Frequently asked questions about the Maher Ordinance

What is San Francisco Health Code Article 22A (Article 22A), or the "Maher Ordinance"?

The Maher Ordinance is authorized by Article 22A and requires oversight by the San Francisco Department of Public Health (DPH) for the characterization and mitigation of hazardous substances found in soil, soil vapor, and groundwater within designated areas of the Maher Area as specified on San Francisco Building Code Article 106A.3.2.4. The Maher Area includes areas with current or historical industrial use or zoning; areas within 100 feet of current or historical underground tanks; filled former Bay, marsh, or creek areas; or areas within 150 feet of a current or former elevated highway. The Director of Public Health may also designate areas to be included within the Maher Area. Applicants of any building or grading permits for work that includes the disturbance of 50 cubic yards or more within the Maher Area must apply to the Maher Program. The Maher Program is implemented by DPH’s Environmental Health Branch, Site Assessment and Mitigation Program (EHB-SAM). The goal of the Maher Ordinance is to protect human health, safety, and the environment.

Program qualification and process

Do I need to apply to the Maher Program?

Apply to the Maher Program if your work (1) requires a building or grading permit and (2) will disturb 50 cubic yards of soil or more within the Maher Area. The Planning Department (CPC) or Department of Building Inspection (DBI) may also request that you contact the EHB‑SAM for case review.

Please Note – If your project will disturb 50 cubic yards of soil or more within the Maher Area on City property, you must contact EHB-SAM for case review, regardless of whether a building or grading permit is necessary.

Is my project in the Maher Area?

To determine if your project is located within the Maher Area, you can search for your property on the CPC’s SF Property Information Map.  This map will provide you with an initial indication of whether your project falls within the Maher Area. If you are unsure, please contact CPC, DBI, or EHB-SAM to discuss your project.

How do I apply to the Maher Program?

Submit a Site Assessment and Mitigation Application and payment of the application fee to EHB-SAM. Applications may be submitted electronically to our general inbox at  DPH-SiteMitGeneral@sfdph.org.

Application fee payment can be made either:

• By Mail. Submit a check payable to SFDPH (ATTN: Site Assessment and Mitigation Program) and include a copy of the Site Assessment and Mitigation Application. Address the letter to:
  San Francisco Department of Public Health
  Environmental Health Branch
  49 South Van Ness Avenue, Suite 600
  San Francisco, California 94103
• In Person. Pay the application fee via credit card or check at the DPH counter located on the second floor of the San Francisco Permit Center at 49 South Van Ness Avenue.

Direct any questions regarding your application to our general inbox. Once you have submitted a complete application and check, a SMED case number will be issued and a Maher Program caseworker will contact you regarding your next steps.

When should I apply to the Maher Program?

Apply to the Maher Program as soon as you know Article 22A may be applicable to your project. Early participation in the Maher Program allows you to identify the investigation, mitigation, and remediation activities that may be required under Article 22A, which helps you plan and avoid unnecessary project delays. You may apply in advance of submitting a building or grading permit application.

Do I need to apply to the Maher Program if there is an existing State Cleanup case?

Yes. You must apply to the Maher Program even if there is an existing environmental cleanup case under the oversight of the State of California, including the Department of Toxic Substances Control or the State/Regional Water Board. Full compliance with Article 22A shall be determined by the EHB-SAM; there may be Maher-specific requirements in addition to requirements set by the State. Not complying with Maher Program requirements may delay approval of your permit.

I would like to apply for a Maher Waiver. Where can I obtain copies of Sanborn maps to attach to my application form?

Sanborn fire insurance maps for San Francisco may be obtained from several sources:

• Most commonly, Sanborn maps are included in Phase I Environmental Site Assessment (Phase I) reports. These reports are prepared by environmental professionals, and one may have been completed for your Site recently as a part of the environmental due diligence process.
• Environmental Data Resources (EDR), a subsidiary of LightBox, holds the copyrights to most Sanborn maps and offers copies of the maps for a fee.
• A limited amount of Sanborn maps are available in the public domain; some sources include SF Property Information Map the San Francisco Public Library and the Library of Congress.

