Notification, Facility Closure Plan, Clean-up, and Fee Requirements
Codified Ordinances of Cleveland § 396.03
in effect§ 396.03 Notification, Facility Closure Plan, Clean-up, and Fee Requirements
(a) No later than fifteen (15) days before closing or vacating a facility the owner, operator, or party in control of the facility shall submit to the Fire Chief a written notice that the facility will be closed or vacated, accompanied by a check or money order payable to the “City of Cleveland” for the sum of two hundred fifty dollars ($250.00). Copies of the notice shall also be submitted to the Director of Development, the Commissioner of Environment, and the Director of Building and Housing.
(b) The notice shall designate a contact person who works or resides in Cuyahoga County and who shall be available both before and after closing or vacating the facility, until the time that the property is transferred to another owner, operator, or party in control. The contact person shall provide access to the facility to City employees and agents to inspect the facility for the purpose of ascertaining compliance with this chapter. The contact person shall respond to requests for information regarding the facility exercising reasonable diligence; however, the designation of a contact person does not preclude a City employee or agent from requesting information from or making notifications directly to the owner, operator, party in control, or generator.
(c) The notice shall include the address and telephone number of the principal office or residence of the owner, as well as the operator or party in control, and the address and telephone number of the contact person.
(d) The notice shall include the date on which the facility proposes to close or be vacated and shall include any plans for transfer of the property to another owner, operator, or party in control, if known.
(e) A person or entity acquiring title to or control over any facility which is closed or vacant shall comply with the notice requirements of this section within fifteen (15) days after acquiring title or control and the facility closure plan requirements not later than thirty (30) days after acquiring title or control.
(f) Facility Closure Plan. Not less than thirty (30) days prior to closing or vacating a facility, the owner, operator, party in control, or generator shall submit to the Fire Chief for review and approval, if appropriate, a facility closure plan. The plan shall meet the following requirements:
(1) Demonstrates that the hazardous substances that are stored, dispensed, handled or used in the facility will be removed, transported, treated, or disposed of in a manner that complies with the provisions of Title XI – Fire Prevention Code of the Codified Ordinances (“this Fire Code”), including permit requirements for removal.
(2) Demonstrates that the methods for removal, transport, treatment and disposal will meet Federal and State law requirements, and will eliminate the need for further maintenance and any threat to public health or safety.
(3) Contains a description that sets forth the procedure for cleaning equipment, removing contaminated soil, sampling and analysis methods for soils, and criteria for determining the extent of decontamination required to meet the requirements of Federal and State law and this Fire Code.
(4) Contains a compliance schedule and a timetable to achieve full compliance with the provisions of this Fire Code.
Whenever a change in an operation or design occurs that will affect the closure or time frame for closure, then the owner, operator, person in control, or generator must first submit a written request for a change in the plan that must include a copy of an amended closure plan. The request for modification and amended closure plan shall be submitted thirty (30) days prior to any date in the original plan that will be affected by the modification. An amended plan must be approved by the Fire Chief.
(g) Every owner, operator, or party in control of a closed or vacated facility shall treat, remove, or dispose of all hazardous substances at the regulated facility in accordance with Federal and State law and this Fire Code within sixty (60) days of closing or vacating the facility unless another timetable is provided in a facility closure plan approved by the Fire Chief.
(h) In addition to any other remedy under this chapter, the Fire Chief may issue abatement orders to the owner, operator, person in charge, or generator to remedy any hazardous or dangerous condition, or orders to conduct the necessary tests to determine the sources of hazardous substances, within the time limit stated in such order, when necessary to prevent any threat to the public health or safety from the hazardous substances at the facility, including for failure to submit a facility closure plan in accordance with division (f) above.
(Ord. No. 987-2024. Passed 10-7-24, eff. 10-10-24)
Note: Pursuant to Section 11 of Ord. No. 1226-2025, any references to the Department of Economic Development (and, by extension, the Director of Economic Development) shall be amended to read the Department of Development (and, by extension, the Director of Development).
Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-19068Fetched: 11/1/2026