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HomeMy WebLinkAbout093 - 08/21/1990 - AMENDING CITY CODE GOVERNING THE MANUFACTURE, DISTRIBUTION, SALE AND RECYCLING OF PRODUCTS WHICH UTI ORDINANCE NO. 93, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS BY ADDING A NEW ARTICLE IV TO CHAPTER 12, ENTITLED "OZONE-DEPLETING COMPOUNDS, " GOVERNING THE MANUFACTURE, DISTRIBUTION, SALE AND RECYCLING OF PRODUCTS WHICH UTILIZE OZONE-DEPLETING COMPOUNDS WHEREAS , available scientific evidence indicates that chlorofluorocarbons, halons, and certain other compounds, when discharged into the atmosphere, deplete the earth'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 cause of the discharge of halons into the earth's atmosphere; and WHEREAS, chlorofluorocarbons are widely used in refrigeration and air conditioning systems; and WHEREAS , the nationwide recapturing and recycling of chlorofluorocarbons from motor vehicle air conditioning units could reduce by approximately 20% all chlorofluorocarbons produced in the United States; and WHEREAS, the Montreal Protocol on Substances that Deplete the Ozone Layer (an international pact) , which was revised June 29, 1990, calls for an end to chlorofluorocarbon production by the year 2000; 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, and, accordingly, any reduction in the release of said materials within the City of Fort Collins will reduce this danger and will result in a benefit to the overall health and safety of the public inside and outside the City of Fort Collins; and WHEREAS, the City of Fort Collins 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 Fort Collins 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 action on the part of the City of Fort Collins is necessary to reduce chlorofluorocarbon 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 Fort Collins 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, from the geographical limits of the City, of such compounds into the earth's atmosphere. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 12 of the Code of the City of Fort Collins be amended by the addition of a new Article IV thereto, which shall provide as follows: ARTICLE IV. OZONE DEPLETING COMPOUNDS Section 12-75. Administration and Enforcement. (a) The City Manager shall establish such rules and regulations as are reasonable and necessary to enforce Sections 12-75 through 12-80 and 12-83 and 12-84 of this Article. (b) The Chief of the Poudre Fire Authority shall establish such rules and regulations as are reasonable and necessary to enforce Sections 12-81 and 12-82 of this Article, including rules required to implement the permit program authorized in Section 12-82. (c) Before adopting any rule or regulation pursuant to this Article, the City Manager and the Chief of the Poudre Fire Authority shall : (1) provide public notice of the proposed rule or regulation and of the time and place of the public hearing thereon; and (2) hold a public hearing on the proposed rule or regulation at the time and place stated in the public notice. (d) The City Manager or his/her designee shall oversee and be responsible for: (1) The enforcement and administration of this Article; except that the Chief of the Poudre Fire Authority shall be responsible for the enforcement and administration of Sections 12-81 and 12-82 of this Article; (2) Providing informational assistance to persons seeking to implement a recycling program for 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 other agencies and departments within the City to facilitate the administration, application and enforcement of this Article. (e) The City Manager shall 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 with other cities and counties which have adopted ordinances regulating ozone-depleting compounds. (f) In the event that the State of Colorado or the United States enacts any law (complete with all rules or regulations necessary for effective implementation) regulating ozone-depleting compounds for the purpose of protecting the stratospheric ozone layer of the planet and such law contains provisions which regulate emissions generated by the same sources as are regulated by provisions of this Article, the provisions of such law shall , upon the commencement of regulation thereunder, control over the provisions of this Article, to the extent only of such overlapping regulation. Section 12-76. 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-1990) . (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) Ozone-depleting compound shall mean those substances identified by the United States Environmental Protection Agency as contributing to depletion of the stratospheric ozone layer. Those substances currently identified are: CFC-11 (trichlorofluoromethane) , CFC-12 (dichlorodifluoromethane) , CFC-113 (trichlorodifluoroethane) , CFC- 114 (dichlorotetrafluorethane) , CFC- 115 (monochloropentrafluoroethane) , Halon- 1211 (bromochlorodifluoroethane) , Halon-1301 (bromotrifluoroethane) , Halon-2402 (dibromotetrafluoroethane) , Methyl chloroform, and Carbon tetrachloride. (4) Refrigerant shall mean CFC-11 (trichlorofluoromethane) , CFC-12 (dichlorodifluoromethane, also known as chlorofluorocarbon12 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 refrigeration unit or system exists at the same location. (6) Science Advisory Committee shall mean the committee created pursuant to Section 12-75(e) . Section 12-77. 