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A. Any person or business, which has previously been required to submit a Hazardous Material Business Plan, shall obtain a permit and submit a closure work plan to the CUPA at least thirty days prior to the closure, relocation, sale or exchange of the business and/or the real property on which the business is located. The closure work plan shall be approved by the CUPA before the removal of hazardous or potentially hazardous materials or hazardous wastes from property prior to implementation.

B. The closure work plan shall describe procedures for terminating the storage of hazardous materials and/or hazardous wastes in each storage facility in a manner that:

1. Eliminates or minimizes the need for further maintenance;

2. Eliminates or minimizes any threat to public health, safety and the environment from residual hazardous materials or hazardous wastes in the facility; and

3. Demonstrates that the hazardous materials and/or hazardous wastes that were stored in the facility will be removed, disposed, neutralized, or reused in an appropriate manner.

C. If underground storage tanks are also being closed, a separate tank closure permit must be obtained from the CUPA and must be referenced in the overall closure plan.

D. The closure work plan shall include:

1. A completed closure form;

2. A current inventory statement and site maps. The Business Plan may be used to satisfy this requirement;

3. A description of the work to be performed to properly clean, inspect, sample and close the facility. Sampling shall include provisions for independent, third party analysis conducted by a professional geologist, civil engineer, engineering geologist, chemical engineer, laboratory registered or certified by the state of California, or other such professional as accepted by the CUPA, at the expense of the business owner;

4. A description of disposal/handling methods for all hazardous materials and hazardous wastes.

E. A closure report must be submitted to the CUPA within thirty days of completion of work outlined in the closure work plan. The closure report shall document:

1. A description of the actions actually taken to close the facility;

2. Manifests or other documents detailing the removal, disposal, or neutralization of the hazardous materials and/or hazardous wastes;

3. Sampling results and interpretation of the results;

4. Cleanup levels for soils and groundwater affected by an unauthorized release must be based on a risk assessment or another approved method. The person or business must recommend target cleanup levels for long-term corrective action to the CUPA for approval. The person or business must demonstrate to the CUPA that any proposed corrective action will achieve current cleanup goals and will not produce any further degradation to the environment.

F. If any business closes or relocates without submitting and implementing a closure plan, in addition to any administrative, civil or criminal penalties, the property owner shall be required to prepare and implement a closure plan prior to reoccupying the site in any manner, either by owner or any other tenant.

G. The CUPA may require a bond or other financial instrument to secure the performance of the work plan.

(Ord. 2062 NCS §1 (part), 1997.)