§ 8.42.110. Closure and redemption.

A.

It shall be unlawful for any person to abandon, remove, or close a unit or facility, or other area regulated by this Chapter until a closure plan has been submitted to the Administrator and determined by the Administrator to be complete and satisfactory. The Administrator may charge a fee or fees for reviewing and processing the closure plan, and for overseeing closure, in accordance with the provisions of this Chapter.

B.

Closure shall be accomplished by complying with the following requirements:

1.

A closure plan shall be submitted by a responsible person (handler and/or owner) to the Administrator at least thirty (30) days prior to the date scheduled for closure of the storage unit or facility. The closure plan shall demonstrate to the satisfaction of the Administrator that regulated hazardous materials and wastes, that are or have been handled or released in the storage unit or facility, will be transported, disposed of or reused in a manner that protects public health and safety and the environment; that any residual contamination and/or material will be removed before closure is complete; and that closure process will be accomplished in compliance with the unified program requirements.

2.

The Administrator shall notify the applicant that the closure plan is complete and has been accepted, or shall notify the applicant of any deficiencies in the closure plan that must be corrected prior to closure.

3.

Each unit or facility scheduled for closure shall be subject to inspection before and after closure by the Administrator or his/her designee, to confirm that closure will be undertaken or was undertaken, as the case may be, in conformity with the closure plan accepted by the Administrator, and that any contamination has been removed.

4.

If contamination at the facility cannot be removed prior to closure, then the closure plan shall include a specific plan detailing the plan to assess, monitor and remove any contamination, and a binding commitment by the handler to clean up such contamination in accordance with the accepted closure plan and the time lines determined by the Administrator. The Administrator may accept a plan under this subdivision only upon a finding that the plan provides adequate protection of public health and safety and the environment and is in compliance with the requirements of the unified program and this Chapter.

C.

The handler, its employees, and authorized representative, upon discovery, shall immediately report any release or threatened release of a hazardous material or waste by calling "911." Releases required to be reported under this subsection shall include, but shall not be limited to, all releases that the handler is required to report to any agency under any law governing the handling of hazardous materials or wastes. The requirement of this subsection is in addition to any other requirements to report releases; and compliance with this subsection does not constitute compliance with any other such requirements.

D.

The handler and any person responsible for handling a hazardous material or waste subject to this Chapter shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether such release is sudden or gradual. This subsection shall not affect any rights of the responsible party or third parties to recover appropriate costs and expenditures from any party.

E.

All or any part of any real property, or any building or structure located thereon, at which contamination from hazardous materials or wastes is found, which contamination is not being managed in compliance with the provisions of this section, is declared a public nuisance and may be abated by rehabilitation, removal, demolition, or repair under procedures and standards provided in this Chapter (including provisions incorporated by reference in Sections 8.42.030 and 8.42.040.) Whenever the city determines that property in the city constitutes a nuisance as provided in this section and that abatement of such nuisance is required, the city shall provide written notice to abate to the owner and any handler who holds a permit under this Chapter to handle hazardous materials or wastes at the site.

1.

The notice shall state the property, street address of the subject property, and shall be served on the owner and the handler that holds a permit issued under this Chapter either personally or by first class mail, postage prepaid.

2.

The notice shall advise the owner and the handler of the deadline to take corrective action to remedy the nuisance.

3.

The notice shall specify the corrective action required. When the exact nature and extent of contamination cannot be determined based on information available at the time the notice is served, the notice may require the owner and the handler to undertake measures to identify and characterize the contamination by performing an analysis of samples of such contamination, and present the results of such analysis to the Administrator with a plan for corrective action.

(Ord. 12057 § 1 (part), 1998)