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 without properly using approved motor vehicle refrigerant recycling equipment; or (2) the intentional venting or avoidable release of refrigerants from a motor vehicle air conditioner. (b) No person who owns of 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 metal , 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. (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 12-78. Major refrigeration 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 recycling equipment; or (2) the intentional venting or avoidable release of 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 recovering 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 Science Advisory Committee advises the City Manager that substantive provisions of the regulations promulgated by the Colorado Air Quality Control Commission pursuant to C.R.S. Section 25-7-105 (11) are sufficient to implement this section, the rules and regulations adopted by the City Manager to implement this section shall , to the extent possible, conform to those adopted by the Colorado Air Quality Control Commission pursuant to C.R.S. Section 25-7-105 (11) . Section 12-79. Refrigerators and portable air conditioning units. (a) Any person that manufactures, repairs, services or maintains a refrigerator or air conditioning unit shall adopt and implement a recycling system whereby any ozone-depleting compound used as a refrigerant in such refrigerator or air conditioning unit shall not be released into the environment, but will be recovered and 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 and recycled; or (2) the intentional venting or avoidable release of refrigerants from 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 12-80. Manufacture and sale of products which use an ozone- depleting compound as a propellant or energy 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 of products used for medical purposes. Section 12-81. Fire extinguishing systems which use halon. (a) No person shall release halon from a fire extinguishing system during the training of personnel or in the testing of such fire extinguishing system, unless the halon extinguishing agent is recovered in an approved manner. (b) Any person who owns or operates a facility that repairs, services or performs maintenance on a fire extinguishing system or unit shall recover and recycle any halon used as an extinguishing agent in the system or unit. Section 12-82. Permit required for sales of certain fire extinguishers and installation of certain fire extinguishing systems. No person shall sell at retail any fire extinguisher which contains an ozone-depleting compound unless at the time of purchase the purchaser presents a valid permit issued by the Poudre Fire Authority authorizing the purchase. No person shall install a fire extinguishing system which contains an ozone-depleting compound without first obtaining a valid permit from the Poudre Fire Authority authorizing the installation. Permits shall not be required for aviation or military uses. The Chief of the Poudre Fire Authority shall issue such permits if the Chief determines that there is not technically feasible, economically sound, and environmentally safe substitute or alternative available for the proposed use of an ozone-depleting compound. The Chief shall base his/her determination upon the guidelines as contained in Best and Essential Halon Use -- A Methodology" , published by the National Fire Protection Association. Section 12-83. Material for padding or building insulation. Effective 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 Manager may issue regulations prohibiting, prior to January 1, 1994, such manufacture or installation if he/she 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 Manager, whichever is earlier. Section 12-84. Packaging materials. No person shall manufacture, distribute, sell or use for commercial purposes any material or product containing an ozone-depleting compound or for which an ozone-depleting compound has been used as a blowing agent for the purpose of packaging, wrapping or containing non-edible products. This Section shall not apply to the package, wrapping or container of any product imported into the City where such packaging, wrapping or containment was applied to the product prior to importation. Section 12-85. Reports. The City Manager shall annually report to the City Council on the progress made in carrying out provisions of this ordinance, the status of state and federal regulation of ozone-depleting compounds, and, to the extent available, information on emission trends and emission reduction plans of industrial and commercial users of 1000 pounds or more of any combination of ozone-depleting compounds annually. In order to obtain information on emission trends and emission reduction plans, the City Manager shall prepare and disseminate to such industrial and commercial users forms to be utilized on a voluntary basis for the purpose of reporting such information. BE IT FURTHER ORDAINED that Section 12-75 and 12-76 as provided in this Ordinance shall go into effect on the tenth day following approval of this Ordinance on Second Reading by the City Council ; Sections 12-77 through 12-82 shall go into effect on March 1, 1991; and Sections 12-83 and 12-84 shall go into effect on July 1, 1991 . Introduced, considered favorably on first reading, and ordered published in summary form this 7th day of August, A.D. 1990, and to be presented for final passage on the 21st d y of August, A.D. 1990. I May6r ATTEST: l r a City Clerk Ci Passed and adopted on final reading this 21st day of August, A.D. 1990. Mayor ATTEST: ; n, ,y \ � ll 0 City Clerk