§ 33-191. Closure approval required.

(a)

Approval for partial facility closures. A person or entity shall apply for and obtain approval from the environmental services department to close a portion of a storage facility or storage system not less than thirty (30) days prior to the termination of the storage of hazardous materials at the portion of the storage facility or storage system.

(b)

Approval for total facility closure. A person or entity shall apply for and obtain approval from the environmental services department to totally close a storage facility not less than ninety (90) days prior to the termination of the storage of hazardous materials at the total storage facility.

(c)

Application required. Each person or entity requiring additional approvals for a facility closure shall apply according to the procedures set forth in division 2 of this article II.

(d)

Standards for closures.

(1)

A partial closure of a storage facility or system shall be in a manner that:

a.

Minimizes the need for further maintenance;

b.

Eliminates any substantial risk to the public health or safety or to the environment from residual hazardous materials in the storage facility or storage system; and

c.

The hazardous materials that were stored in the storage facility or storage system are removed, disposed of, neutralized or reused in an appropriate manner.

(2)

A total closure of a storage facility shall be in a manner that:

a.

The hazardous materials that were stored in the storage facility are removed, disposed of, or neutralized in an appropriate manner; and

b.

The facility is not contaminated as a result of the storage of hazardous materials.

(e)

Requirement of a closure plan. Each applicant for a partial or total closure of a storage facility or storage system shall prepare and submit a closure plan with the application.

(f)

Content of closure plan. A closure plan shall contain the following:

(1)

The names and addresses of the parties responsible for the closure application and closure plan; and

(2)

A description of the procedures the applicant intends to make to meet the closure standards.

(g)

Continued notification. The responsible parties set forth in the closure plan shall notify the hazardous materials management permit office of any address change which occurs within one (1) year of the effective date of the closure of the facility.

(h)

Public notification. Any party may request a courtesy notice of a pending total facility closure. Such request shall be in the form of a filed written request with the hazardous materials management permit office for notification of closure pursuant to this section. Such request shall include five (5) self-addressed, stamped envelopes for each party requesting notification. When the five (5) included envelopes have been used for notification, the requesting party shall provide the hazardous materials management permit office with additional envelopes for notification. Parties who have filed such written request of any closure shall be notified within ten (10) working days of notification to the environmental services department of such closure. Notification shall be made in writing and mailed. Any such request shall be valid from the date filed with the hazardous materials management permit office until the next July first. A renewal of request for such mailed notice shall be filed in writing on or before July first of each year in the manner specified above for such request to remain valid.

(Ord. No. 97-332, § 1, 1-5-98; Ord. No. 2002-O-287, § 1, 11-4-02)