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(a) Any person or business who owns or operates any establishment or UST subject to the certificate of registration or permit requirements of this Article and the owner of the real property upon which the establishment or UST is located shall either obtain a valid certificate of registration or permit or file a closure plan in accordance with this Section.
(b) Except as otherwise provided in Subsections (e) and (f), the responsible party or parties shall close an establishment or UST in accordance with a closure plan filed with and approved by the Director of Health. The closure plan shall be designed at a minimum to meet the following objectives:
(1) Eliminate the need for further maintenance of the closed storage facility or establishment;
(2) Ensure that a threat to public health or safety or to the environment from residual hazardous materials in the UST or establishment or the release of hazardous materials from the UST or establishment is eliminated; and
(3) Ensure that the removal, disposal, neutralization, or reuse of the hazardous materials that were stored in or released from the UST or establishment is accomplished in an appropriate manner.
(c) The Director may promulgate regulations implementing the closure plan objectives specified in this Section and specifying additional requirements for closure plans that the Director determines are necessary for the protection of public health and safety and the environment.
(d) A person or business shall apply for approval to close such UST or establishment and pay all applicable fees not less than 30 days prior to the termination of the storage of hazardous materials at the UST or establishment.
(e) Notwithstanding Subsection (b), underground storage tanks shall be closed and sites remediated in conformity with all applicable requirements of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280), and implementing regulations of the State Water Resources Control Board and the Health Commission. For a nonresidential site included in the Underground Storage Tank Local Oversight Program (LOP) that requires a corrective action plan pursuant to State Water Resources Control Board regulations or Department guidelines or regulations, the responsible party shall submit to the Department, as part of a proposed corrective action plan, a Community Health and Safety Plan which addresses community health and safety issues reasonably expected to arise during assessment and remediation activities. A Community Health and Safety Plan shall meet the following objectives: assure a safe and healthy environment for the public; minimize hazards, accidents, off-site releases and community exposures due to site activities; and assure an appropriate level of community awareness. In the case of an underground storage tank located under the surface of any improved or unimproved public street, sidewalk, alley, court or other place dedicated for or subject to an easement for public access, the person that owns or operates the underground storage tank or the owner of the immediately adjacent real property shall be responsible for closure of the underground storage tank, with the exception of an underground storage tank installed solely for the benefit of the City and County of San Francisco.
(f) Notwithstanding Subsection (b), if the closure of any UST or establishment subject to regulation under this Article is within the jurisdiction of any federal or State agency, the Director of Health shall request the appropriate federal or State agency to determine closure requirements for the UST or establishment.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 348-92, App. 11/18/92; Ord. 399-97, App. 10/17/97)