(a) (1) For purposes of this section, the term a "Facility" shall mean any commercial establishment that provides or was used to provide 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) "Owner" shall be defined the same as in Section 1726.01(b).
(3) "Operator" and "Operating" shall be defined the same as in Section 1726.01(b).
(b) On or before January 1, 2001 and on or before January 1st each year thereafter each facility owner or operator shall provide the notification of operation, as set forth in this section to the Division of Environmental Services. Such notification shall be on forms provided by the Division of Environmental Services and shall include the following information:
(1) Site Information: Name, address, telephone number, fax number.
(2) Owner Information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.
(3) Operator Information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.
(4) Current Office of the State Fire Marshal Certification Number and Facility Identification 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.
(5) Such other information as the Manager of the Division of Environmental Services may require.
(c) If during any year the information forwarded to the Division of Environmental Services pursuant to this Section becomes inaccurate or incomplete, the person, firm or corporation forwarding the information shall notify the Division of Environmental Services within thirty (30) days of the change of information or change in status of the facility. 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.
(d) The annual notification required pursuant to Subsection (b) shall be accompanied by a fee of $100.00 to cover the cost of inspecting the facility and monitoring compliance with this Section.
(e) If a Facility is no longer in operation or in the event that the Manager of the Division of Environmental Services 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 an update notification, the Facility shall be declared to be abandoned and a public nuisance. The Manager of the Division of Environmental Services shall order the owner or operator to place the Facility in operation as a retail refueling and oil change establishment, adapt and use the building for another permitted business use, or raze the service station structure, remove the pump and signs and remove or replace the underground storage tanks pursuant to Section 1775.17 within thirty (30) days. Upon the failure of the owner or operator to comply with the order of the Manager of the Division of Environmental Services, the City of Toledo may, in addition to the other remedies provided for in Chapter 1775, secure or remove any Facility and abate any nuisance. The owner or operator shall be assessed the costs of any action taken by the City of Toledo pursuant to Revised Code Section 715.261.
1. The Manager of the Division of Environmental Services shall notify the Division of Building Inspection and the Fire Prevention Bureau of any Facility closed or removed pursuant to this section.
(f) The Commissioner of Building Inspection in addition to the authority granted to him or her pursuant to Chapter 1319 shall advise the Manager of the Division of Environmental Services of any violation of the Building Code involving a Facility.
(Ord. 913-00. Passed 10-24-00; Ord. 851-02. Passed 12-17-02)