HomeMy WebLinkAboutOrdinance-1990-0852
TN~RonUCED BY COUNCILMEMBER
BROUGHAM
Ordinance No. 852
series of 1990
TITLE:
FOR AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY
OF WHEAT RIDGE BY ADDING A NEW ARTICLE III OF CHAPTER 9,
ENTITLED "REGULATION OF PRODUCTS CONTAINING OZONE
DEPLETING COMPOUNDS" GOVERNING THE MANUFACTURE,
DISTRIBUTION, SALE AND RECYCLING OF PRODUCTS WHICH
UTILIZE OZONE-DEPLETING COMPOUNDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
WHEREAS, available scientific evidence indicates that
chlorofluorocarbons, halons, and certain other compounds, when
discharged into the atmosphere, deplete the earth I s protective
ozone layer, allowing increased amounts of ultraviolet radiation
to penetrate the earth's atmosphere, thereby posing a long-term
danger to human health, life and the environment by increasing such
harms as skin cancers, cataracts, suppression of the immune system,
damage to crops and to aquatic life, and related harms; and
WHEREAS, the release of halons in testing fire extinguishing
systems is a primary source of the release of halons into the
earth's atmosphere; and
WHEREAS, chlorofluorcarbons are widely used in refrigeration
and air conditioning systems; and
WHEREAS, the recapturing and recycling of chlorofluorocarbons
for auto air conditioning units could eliminate approximately 20%
of all chloroflurocarbons used in the united States; and
WHEREAS, the Montreal Protocol on Substances that deplete the
Ozone Layer (an international pact) which was ratified by the
united States on April 21, 1988, and which became effective January
1, 1989, calls for reductions in the production of halon at 1986
levels beginning January 1, 1992; and
WHEREAS, in light of the current and future limitations on the
production of chlorofluorocarbons both nationally and
internationally, the development and utilization of environmentally
safe alternatives to chlorofluorocarbons at this time will create
a competitive advantage to those businesses electing to utilize
such alternatives prior to the effective date of any comprehensive
international, federal or state regulations banning the use of
chlorofluorocarbons and halons; and
WHEREAS, the release of chlorofluorocarbons and halons into
the atmosphere is a global danger to the environment, thus any
reduction in the release of said materials within the city of Wheat
Ridge will reduce this global danger and will result in a benefit
to the overall health and safety of the public inside and outside
the city of Wheat Ridge; and
WHEREAS, recent discoveries have shown that the reductions in
chlorofluorocarbons and halon levels set forth in the Montreal
Protocol are insufficient to remedy the global health and safety
risk created from the release of chlorofluorocarbons and halons;
and
WHEREAS, the city of Wheat Ridge encourages the research and
development of environmentally safe alternative technologies and
products to replace the use of chlorofluorocarbons and halons; and
WHEREAS, the city of Wheat Ridge supports the adoption of
international, national and state bans on the use of
chlorofluorocarbons; however, until such bans have been adopted by
the appropriate agencies, responsible actions on the part of the
city of Wheat Ridge is necessary to reduce chlorofluorocarbons and
halon use in order to promote the long-term health, safety and
welfare of the general public, and the environment; and
WHEREAS, to protect the environment, and thereby the health,
safety and welfare of its citizens, the City of Wheat Ridge herein,
by this ordinance, intends to prohibit the manufacture, sale and
distribution of certain products made of or with an ozone-depleting
compound and to significantly reduce the release of such compounds
into the earth's atmosphere.
Section 1. Chapter 9 of the Municipal Code of the Laws of the
City of Wheat Ridge shall be and is hereby amended by the addition
of a new Article III, to read as follows:
ARTICLE III
"REGULATION OF PRODUCTS CONTAINING OZONE DEPLETING COMPOUNDS"
section 9-30. Administration and Enforcement.
(a) The City Administrator, or his designee, shall establish
such rules and regulations as are reasonable and necessary to
enforce the provisions of this Article III, and shall submit the
same to the city Council for adoption.
(b) Before adopting any rule or regulation pursuant to this
Article, the city Council shall:
(1) provide public notice of the proposed rule or
regulation and of the time and place of the public hearing thereon;
and
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(2) hold a public hearing on the proposed rule or
regulation at the time and place stated in the public notice; and
(c) The city Administrator or his designee shall oversee and
be responsible for:
(1) The enforcement and administration of this article;
(2) Providing informational assistance to persons
seeking to implement a recycling program from ozone-depleting
compounds used in air conditioning and refrigeration systems;
(3) creating and implementing an educational program to
provide information to local establishments, industry and residents
regarding the dangers and hazards associated with products made
from or utilizing ozone-depleting compounds;
(4) Consulting and cooperating with other local, state
and federal governmental agencies regarding the regulation of
ozone-depleting compounds and other matters affecting the
environment and the health, safety and general welfare of the
public;
(5) Coordinating and consulting with
districts, agencies and departments operating or
the City of Wheat Ridge to facilitate the
application and enforcement of this article.
