(a) (1) For purposes of this Section, the term "owner" shall be defined the same as in Section 1726.01(b).
(2) For purposes of this Section, the term "operator" shall be defined the same as in Section 1726.01(b).
(b) The Owner or Operators (O/O's) of underground storage tanks (UST's) not in compliance with the December 22, 1998 upgrade requirements of the Ohio Department of Commerce, Fire Marshall Division, Bureau of Underground Storage Tanks Regulations (BUSTR) Section 1301:7-9-06 or leaking UST's are determined to be substandard for use in the City of Toledo, Ohio. These substandard, noncompliant and leaking UST's are classified as temporarily closed on the effective date of this ordinance.
(c) The Manager of the Division of Environmental Services shall locate and inspect substandard and noncompliant UST's. The Manager of the Division of Environmental Services shall issue an order to the owners or operators of substandard and noncompliant UST's to close such UST's. The Manager of the Division of Environmental Services shall place a Red Tag on the inlet pipe of any UST found to be substandard or noncompliant. The Manager of the Division of Environmental Services shall notify BUSTR of all substandard and noncompliant UST's.
(d) The owner or operator of a closed UST shall transfer the product in the UST to another storage vessel in compliance with all federal, state and local regulators.
(e) The owner or operator of a Red Tagged UST shall within six months of the order of closure issued by the Manager of the Division of Environmental Services:
(1) Upgrade or replace the UST in compliance with BUSTR regulations Section 1301:7-9-06;
(2) Remove the Red Tagged UST from the ground;
(3) The owner or operator of a Red Tagged UST shall send an action notice to the Division of Environmental Services 30 days prior to the upgrade, removal or remediation of the UST.
(Ord. 913-00. Passed 10-24-00; Ord. 851-02. Passed 12-17-02)