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(a) Contents. The applicant shall certify under penalty of perjury to the Director that:
(1) If Section 22A.9 is applicable, the applicant has received certification or verification from the appropriate State or federal agency that mitigation is complete.
(2) If Section 22A.10 is applicable:
(A) A Qualified Person has determined in the site mitigation report that no hazardous substance levels in the soil and/or groundwater are causing or are likely to cause significant environmental or public health and safety risks as set forth in Section 22A.8(c), and the Qualified Person recommends no mitigation measures; or
(B) The applicant has performed all mitigation measures recommended in the site mitigation report, and has verified that mitigation is complete by conducting follow-up soil and/or groundwater sampling and analysis, if recommended in the site mitigation report.
(b) Applicant Declarations. The certification shall state:
"The Applicant recognizes that it has a nondelegable duty to perform site mitigation; that it, and not the City, is responsible for site mitigation; that it, not the City, attests to and is responsible for the accuracy the representations made in the certification, and that it will continue to remain liable and responsible, to the extent such liability or responsibility is imposed by State and federal law, for its failure to perform the site mitigation."
(c) Following successful completion of the final report and certification, and if applicable, a deed restriction, the Director shall issue a letter of no further action.
(Added as Sec. 1229 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13, File No. 130369, App. 7/25/2013, Eff. 8/24/2013)