other special
existing within
administration,
(d) The city Council may, in its discretion, establish a
Science Advisory Committee for the purpose of assisting and
providing information concerning the effects of ozone-depleting
compounds and other matters regarding this article. This Committee
may be jointly established both with other cities and counties
which have adopted ordinances regulating ozone-depleting compounds
and with special districts or agencies providing services within
Wheat Ridge.
section 9-31. Definitions. As used in this Article, unless
the context otherwise requires:
(1) "Approved motor vehicle refrigerant recycling equipment"
shall mean equipment models which have been certified by
Underwriters Laboratories to meet the Society of Automotive
Engineers (SAE) standard for the extraction and reclamation of
refrigerant from motor vehicle air conditioners (SAE standard J-
1991) .
(2) "Food packaging" shall mean any bag, sack, wrapping,
container, bowl, plate, tray, carton, cup, glass, straw or lid, but
shall specifically exclude knives, forks and spoons.
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(3) "Ozone-depleting compound" shall mean those substances
identified by the Federal Environmental Protection Agency as
contributing to depletion of the stratospheric ozone layer. Those
substances currently identified are: CFC-l1
(trichloromonofluoromethane), CFC-12 (dichlorodifluoromethane),
CFC-113 (trichlorotrifluoroethane), CFC-114
(dichlorotetrafluorethane), CFC-115 (chloropentafluoroethane),
Halon-1211 (bromochlorodifluoromethane) , Halon-1301
(bromotrifluoromethane), Halone-2402 (dibromotetrafluoroethane),
Methyl chloroform, and Carbon tetrachloride.
(4) "Refrigerant" shall mean CFC-l1 (trichloromono-
fluoromethane), CFC-12 (dichlorodifluoromethane, also known as
chlorofluorocarbon-12 or R-12), or any substitute refrigerant used
in motor vehicle air conditioning equipment, refrigerators, air
conditioners, or refrigeration systems, which contains an ozone-
depleting compound.
(5) "Major refrigeration system" shall mean refrigerators,
freezers, cold storage warehouse refrigeration systems, and air
conditioners which hold more than one hundred pounds of refrigerant
or more than one hundred pounds total if more than one
refrigerating unit or system exists at the same location.
(6) "Science Advisory Committee" shall mean the committee
created pursuant to section 9-30(d).
section 2. Effective January 1, 1991, the Code of Laws shall
be and is hereby amended by the addition of new sections 9-32
through 9-37 to read as follows:
section 9-32. Motor vehicle air conditioners.
(a) No person who owns or operates a facility which installs,
services, repairs or disposes of motor vehicle air conditioners
shall allow: (1) any service involving the release or recharge of
refrigerant on a motor vehicle air conditioner to be performed
wi thout properly using approved motor vehicle refrigerant recycling
equipment; and (2) the intentional venting or avoidable release of
refrigerants from a motor vehicle air conditioner.
(b) No person who owns or operates a facility which accepts
motor vehicles for dismantling, scrap metal, or permanent disposal,
shall allow: (1) a motor vehicle to be dismantled, sold as scrap
meta 1, or permanently disposed of unless any air conditioner
refrigerant has first been recovered by using approved motor
vehicle refrigerant recycling equipment; or (2) the intentional
venting or avoidable release of refrigerants from a motor vehicle
air conditioner.
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(c) All sales of refrigerant capable of being used to charge
a motor vehicle air conditioner shall be prohibited except in
containers with a capacity of at least 15 pounds.
section 9-33. Malor refriqeration systems.
(a) No person who owns or operates a facility which installs,
services, repairs or disposes of major refrigeration systems shall
allow: (1) the installation, service, repair or disposal of a major
refrigeration system in a manner involving the release or recharge
of refrigerant without using refrigerant reuse or recycling
equipment; or (2) the intentional venting or avoidable release or
refrigerants from a major refrigeration system.
(b) No person who owns or operates a retail store, cold
storage warehouse, or commercial or industrial building shall allow
the intentional venting or avoidable release of any refrigerant
from a major refrigeration system without recapturing and recycling
such refrigerant. The provisions of this subsection (b) shall
apply to any alteration, renovation or demolition of the building
or structure which contains the major refrigeration system.
(c) Recovered refrigerant which cannot be reused or recycled
shall be destroyed by a method which does not allow the release or
escape of any ozone-depleting compound into the atmosphere.
(d) If the council, with the advice of the Service Advisory
Committee, determines that the substantive provisions of the
regulations promulgated by the Colorado Air Quality Control
Commission pursuant to Section 25-7-105(11), C.R.S., are sufficient
to implement this section, the Council shall cause its rules and
regulations to be amended to conform, to the extent possible, to
those adopted by the Colorado Air Quality Control Commission
pursuant to section 25-7-105(11), C.R.S.
