The Commissioner shall develop and administer the Local Brownfield Cleanup Program and shall promulgate rules to effectuate the provisions of this chapter including, but not limited to, the following rules:
(a) Prescribing the form for an application to participate in the local brownfield cleanup program and establishing an application review process to ensure that only eligible local brownfield sites, as provided in Section 942.04 of this chapter, are accepted into the local brownfield cleanup program.
(b) Prescribing a local brownfield cleanup agreement, including a requirement that the enrollee pay for costs incurred by the City and an indemnification provision holding the City harmless from any claim, suit, action and cost arising out or resulting from the fulfillment or attempted fulfillment of the agreement.
(c) Prescribing requirements for remedial investigation work plans, and such other reports and work plans as the Commissioner shall require, and providing mechanisms for the preparation, submission, review, approval, modification, and rejection of such reports and work plans.
(d) Providing adequate procedures to ensure that remedial action work plans and remedial actions are protective of public health and the environment, and consistent with the current, intended or reasonably anticipated residential, commercial, industrial or other end use of the local brownfield site. Cleanup standards and remedial selection criteria shall be consistent with standards and criteria applicable to the State brownfield cleanup program, including all applicable guidance documents.
(e) Prescribing procedures for citizen participation.
(f) Providing for access by the Commissioner or any person so authorized by the Commissioner (1) to any real property that has either submitted a request to participate in the local brownfield cleanup program, is enrolled in the local brownfield program, or has been issued a certificate of completion, for the purpose of ensuring that any applicant, enrollee, or recipient of a certificate of completion complies with the provisions of this chapter or rules promulgated pursuant thereto, including, but not limited to, providing access for the purpose of inspecting and taking samples of contaminants and/or environmental media, and for the purpose of inspecting the adequacy of site management activities; (2) to information relating to any applicant's or enrollee's current and past activities concerning contaminants; and (3) to documents relating to the current and past contamination of a local brownfield site.
(g) Prescribing mechanisms for the Commissioner to determine whether the remedial actions are complete and to issue documentation indicating that the remedial actions are complete, including through the issuance of a certificate of completion.
(h) Providing for the issuance of a clean property certification to those properties that have successfully completed the local brownfield cleanup program or other programs equivalent to the local brownfield cleanup program.
(i) Establishing procedures and enforcement mechanisms, including recording of the declaration of covenants and restrictions and notification to the Building Department and other appropriate departments and agencies of such declaration, to ensure that the owner of the local brownfield site or its successors or assigns continues in full force and effect all institutional and engineering controls required at the site in accordance with the local brownfield cleanup agreement, remedial action work plan, declaration of covenant and restrictions, site management plan, and any other applicable document or plan. The procedures shall include the process for notifying the public regarding compliance with institutional and engineering controls.
(j) Requiring notice to the Commissioner of any change of use at a local brownfield site and an opportunity for the office to prohibit such change of use for cause.
(Ord. 9912-2014. Passed 5-7-14.)