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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 2 (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. 3 (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. 4 (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 5 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: 6 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. 7 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. 8