§ 94-98. Facility closure requirements.

(a)

Closure permit required. Any business that does or did store, handle, use, or produce regulated substances that proposes to abandon, replace or retrofit any storage system, or change the property status to a land use not regulated by this article shall be required to obtain a closure permit from the city.

(b)

Permit fees and information.

(1)

The city commission may establish, by resolution, a schedule of fees for the closure permit.

(2)

In addition to the completed closure permit application form, the following information shall be provided:

a.

A schedule of events to complete the closure to facilitate inspections and coordination with other agencies;

b.

The proposed disposition of all regulated substances and contaminated containers; and

c.

Certification by a registered professional engineer or professional geologist licensed in the state that any cleanup of discovered contamination will following technically acceptable methods that meet all local, state and federal rules and regulations and shall preclude leaching of unacceptable levels or residual regulated substances into the Floridan Aquifer. Certification may be waived if the applicant provides evidence that all of the following conditions apply to the subject land use or activity:

1.

The entire operation is maintained inside the building of the facility;

2.

The standard method of removing operation waste is not by septic tank, sewer mains, or floor drains;

3.

There is no evidence of spills permeating floors or the environs;

4.

There are no outstanding or past notices of violation from any regulatory agency concerned with hazardous, industrial, or domestic waste; and

5.

There is no evidence of past contamination in the public drinking water well or site specific monitoring wells if present.

(c)

Indemnification. A signed agreement must be provided with the permit application form to identify and hold the city harmless from any and all claims, liabilities, causes or action, or damages arising out of issuance of the permit. The city shall provide reasonable notice to the permittee of any claims.

(d)

Contamination. If contamination is found during site closure, the procedures described in section 94-93 shall be followed.

(e)

Closure inspection.

(1)

A closure inspection shall be performed by the city or its designee to ensure compliance with this article.

(2)

The inspection will need to coordinate at a time during closure that provides the best possible access to determine if any potential for groundwater, surface water, or soil contamination has occurred.

(3)

A written acknowledgment of the results of the inspection will be sent to the property owner within five working days of completion of closure activities when the site is not contaminated.

(Code 1988, § 26-5.8)