If your project is only subject to Health Code 22B (and not 22A), follow the simplified compliance steps for dust control.

Review our submittals webpage for more information about requested documents. Submittals must be prepared by qualified environmental professionals. The required activities may take several months, so start as soon as you can. We will issue letters for each submittal.

The Department of Public Health (DPH)'s Site Mitigation Program oversees Health Codes 22A and 22B. Contact us at Site Mitigation if you have any general questions.

Building Permit

If your project is subject to Health Code 22A and/or 22B, you must satisfy Site Mitigation requirements prior to submitting a building permit application to DBI.

If you seek a Site Permit from DBI, complete Step 1 below to obtain a Site Mitigation Environmental Database (SMED) case number. A SMED case number is required for the DBI application for a Site Permit.

If you seek a Full Permit or Addenda to Site Permit from DBI, complete Steps 1 through 5 below to obtain a Application Eligibility Letter (AEL). This letter is required for the DBI application for a Full Permit or Addenda.

Plan ahead and start these steps early, as they can take months to complete. (We recommend starting when you submit a Project Application [PRJ] to the Planning Department).

1

Submit an application to the Site Mitigation Program

Check your conditions to see which health code requirements apply to your project. Go through those webpages to submit an application.

Once we process your application and payment, we will give you a Site Mitigation Environmental Database (SMED) case number to track your project. A Site Mitigation caseworker will be assigned to contact you and guide you through the next steps. Include the SMED case number in all correspondence with your caseworker.

and

Submit a Site Permit application to DBI

Optional

Once you receive a SMED case number, you can submit an application to DBI for a Site Permit (see step 3 in the linked webpage).

As part of the DBI Site Permit application, include a copy of your processed Site Mitigation application that shows your SMED case number. We consider a Site Permit application complete if you show documentation of receiving a SMED case number.

and

Submit waiver documentation

Optional

Health Code 22A (Maher Ordinance) requirements may be waived if you submit documentation demonstrating:

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

We will review your documents after we process your payment and application.

and

Follow simplified dust control steps, if instructed

If your caseworker determines that your project only needs to control for dust, follow the simplified compliance steps for dust control.

2

Submit and obtain approval of a Site History Report

A Site History Report summarizes past uses of the property and any potential environmental conditions.

3

Submit and obtain approval of a Subsurface Investigation Work Plan

A Subsurface Investigation Work Plan describes a proposed scope of work for the collection of environmental samples at your site.

4

Submit and obtain approval of a Subsurface Investigation Report

A Subsurface Investigation Report describes how a Subsurface Investigation Work Plan was implemented, what was found, possible health risks, and recommended next steps.

If health risks can be reduced (mitigated), we will direct you to Step 5.

If there are unacceptable health risks, we may direct you to do the following before Step 5:

5

Submit site mitigation documents

Dust Control Plan (DCP)

Projects greater than 0.5 acres must submit a site-specific Dust Control Plan (DCP) under Health Code 22B.

Site Mitigation Plan (SMP)

A SMP describes how your project will manage and reduce the health risks from contaminants. Some long-term health risks need engineering and institutional controls.

Engineering Control Plan (ECP), if needed

An ECP describes the design of the engineering control, and how it will be installed, constructed with quality assurance, and tested. An example of an ECP is a design plan for a vapor intrusion mitigation system (VIMS), which prevents underground gases from getting inside a building.

The construction plans and details for the engineering control must be included in the ECP and relevant Full Permit or Addenda application(s).

and

Pay invoices

Projects with past-due Site Mitigation invoices will not receive submittal approval letters, until those invoices are paid. See our invoice webpage for acceptable payment options.

and

Follow simplified mitigation steps, if instructed

If your SMP is approved without engineering or institutional controls, follow the simplified compliance steps.

6

Submit a Full Permit or Addenda to Site Permit application to DBI

Optional

Once we approve your SMP and receive your ECP, you will receive an Application Eligibility Letter (AEL) indicating your project has met the necessary requirements to submit a complete building permit application.

Include the engineering control design and AEL in your DBI application for a Full Permit or Addenda to Site Permit. The engineering control design may be revised during plan review.

7

Implement your project and mitigations

After you receive a Full Permit or Addenda for Site Permit from DBI, construction activities must follow the approved site mitigation documents from Step 5. Construct the engineering control design as approved in your permit.

This is a great time to start drafting your post-construction submittals:

  • Construction Quality Assurance Report (Step 8)
  • Operation and Maintenance Plan (Step 9)
  • Covenant and Environmental Restriction (Step 10)
  • Site Mitigation Completion Report (Step 11)
8

Submit and obtain approval of a Construction Quality Assurance (CQA) Report

The CQA Report documents implementation of the ECP and certifies the building is safe to occupy.

You can also send us a digital copy of your DBI Temporary Certificate of Occupancy (TCO) Worksheet with your CQA Report. Once we approve the report, we will digitally sign your DBI TCO Worksheet.

9

Submit and obtain approval of an operation and maintenance plan (OMP)

An OMP describes how to operate and maintain the engineering control.

Step 9 is often done at the same time as Step 10.

10

Submit and obtain our approval for a Covenant and Environmental Restriction

A Covenant and Environmental Restriction informs current and future land owners of contamination on the property, activity use limitations (AULs), and activities required of the owner to ensure the property remains safe for its intended use. Such activities could include operating and maintaining an engineering control. If your property has a deed of trust or mortgage, you may also need to submit a subordination agreement.

We will provide you with instructions and templates. Input and review are required from:

  • Your environmental professional,
  • Property owner (and their legal counsel, if applicable),
  • Site Mitigation caseworker
  • City Attorney's Office

Once we approve these documents, they must be:

11

Submit and obtain approval of a Site Mitigation Completion Report (SMCR)

A SMCR documents and certifies that the project:

  • Followed the approved site mitigation documents from Step 5, and
  • Completed the post-construction submittals from Steps 8, 9, and 10.
12

Finish closure activities

We will send you any final and outstanding invoices. Submit payment of all Site Mitigation invoices, and a digital copy of your DBI Job Card.

Once your account balance has been settled, we will:

  • Issue a letter of No Further Action (NFA) for Health Code 22A and/or 22B compliance and
  • Digitally sign your DBI Job Card.
13

Implement the OMP

After project completion, the property owner must operate and maintain the engineering control. Refer to the Covenant and Environmental Restriction and OMP for specific requirements.