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SR-503-004 . . 6-8 .~I,:N 1 2 1990 California CA:RMM:jld385b/hpc City Council Meeting 6-12-90 503- 00 y Santa Monica, STAFF REPORT TO: Mayor and City Council FROM: City Attorney Ordinance Adding Chapter 6 to Article V of the Santa Monica Municipal Code to Regulate the Manufacture, Distribution, Sale, and Recycling of Products Which Use Ozone-Depleting Compounds SUBJECT: At its meeting on May 22, 1990, the City council introduced for first reading an ordinance regulating the manufacture, distribution, sale, and recycling of products which use ozone-depleting compounds. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Joseph Lawrence, Assistant City Attorney 6-B . i r V''''- JUN ~ .J;1\; B~FORE DISTRIBUTIO~HECK CONTENT OF -, DISTRIBUTION OF RESOLUTION #--'-E ..:;-~./ Council Meeting Date ~c?~9~ Agenda Item # 6 - fi /yo ALL FOR C~ CLERK'S ACTION ORDINANCE * /.s .5 c.J I Introduced: ~~ /1} L) Adopted: c;t~ /7 D ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorneyfs approval Was it amended? VOTE: Affirmative: ~ ~" C~j ~.j~,l ~_ Negative: ~ Abstain: 0 Absent: \.k!rn~ PROOF VOTES WIT~NOTHER BERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he signed, sealed and filed in Vault. NEWSPAPER PUBLICATION (Date: ) t Department originating staff report( Laurie Lieberman) Ord~nances only for Attorney ( Claudia Thompson) 2 Management Services Lynne Barrette ORDINANCES ONLY I Agency mentioned in document or staff report (certified?) SubJect f~le (agenda packet) 1 Counter f~le 1 Others: (Review A1rport Auditorium for departments who need to know). Parking Auth. Personnel Building Dept. ClEO Finance General Servo Library Manager Fire Planning Police Purchasing Recr/Parks Transportation Treasurer roVL !~~- ~ kW 1::1 ~-~~C"-. ~~~~ ~ -t s.u ~ c.q, SEND FOUR COPIES OF CODED SYSTEMS 120 Main Street Avon, New Jersey ALL ORDINANCES TO: 4 07717 SEND FOUR COPIES OF ALL ORDINANCES TO: Rebecca Garrido Santa Monica Municipal Court 1725 Ma1n Street, Room 118 Santa Monica, CA 90401 4 Total Copies /s- . . CA:RMM:ljl374/hpc city council Meeting 6-12-90 Santa Monica, California ORDINANCE NUMBER 1530 (CCS) (eity Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE eITY OF SANTA MONICA ADDING CHAPTER 6 TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REGULATE THE MANUFACTURE, DISTRIBUTION, SALE, AND RECYCLING OF PRODUeTS WHICH USE OZONE-DEPLETING COMPOUNDS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6 is added to Article V of the Santa Monica Municipal Code to read as follows: CHAPTER 6 - REGULATION OF OZONE-DEPLETING COMPOUNDS SECTION 5600. Findings. The ci ty Council of the City of Santa Monica finds and declares: (a) Available scientific evidence indicates that chlorofluorocarbons (lIeFesll) and Halons, when discharged into the environment, deplete the earth's protective ozone layer, allowing increased amounts of ultraviolet radiation to penetrate the earth's atmosphere. These conditions pose a long term danger to human health, life, and the earth's environment by increasing such harms as skin cancers, cataracts, suppression of the immune system, and damage to crops and aquatic life. - 1 - . . (b) The unnecessary release of extinguishing systems is release of Halons into Halons in a primary the earth's testing fire source of the atmosphere. (c) CFCs are widely used in refrigeration and air conditioning systems in a form commonly known as "Freon," as well as in insulation, building products, and packaging materials. Each of these substances leach CFCs into the atmosphere. (d) There is currently no economically feasible technology available as a substitute for the Freon used in refrigeration and air conditioning systems, and the Halon used in certain fire extinguishing systems. (e) The reclamation and recycling of Freon from auto air conditioning units alone could eliminate nearly 20 percent of all eFe chemicals used nationally. (f) In light of the current and future limitations on the production of CFCs both nationally and internationally, the development and utilization of environmentally safe alternatives to eFCs at this time will create a competitive advantage to those businesses electing to use such alternatives prior to the effective date of any comprehensive international, federal, state, or local regulation banning the use of eFCs and Halons. - 2 - . . (g) The Montreal Protocol on Substances that Deplete the Ozone Layer (an international agreement) which was ratified by the United states on April 21, 1988, and which became effective January 1, 