I am in the Maher Program. Now what?

To comply with Article 22A, an Applicant may be required to perform site investigation, remediation, and mitigation activities as deemed necessary by the EHB-SAM. Work must be performed and prepared by a Qualified Person (see Article 22A.2). Requested documentation will be reviewed for compliance by the EHB-SAM. Oversight activities may include technical report and workplan review; additional information requests; issuance of comment and approval letters; communication with applicable parties; and permit review. You may be required to perform some (or all) of the following steps:

1. Submit a Site History Report. All projects in the Maher Program require a site history report which satisfies Article 22A.6. A Phase I Environmental Site Assessment (Phase I) report prepared per ASTM E1524-21 may satisfy this requirement. If the site history indicates that there is no information that hazardous substances in the soil, soil vapor, or ground water may be present at concentrations exceeding applicable health risk levels, the EHB-SAM will certify compliance with Article 22A and issue a No Further Action (NFA) letter.
    
2. Perform a Subsurface Investigation. If the site history report indicates that hazardous substances may be present, preparation and submittal of a subsurface investigation work plan will be required which satisfies Article 22A.7. A scoping meeting may be required by the EHB-SAM to support work plan development. The work plan must include sections regarding the planned development, the presence or possibly presence of hazardous substances, applicable environmental concerns, an investigation scope, data quality criteria, and environmental risk evaluation criteria. The work plan may be implemented following approval.
   
   Following completion of investigation activities, a subsurface investigation report shall be submitted which satisfies Article 22A.8. The subsurface investigation report must include a description of the work performed, an evaluation of the analytical results, and identification of the Chemicals of Potential Concern (COPCs). Based on the results of the investigation, additional investigation or evaluation activities may be required. If the Phase 2 report indicates that there are no hazardous substances present in soil, soil vapor, or groundwater, the EHB-SAM will certify compliance with Article 22A and issue a NFA letter.
    
3. Submit a Site Mitigation Plan (SMP). If the subsurface investigation report indicates that hazardous substances are present on-site at unacceptable concentrations, submission of an SMP will be required. The SMP shall demonstrate that all risks to human health, safety, and the environment will be controlled during implementation of development activities, and shall satisfy Article 22A.10. The SMP must address all COPCs identified in the subsurface investigation report which exceed applicable screening levels, and must include planned measures for: soil and groundwater handling; dust control; mitigation; remediation; waste disposal; environmental contingencies; health and safety; deed restriction; and any other information and proposed actions in compliance with Article 22A. Information may be included that satisfy the site-specific dust control requirements for Article 22B (if applicable). Submission of additional plans or reports may be required during this step, including risk assessments, mitigation design reports, and operation and maintenance plans.
    
4. Submit a Final Report and Certification. Following completion of the work, a Final Report and Certification shall be submitted to the EHB-SAM that describes the implementation of the SMP and satisfies Article 22A.11. The Final Report and Certification must include verification documentation, including as-built drawings, confirmation sample results, waste manifests, and dust monitoring data.
    
5. Record a Deed Restriction. If applicable, prepare and record a deed restriction or Land-Use Covenant (LUC) against the property to identify any residual contamination at the site; restrict activities which would pose a threat to public health, safety, and the environment; and to ensure the long-term effectiveness of any mitigation measures left in place (see Article 22A.10 and Article 22A.11).
   
   Please Note – an NFA letter will not be issued until recordation of the LUC is completed (if required) and an electronic copy is submitted to our office. We encourage Applicants to discuss with the EHB-SAM if your project may require recordation of an LUC as early as possible in the Maher Program process. This can help identify investigation, remediation, and mitigation strategies that are best suited to the project’s needs.

Following completion of all required actions under Article 22A, the EHB-SAM will certify that the Applicant is in compliance with Article 22A and issue a No Further Action (NFA) Letter.

