(1) For purposes of this section, the term "facility" shall mean any commercial establishment that provides motor vehicle refueling or oil changes on a retail basis, if one or more underground tanks are located on-site or used in conjunction with operations conducted on-site.
(2) Each facility in the city must provide notification, as set forth in this section, to the department of health. There shall be no fee to provide notification or to update a notification. Such notification shall be on forms provided by the department of health, and shall include the following information:
(a) Site information: Name, address, telephone number, fax number.
(b) Owner information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.
(c) Operator information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.
(d) Current office of the state fire marshal certification number (green sticker) and facility information number, number and size of underground tanks on site, status of such underground tanks (e.g., active, out-of-service, if out-of-service, date taken out), products stored in such underground tanks.
(e) Such other information as the commissioner of health may require.
A notification must be provided to the department of health by January 1 of each year. Such annual notification shall be required even if no changes have occurred since the submission of the previous notification. An updated notification must be provided in the event that any information on a notification form on file with the department of health becomes inaccurate or incomplete in any respect at any time during the year, within 30 days of the change in status. Such changes in status include, but are not limited to, changes in ownership, changes in operator and the temporary or permanent termination of operations at a facility.
(3) Any person owning and/or operating a facility in violation of any provision of this section shall be personally subject to a fine not to exceed $500.00 for each violation, plus court costs and reasonable attorney's fees. Each day that a violation continues shall constitute a separate and distinct offense.
(4) In the event that the city is unable to contact an owner or operator of a facility using information provided on a notification form, or as a result of an owner's or operator's failure to provide notification or update a notification, the facility shall be presumed to be abandoned, and the department of health may, after reasonable efforts to contact the owner or operator, arrange for the closure of the facility, and the abatement of any public nuisances associated with the facility, in accordance with applicable law. Costs incurred by the city in conjunction with such closure and abatement shall be a lien on the property as provided by law. In addition, the owner and operator of the facility shall be jointly and severally liable for costs in an amount up to three times the city's costs of closure and abatement, plus court costs and reasonable attorney's fees. Such fines shall be in addition to any other costs and penalties provided herein.
(Added Coun. J. 10-7-98, p. 78728, § 1; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)