940.09 FACILITY CLOSURE.
(a) Facility Closure. This section applies to any nonresidential Facility subject to regulation under this chapter that becomes unoccupied or where operations are permanently discontinued for a period greater than ninety (90) consecutive days any time after the effective date of this chapter. Facility Operators subject to compliance with any federal, state, or local facility closure program addressing the storage or handling of Regulated Substances at a closing facility are exempt from the requirements in this Section except for compliance with Section 940.09
(c).
(b) Removal of All Regulated Substances. Except in the case of seasonal discontinuation of operation, the Facility Operator must remove all Regulated Substances other than those used exclusively for heating, cooling, and providing electrical lighting for the premises from the property no later than ninety (90) days after the date the property initially became unoccupied or operation was permanently discontinued.
(c) Closure Notice. Any Facility Operator permanently discontinuing operation of a Facility subject to regulation under this Chapter must submit an amended Facility registration to the Director of Public Utilities or Designee in accordance with Section 940.07
(g). The amended Facility registration shall include the date on which operations will or have ceased; the current operator’s new phone number and address; and the fate of Regulated Substances stored or otherwise used on site. Any Facility Operator required to submit a closure notification under any federal, state, or local closure program may copy the Director of Public Utilities or Designee on that notification in lieu of submitting an amended Facility registration.
(d) Facility Security. Upon permanent closure of a facility, the Facility Operator must take reasonable steps to secure all Regulated Substance storage units or Regulated Substance storage areas against vandalism. Compliance with Sections 940.13
(b) through 940.13
(d) and maintenance of all security measures implemented in accordance with this section are required until all Regulated Substances are removed from the site.
(Ord. 98-10-103. Passed 10-14-98.)