Section 9-34. Refriqerators and portable air conditioninq
units.
(a) Any person that manufactures, repairs, services or
maintains a refrigerator or air conditioning unit shall adopt and
implement a reuse or recycling system whereby any ozone-depleting
compound used as a coolant in such refrigerator or air conditioning
unit shall not be released into the environment, but will be
recaptured and reused or recycled.
(b) No person who owns or operates a facility which accepts
refrigerators or air conditioning units for dismantling, scrap
metal or permanent disposal shall allow: (1) a refrigerator or air
conditioning unit to be dismantled, sold as scrap metal, or
permanently disposed of unless any refrigerant has first been
recovered by using approved refrigerant recycling equipment; or (2)
the intentional venting or avoidable release of refrigerants from
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a refrigerator or air conditioner.
(c) Recovered refrigerant which cannot be reused or recycled
shall be destroyed by a method which does not allow the release or
escape of any ozone-depleting compound into the atmosphere.
section 9-35. Manufacture and sale of products which use an
ozone-depletinq compound as a propellant or
enerqy source banned.
No person shall manufacture or sell any aerosol container that
uses an ozone-depleting compound as a propellant or source of
energy. This section shall not apply to the manufacture or sale
or products used for medical purposes.
section 9-36. Fire extinquishinq systems which use halon.
(a) Except as required by statute, rule or regulation, no
person shall release halon from a fire extinguishing system during
the training of personnel or in the testing of such fire
extinguishing system.
(b) Any person who owns or operates a facility that repairs,
services or performs maintenance on a fire extinguishing system or
unit shall recapture and recycle any halon used as an extinguishing
agent the system or unit. The implementation of a reclamation
system for halon shall go into effect only upon the commercial
availability of acceptable equipment approved for use by
Underwriters Laboratories.
section 9-37. Permit required for sales of certain fire
extinquisher.
All retail sales of fire extinguisher which contain ozone-
depleting substances are prohibited unless at the time of purchase
the purchaser presents a valid permit for the purchase from the
City Administrator. The City Administrator shall issue such
permits for aviation use, use in protecting electrical equipment,
and for other uses where the applicant demonstrates that there is
no technically feasible, economically sound and environmentally
safe substitute or alternative available. A ban on halon sales
without the city Administrator's approval shall go into effect only
if acceptable chemical substitutes, approved for use by
Underwriters Laboratories, become commercially available.
section 3.
shall be and is
38 through 9-40
That, effective July 1, 1991, the Code of Laws
hereby amended by the addition of new sections 9-
to read as follows:
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section 9-38. Material for paddinq or buildinq insulation.
Effecti ve January 1, 1994, no person shall manufacture or
install any material for padding or building insulation that
contains an ozone-depleting compound or with respect to which an
ozone-depleting compound is used as a blowing agent during the
manufacturing process. The City Administrator may issue
regulations prohibiting, prior to January 1, 1994, such manufacture
or installation if it finds, on the advice of the Science Advisory
Committee, that a commercially viable chemical substitution for
such ozone-depleting compounds is available. The provisions of
this section shall not apply to any building or structure
permanently attached to real estate if such building was issued a
building permit on or before December 31, 1993 or the date of the
regulations adopted by the City Council, whichever is earlier.
section 9-39. Food packaqinq.
No person shall sell at retail any food or food product in or
on food packaging which contains an ozone-depleting compound or for
which an ozone-depleting compound has been used as a blowing agent
during the manufacturing process.
Section 9-40. Other packaqing materials.
No person shall manufacture, distribute, sell or use for
commercial purposes any material or product: (1) which is used for
packaging, wrapping or containing any non-edible products; and (2)
which contains or was manufactured by the use of an ozone-depleting
compound.
section 4. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
section 5. Safety Clause. The city Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the city of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The city council further determines that the ordinance bears a
rational relation to the property legislative object sought to be
attained.
section 6. Section 1 of this ordinance shall become effective
15 day(s) after final publication; Section 2 of this ordinance
shall become effective January 1, 1991; Section 3 of this ordinance
shall be COlJ)fi! effective July 1, 1991. Section 9-38 shall become effective
January 1, 19Y4.
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 22nd day of October , 1990,
ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on
final passage set for Mondav. November 26 , 1990, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
November
AND ORDERED PUBLI SHED
8 to 0 this
, 1990.
on second and
26th day of
final
SIGNED by the Mayor on this
1990.
27th day of November
~~
Dan Wilde, Mayor
ATTEST:
/
/'
--=-.L.. -' 'r...-! ,t_,..,"~ l.t-/
Wanda Sang, city c~~rk
1st Publication: November 7, 1990
2nd Publication: December 5, 1990
ApplewoodjWheat Ridge Transcript:
Effective Date: See Section 6 of Ordinance.
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