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The Director of Toledo Fire and Rescue Department or his/her designee may grant a variance to the requirements of this chapter if it is satisfactorily demonstrated that the requirements are inappropriate for any specific facility. In order to obtain a variance, the facility must petition the Director in writing, stating the basis for the requested variance and more appropriate alternative methods of regulation for such facility. Any person who wishes to contest a determination of the Director of Toledo Fire and Rescue Department or his/her designee, may appeal to the Board of Building Appeals as provided in Chapters 1315 and 1511 of the Toledo Municipal Code.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)
Each facility shall immediately report to the Toledo Fire and Rescue Department and Division of Environmental Services any information concerning any spill, leak, discharge or emission of any hazardous substance which is required to be reported to or filed with any federal or State agency under applicable law including but not limited to the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA and SARA.
The Division of Environmental Services must prepare a notice to the public summarizing all verified spills, leaks, discharges or emissions of any hazardous substance reported pursuant to this section including potential adverse health and environmental effects posed by the substance. Substances granted trade secret protections pursuant to Section 1513.09 herein shall be included in such notice by disclosing the chemical class or category of substance and the potential adverse health and environmental effects posed by the substance, including but not limited to the information required by Section 1513.04 herein.
The Division of Environmental Services must publish this notice on the City's website in a searchable database. The Division of Environmental Services must also cause this notice to be published in print at least one time in a local newspaper of general circulation. The facility shall be responsible for the cost of such print publication.
Non-compliance with this notification requirement will subject the facility to a fine not to exceed $1,000 per day.
(Ord. 349-22. Passed 9-13-22.)
In any case where a provision of this chapter is found to be in conflict with the provision of an existing chapter or code of the City the provision which establishes a higher standard for the promotion and protection of the health and safety of the public shall prevail.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)
(b) Whoever violates subsection (a) hereof shall be guilty of a misdemeanor of the first degree as defined by Toledo Municipal Code Section 501.99 and each day such violation occurs shall constitute a separate offense.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)