Division 9 — REMEDIAL ACTION

A permit may be subjected to remedial action for any of the following causes, arising from the acts or omissions of the permittee, either before or after a permit is issued:

(1)

Fraud, willful misrepresentation, or any willful inaccurate or false statements in applying for a new or renewed permit;

(2)

Fraud, willful misrepresentation, or any willful inaccurate or false statement in any report required by this article;

(3)

Failure to abate, correct or rectify any noncompliance within the time specified in the notice of noncompliance;

(4)

Failure to correct conditions constituting an unreasonable risk of an unauthorized discharge of hazardous materials within a reasonable time after notice from a governmental entity other than the Enforcing Officer;

(5)

Failure to abide by the remedial action imposed by the Enforcing Officer.

(Code 1968, § 35.100.005)

Unless the Enforcing Officer finds that an immediate suspension under section 13.20.820 is necessary to protect the public health or safety from imminent danger, the Officer shall issue a notice of noncompliance:

(1)

For failure to comply with the provisions of this article, any permit conditions or any provisions of the hazardous materials management plan; or

(2)

Before instituting remedial action pursuant to section 13.20.805(4), such notice shall be sent by certified mail to permittee. If the noncompliance is not abated, corrected, or rectified within the time specified, remedial action may be taken.

(Code 1968, § 35.100.010)

A notice of hearing shall be given to the permittee by the Enforcing Officer, in writing, setting forth the time and place of the hearing, the ground or grounds upon which the remedial action is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be given at least fifteen (15) days prior to the hearing date.

(Code 1968, § 35.100.015)

Whenever the Enforcing Officer finds that suspension of a permit prior to a hearing for remedial action is necessary to protect the public health or safety from imminent danger, the Enforcing Officer may immediately suspend any permit pending the hearing for remedial action. The Enforcing Officer shall immediately notify the permittee of such suspension by having a written notice of the suspension personally served on the permittee. The permittee shall have the opportunity for a preliminary hearing with regard to such prehearing suspension within three (3) working days of receiving written notice of such suspension.

(Code 1968, § 35.100.020)

(a)

If the Enforcing Officer, after the hearing, finds that cause exists for remedial action, the Enforcing Officer shall impose one (1) or more of the following:

(1)

A warning;

(2)

An order to correct the particular noncompliance specified in the notice issued pursuant to section 13.20.810;

(3)

A revocation of the permit for the facility or for a storage facility and approval of a provisional permit;

(4)

Suspension of the permit for the facility or for a storage facility for a specified period not to exceed six (6) months;

(5)

Modification or addition of conditions of the permit;

(6)

Revocation of the permit with no reapplication permitted for a specified period not to exceed five (5) years.

(b)

If the grounds for remedial action are based on section 13.20.805(3), (4) or (5), and if such grounds are limited to one (1) storage facility, the remedial action taken shall be limited to that storage facility.

(Code 1968, § 35.100.025)

Within ten (10) days of the hearing, the Enforcing Officer shall render a written opinion, stating the findings upon which the decision is based and the action taken, if any. The decision of the Enforcing Officer shall be subject to review under the procedures set forth in sections 7.01.065 through 7.01.069, with the Enforcing Officer substituted for the Building Official.

(Code 1968, § 35.100.030)

The suspension, revocation or expiration of a permit issued under this article shall not prevent any proceedings to investigate such permit, any remedial action against such permittee or any proceeding against such permittee.

(Code 1968, § 35.100.035)

In the event that a permit issued under the provisions of this article is suspended or revoked, the permittee shall forward it to the issuing officer not later than the end of the third business day after notification of such suspension or revocation.

(Code 1968, § 35.100.040)

Secs. 13.20.845—13.20.875. - Reserved.