An “inactive operation” is either (1) an unoccupied facility in which there is one or more regulated substances; and/or, (2) a facility which had an activity that involved a regulated substance which activity has been discontinued for thirty consecutive days. Those who own or control such an inactive operation shall do the following:
(a) Immediately upon the operation becoming inactive, take the steps necessary to secure the site such that vandals and all other persons cannot gain access to the regulated substance(s);
(b) Within ten days of becoming an inactive operation, provide to the Director a document that identifies the site, the date it became an inactive operation, the reason it qualifies as an inactive operation, the regulated substances that exist on-site, and the name, address, and telephone number of both the owner and the person in control of the site; and
(c) Unless otherwise approved by the Director, within thirty days of the operation becoming an inactive operation, remove all regulated substances from the site; this does not include those substances used for heating, cooling, or electrical lighting of the structure if the structure can still be legally occupied.
(d) Notwithstanding the foregoing, if the regulated substance is, in the determination of the Director, a significant threat to the health, safety, and/or welfare of the general public, whether based upon the characteristics of the regulated substance itself, or the manner of containment, or the potential for unauthorized release, or a combination of any one or more, the Director may require the removal of the regulated substance in a lesser time, up to and including immediately.
(e) The owner or other person in charge of the facility or activity may appeal the time required to remove a regulated substance in accordance with Section 1041.13.
(Ord. 12-2. Passed 6-19-12.)