My project is completed. When can I occupy my building?

The Final Report and Certification must be approved by EHB-SAM prior to EHB-SAM sign-off of the Temporary Certificate of Occupancy (TCO). The NFA Letter must be issued prior to EHB-SAM sign-off of the Final Certificate of Occupancy (FCO).

Do I need an Institutional Control, Deed Restriction, and/or Land-Use Covenant (LUC)? What's the process?

If contamination remains in the subsurface at a property following development activities, there may be a need to restrict certain uses on the property with an Institutional Control, Deed Restriction or Land-Use Covenant (LUC). LUCs ensure that it is safe use the Site for its intended purposes while contaminants remain in place and the restrictions in the LUC are followed. If a deed of trust or mortgage is already recorded against the property, a subordination agreement may be required.

If the EHB-SAM determines that an LUC is required, you will receive a template document that you will need to update and submit for review and approval. The EHB-SAM will review the draft document(s), along with a legal review provided by the City Attorney's office, and comments will be provided (as necessary). When all parties have agreed on the language, the City Attorney's office will sign the LUC as to-form and you will need to (1) obtain all required notarized signatures and (2) record the document with the City's Assessor-Recorder’s office.

Do I need to upload case files to Geotracker or Envirostor?

The requirements within Article 22A do not include uploading environmental documents to State databases (i.e. Geotracker and Envirostor). If the Site is enrolled in other programs with a State reporting requirement (e.g., Voluntary Remedial Action Program [VRAP], former Local Oversight Program [LOP], or State Cleanup programs, etc.), then uploading documentation of environmental work performed under the Maher Program may be required.

DBI Permitting

How does the Maher Program Interface with DBI’s Permit Review Process?

The DBI facilitates building permit application review by routing permit submittals to City departments. This is tracked on DBI’s Permit Tracking System (PTS) wherein routing stations are created for each department that are required to review the permit and/or permit addenda. The Maher Program is one of many DPH programs that may be required to review building permits and utilizes either the “HEALTH” or “HEALTH-MH” station to track Article 22A compliance (as well as dust control plans required by Article 22B). The building permit review process is described on DBI's website.

While compliance is tracked via DBI’s PTS, documents required for the Maher Program are submitted directly to the EHB-SAM for review and approval. Review of these submitted documents (which are mostly reports) occurs outside of the normal DBI review process (which are mostly drawing sets). 

New state requirements have changed the DBI permitting process. Compliance with Health Code Article 22A is now required at the time you submit your application for a building permit. Per the DBI website, submit a DPH Program Routing Checklist, and a letter from DPH certifying pre-construction requirements have been met (i.e. Maher waiver, Phase I approval letter indicating no evidence of hazardous substances are present, Subsurface Investigation Report approval letter with data indicating no hazardous substnacnes are present, or an SMP approval letter).

You have the option to comply with Article 22A after issuance of your site permit. To do this, you must submit in your DBI site permit application a letter addressed to DPH and DBI requesting issuance of the site permit in advance of compliance with Health Code Article 22A, and certifying that you will a) comply with Health Code Article 22A prior to any soil disturbing activities, b) submit a DBI-approved addenda schedule which lists HEALTH as the first addenda, and c) to obtain DPH approval on the HEALTH addenda.

If you have questions regarding the DBI permitting process, you may contact the Permit Center Team  (permitcenter@sfgov.org) or the DBI Customer Service Center (628-652-3200 or dbicustomerservice@sfgov.org). You may also receive support through Permit Center Over-The-Counter (OTC) Services.

Miscellaneous

Do I need to apply for San Francisco Health Code Article 22B if I don’t need to apply to Maher?

Yes. The Dust Control Program requires that DPH receive and review a site-specific dust control plan for projects meeting two conditions: (1) project size greater than half an acre and (2) sensitive receptors located within 1,000 feet of the project.

How do I obtain information on Historical Maher cases?

If you would like to obtain electronic copies of available documents related to historical Maher cases, you may submit a request via Next Request.