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(a) No person or entity shall establish, conduct, operate, maintain or modify a construction and/or demolition debris disposal facility within the City of Toledo without a license issued for that purpose by the Toledo Health Director, or his/her representative, pursuant to Revised Code Chapter 3714, the Ohio Administrative Code regulations enacted in furtherance thereto; as well as the provisions of this chapter.
(b) The standards for licensing, regulating, inspecting, monitoring, operating and/or maintaining a construction and/or demolition debris disposal facility shall be as provided by Revised Code Chapter 3714, the OAC regulations adopted in furtherance thereof, and this chapter; as well as regulations or procedures established by the Director of the Toledo Health Department, or his/her designated representative.
(Ord. 432-97. Passed 6-24-97.)
(a) Application for a license to establish, conduct, operate, maintain or modify a construction and/or demolition debris facility shall be submitted to the Director of the Toledo Health Department, or his/her designated representative, on the form designated by Revised Code Chapter 3714 and the OAC regulations adopted in furtherance thereof, as well as pursuant to this chapter.
(b) The applicant, application, and the site or facility to be licensed or licensed pursuant to this chapter must comply with the provisions in R.C. Chapter 3714, the OAC regulations adopted in furtherance thereto, and the dictates of this chapter. The applicant shall be the owner or CEO of the site-facility to be licensed and shall provide one original and eight copies of the application, inclusive of all items and exhibits attached thereto, to the Toledo Health Director.
(c) Copies of the application, inclusive of all items and exhibits attached thereto, provided by the applicant shall be submitted by the Director of the Toledo Health Department, or his/her designated representative, to the following entities for their review and recommendation:
(1) Fire Department
(2) Transportation Division
(3) Solid Waste Division
(4) Inspection (Bldg) Division
(5) Environmental Services Division
(6) Toledo City Plan Commission
(d) The review and recommendation by the above-listed entities shall be in reference and pursuant to Revised Code Chapter 3714, the OAC regulations enacted in furtherance thereto, and this chapter, as well as the respective mandates, mission and regulations of the above-listed entities; inclusive of protecting the health, safety and well-being of the community and the environment. The recommendation, approving or rejecting the application must be provided, by each of the above-listed entities, within forty-five (45) days from the date the application is submitted to each entity by the Toledo Health Department.
(e) The Director of the Toledo Health Department may not issue the license unless the applicant has paid the license application fee pursuant to R.C. § 3714.07, each of the entities listed in (c) above has recommended approval of the license, the application is in compliance with Revised Code Chapter 3714, as well as the Ohio Administrative Code regulations enacted in furtherance thereof, and issuance of the license is in the best interest of the community and the environment.
(f) A license issued pursuant to this chapter may be issued with such terms and conditions as the Director of Health, or his/her designated representative, finds appropriate and necessary to ensure that the facility complies with Revised Code Chapter 3714, OAC regulations enacted in furtherance thereof and the provisions of this chapter.
(Ord. 432-97. Passed 6-24-97.)
(a) A license issued pursuant to this chapter expires on the thirty-first day of December. Application to renew shall be submitted by the applicant ninety (90) days before the expiration date.
(b) A licensee may apply to modify a license issued pursuant to this chapter. Modification of a license shall be processed as a new license application (See T.M.C. § 1713.04) minus the fee.
(c) A license may be transferred to a new owner or CEO of the licensed site-facility upon review and approval by the Director of Health, or his/her designated representative, of a written request for transfer of the license. A license shall not transfer from one site facility to another.
(Ord. 432-97. Passed 6-24-97.)
(a) A license issued pursuant to this chapter may be suspended by the Director of Health, or his/or designated representative, for:
(1) Failure to comply with R.C. Chapter 3714 or the OAC regulations enacted in furtherance thereof;
(2) Failure to abide by the plans submitted and approved for licensure;
(3) Refusal to allow inspections of the site-facility;
(4) Failure to abate public nuisance at the site-facility; or
(5) Any reason that jeopardizes, threatens or adversely impacts on the safety, health and/or well-being of the community or environment.
(b) A license issued pursuant to this chapter may be revoked by the Director of Health, or his/her designated representative, for any of the reasons listed in (a) above after licensee has failed or refused to make the corrections noted in a written notice-order within the time period provided in the notice-order to correct.
(Ord. 432-97. Passed 6-24-97.)
Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree. Each day's violation shall constitute a separate offense. Failure or refusal to abide or comply with any order issued pursuant to this chapter is a violation of this chapter. The City may, in addition to the penalty hereinabove set forth, maintain any proper action for abatement of a nuisance condition at the site-facility.
(Ord. 432-97. Passed 6-24-97.)