(a) A Division of Environmental Services within the Department of Public Utilities is established in the Department of Public Utilities under the authority of the Director of Public Utilities and supervision of a Commissioner of Field Operations. The Director shall appoint a Division Manager of Environmental Services with approval of the Mayor.
(b) All references in Title Five of Part Seventeen - Toledo Environmental Services Code to the Division of Pollution Control shall mean the Division of Environmental Services.
(c) The Manager of Environmental Services shall report to the Commissioner of Field Operations and perform the duties as may be prescribed by Commissioner or the Director of Public Utilities or imposed by reason of federal or state environmental law or ordinance of Council.
(d) The Manager of Environmental Services, in addition to any other powers vested by law, shall have the following powers and duties:
(1) Exercise general supervision over the Division of Environmental Services personnel and the enforcement of all laws pertaining to pollution control and environmental protection.
(2) Submit to Council, after consultation with the Commissioner of Field Operations and approval of the Director of Public Utilities and the Mayor, such proposed ordinances or amendments as may be necessary and proper to prevent or control pollution.
(3) Prepare long range plans for pollution control and environmental protection, and report annually through the Director of Public Utilities, to the Mayor and to Council on current progress.
(4) Advise, consult and cooperate with other local governmental agencies, the Federal Government, industries and with interested persons and groups.
(5) Attend public and private hearings relating to pollution control and environmental protection or matters dealing with the administration of the Toledo Environmental Services Code.
(6) Inventory and maintain current data on pollution control and the condition of the environment and conduct studies, inspections and research relative thereto.
(7) Investigate complaints and issue such orders as may be necessary to effectuate the purposes of the Toledo Environmental Services Code, including but not limited to, approval of equipment and/or installations, consent orders, orders of abatement, and enforce the same by all appropriate administrative and judicial proceedings.
(8) Conduct hearings as authorized by law, administer oaths, issue subpoenas for the attendance of witnesses, and make a record of the proceedings.
(9) Collect and disseminate information, conduct educational and training programs and encourage voluntary cooperation by persons or affected groups to achieve the purposes of the Toledo Environmental Services Code.
(10) Request, accept, receive and administer grants or other funds from public and private agencies in cooperation with the United States Environmental Protection Agency and the Ohio Environmental Protection Agency.
(11) Take such steps as are necessary to ensure that all confidential records and information are properly safeguarded.
(12) Accept delegation of authority from and cooperate with, and enter into agreements with public and private bodies on related matters of mutual concern.
(13) Function as the advisor to the Administration and Council on pollution control and environmental matters.
(e) The Manager of Environmental Services is authorized to prepare, make, amend, revise or rescind and to promulgate, after consultation with the Commissioner of Field Operations, and approval of the Director of Public Utilities and Mayor, such rules and regulations as are necessary and proper to effectuate the purposes of the Toledo Environmental Services Code, provided that such rules and regulations are consistent with the Charter, the Municipal Code, and applicable state or federal environmental laws. The Manager is also authorized to designate testing methods when a particular method is not specified by this Code, from among standard or widely recognized methods, including but not limited to, methods of the American Society for Testing and Materials, American Society of Mechanical Engineers, or authorities of the State or Federal Government.
(f) Rules and regulations and testing methods promulgated, amended, designated or rescinded in accord with subsection (e) of this section shall be effective thirty days after publication by the Manager of Environmental Services and the Director of Public Utilities in the Toledo City Journal; and copies thereof shall be provided for distribution to the public.
(Ord. 286-22. Passed 7-19-22.)