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Help & SupportChapter 6-11: Ozone-Depleting Compounds29
(a) It is the intent of the city council in enacting this chapter to prohibit the manufacture, sale and distribution of certain products made of or with an ozone-depleting compound; to reduce significantly the release of such compounds into the earth's atmosphere; and to prescribe requirements concerning use of such products in order to preserve the health, safety, and welfare of the inhabitants of the city.
(b) 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 and halon production by the year 2000.
(c) The city council finds that available scientific evidence indicates that chlorofluorocarbons, halons, and certain other com-pounds, 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.
(d) The city council finds that the release of halons in testing fire extinguishing systems is a significant source of the release of halons into the earth's atmosphere.
(e) The city council finds that 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 regulation banning the use of chlorofluorocarbons and halons.
(f) The city council finds that the release of chlorofluorocarbons and halons into the atmosphere is a global danger to the environment. Any reduction in the release of said materials within the city will not only reduce the global danger, but will also benefit the city by reducing the long-term danger to human health, life, and the environment associated with such releases.
(g) The city council finds that chlorofluorocarbons are widely used in refrigeration and air conditioning systems and that the recapturing and recycling of chlorofluorocarbons from auto air conditioning units could eliminate approximately twenty percent of all chlorofluorocarbons released in the United States.
(h) It is the intent of the city council to encourage the research and development of environmentally safe alternative technologies and products to replace the use of chlorofluorocarbons and halons.
(i) It is the intent of the city council to support 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 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.
(a) The following words and phrases have the following meanings unless the context clearly indicates otherwise:
"Approved motor vehicle refrigerant recycling equipment" means 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).
"Food packaging" means any bag, sack, wrapping, container, bowl, plate, tray, carton, cup, glass, straw or lid, but specifically excludes knives, forks and spoons.
"Ozone-depleting compound" means those sub-stances identified by the federal Environmental Protection Agency as contributing to depletion of the stratospheric ozone layer. Those substances currently identified are: CFC-11 (trichloromonofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-113 (trichlorotrifluoroethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), Halon-1211 (bromochlorodifluoromethane), Halon-1301, (bromotrifluoromethane), Halon-2402 (dibromoetrafluoroethane), Methyl chloroform, and Carbon tetrachloride.
"Refrigerant" means CFC-11 (trichloromonofluoromethane), CFC-12 (dichlorodifluoromethane, also known as chlorofluorocarbon-12 or R-12), or any other refrigerant used in motor vehicle air conditioning equipment, refrigerators, air conditioners, or refrigeration systems, which contains an ozone-depleting com-pound.
"Refrigeration system" means, without limitation, refrigerators, freezers, cold storage warehouse refrigeration systems, chillers, and air conditioners.
(b) Words defined in chapter 1-2, "Definitions," B.R.C. 1981, have the meanings there expressed if not differently defined in this chapter.
6-11-3 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:
(1) Fail to prevent any service involving the release or recharge of refrigerant on a motor vehicle air conditioner from being performed unless approved motor vehicle refrigerant recycling equipment is used in a proper manner; or
(2) Intentionally vent or negligently release 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:
(1) Fail to prevent a motor vehicle from being dismantled or wrecked unless any air conditioner refrigerant has first been recovered by an approved motor vehicle refrigerant recycling equipment used in a proper manner; or
(2) Intentionally vent or negligently release refrigerants from a motor vehicle air conditioner.
(c) De minimis releases associated with good faith attempts to recapture and recycle or safely dispose of any such substance shall not be subject to the prohibition set forth in this section.
(d) It shall be unlawful for any person to sell or distribute, or offer for sale or distribution to any person any refrigerant capable of being used to charge motor vehicle air conditioners in a container which contains less than twenty pounds of such refrigerant, except to a person that performs service for consideration on motor vehicle air conditioning systems in compliance with this section.
(Ordinance No. 5462 (1992))
(a) No person who owns, operates, manufactures, installs, services, repairs or disposes of refrigeration systems shall:
(1) Fail to prevent the installation, service, repair or disposal of a refrigeration system which involves the removal or recharge of refrigerant from being performed unless refrigerant reuse or recycling equipment is used in a proper manner; or
(2) Intentionally vent or negligently release refrigerants from a refrigeration system.
(b) No person destroying any ozone-depleting compound shall fail to prevent its release into the atmosphere.
(c) De minimis releases associated with good faith attempts to recapture and recycle or safely dispose of any such substance shall not be subject to the prohibition set forth in this section.
6-11-5 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 com-pound as a propellant or source of energy. This section shall not apply to the manufacture or sale of products used for medical purposes.
6-11-6 Prohibition on the Manufacture, Sale, Distribution or Installation of Certain Material for Padding or Building Insulation.
(a) Effective January 1, 1994, no person shall manufacture, sell, distribute or install any material for padding or building insulation that contains an ozone-depleting compound.
(b) The city manager may prohibit, prior to January 1, 1994, such manufacture, sale, distribution, or installation if a commercially viable chemical substitution for such ozone-depleting compounds is available. The provisions of this section shall not apply to any existing building or structure 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.
6-11-7 Prohibition on Certain Packaging Materials.
No person shall manufacture, distribute, sell or use any material or product containing an ozone-depleting compound for the purpose of packaging, wrapping or containing edible or 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.
6-11-8 Fire Extinguishing Systems or Units Which Utilize Halon.
(a) No person shall release halon during the training of personnel or in the testing of any fire extinguishing system unless so required by statute, rule or regulation.
(b) No person who owns or operates a facility that repairs, services, or performs maintenance on a fire extinguishing system or unit shall fail to recapture and recycle any halon used as an extinguishing agent in the system or unit.
(c) De minimis releases associated with good faith attempts to recapture and recycle or safely dispose of any such substance shall not be subject to the prohibition set forth in this section.
6-11-9 Permit Required for Sales of Certain Fire Extinguishers.
(a) No person shall sell at retail and no person shall purchase at retail a fire extinguisher which contains Halon-1301 or Halon-2402 unless at the time of purchase the purchaser presents a valid permit for the purchase from the city manager. No person shall purchase such fire extinguisher without such a permit.
(b) The city manager 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.
6-11-10 Maintenance of Records.
By July 1 of each year, industrial and commercial users of one thousand pounds or more of any combination of ozone-depleting compounds annually shall submit a report to the city manager containing information on emissions of CFCs from their facilities and emission reduction plans for the reduction of CFCs from their facilities from the previous year on forms provided by the city manager.
The city manager may from time to time issue regulations for the implementation and enforcement of this ordinance.
(a) For the purpose of carrying out the provisions of this chapter, the city manager may enter upon any public or private land in a reasonable and lawful manner during reasonable business hours for the purposes of inspection and observation.
(b) If denied access to any land or building, the city manager may apply to the municipal court for a criminal search warrant, administrative search warrant, or other appropriate court order.
29 Adopted by Ordinance No. 5361, effective July 1, 1991.