1989, calls for reductions in the production, importation, and exportation of CFCs to fifty percent (50%) of the worldwide 1986 levels, by 199B, and for a freeze on the production of Halon at 1986 levels beginning January 1, 1992. (h) Recent discoveries have shown that the reductions in CFC levels set forth in the Montreal Protocol may be insufficient to remedy the global heal th and safety risk created from the release of CFes and Halons. (i) The city of Santa Monica supports all international, federal, and state bans on uses of CFCs; however, until such bans have been adopted by the appropriate agencies, responsible action on the part of the City of Santa Monica is necessary to reduce CFC and Halon use in order to promote the long term health, safety, and welfare of the general public, and the environment. (j ) The release of CFCs and Halons into the atmosphere is a global danger to the environment. Any reduction in the release of these materials within the City of Santa Monica will reduce this global danger and will result in a benefit to the - 3 - . . overall health and safety of the public inside and outside the City of Santa Monica. (k) The eity of santa Monica encourages the research and development of environmentally safe alternative technologies and products to replace the use of CFCs and Halons. SEeTION 5601. Definitions. For purposes of this ehapter, the following words and phrases shall have the following meanings: (a) Chlorofl uorocarbons (" eFCs") . eFCs shall mean the family of substances containing carbon, fluorine, and chlorine, and having no hydrogen atoms and no double bonds, and which includes, without limitation, CFC-ll, CFC-12, CFC-113, CFC-114, and CFC-115. Such substances include II Freon, 11 which is used in air conditioning and refrigeration units, degreasers and solvents used in the cleaning of metals and electronic components and rigid and flexible foam used as packaging materials and insulating materials, and flexible foam used in car seats, bedding, and furniture. (b) Halon. Halon shall mean any fully halogenated carbon compound containing bromine, chlorine, or fluorine, and includes, without limitation, Halon-1301, Halon-1211, and Halon 2402. (c) Ozone-Depleting Compound. Ozone-Depleting Compound shall mean any CFe, Halon, the chemical - 4 - . . compounds of methyl chloroform and carbon tetrachloride, or any other chemical compound designated by the city Council by resolution as being an ozone-depleting compound. (d) Licensed Health Care Facility. A licensed health care facility is any health care facility licensed either by the state of California Department of Health or by the united states Department of Health and Human Services. (e) CFC Food Packaginq. CFC food packaging is any container, carton, box, cup, lid, plate, bowl, tray, or wrapping of any kind which is or may be used to conta in, package, store, insulate, or serve any food or beverage, that contains any CFe or in which any CFC has been used in the manufacturing or production of such item. (f) Rigid or Flex~ble Foam Containing or Utilizing an Ozone-Depletinq Compound. A rigid or flexible foam containing or utilizing an ozone-depleting compound is any rigid or flexible foam, such as Styrofoam or thermoplastic foam, building insulation, or any other rigid or flexible foam that contains within any closed cell any ozone-depleting compound or that was produced by using an ozone-depleting compound in any manner during the manufacturing process. - 5 - . . SEeTION 5602. Prohibition on the Manufacture, Sa1s, or Distribution of Products Using ozone-Depleting compounds. (a) Except as otherwise provided in this section, no person wi thin the City of Santa Monica shall: (1) Use any ozone-depleting compound to manufacture, produce, cleanse, degrease, or sterilize any substance or product. (2) Package any product with rigid or flexible foam containing or utilizing ozone-depleting compounds. (3) Purchase, obtain, store, sell, distribute, or otherwise provide to any person any CFC food packaging material. (4) Recharge a refrigeration, air conditioning, or Halon fire suppression unit or system that contains a leak of an ozone-depleting compound without repairing the leak of such compound. (b) Exemptions. This Section shall not apply to the study or research of the effect of the release of ozone-depleting compounds into the environment, where such compounds are directly necessary for conducting such study or research. (c) Subsection (a) (1) of this Section shall not apply to any Licensed Health Care Facility operated either for profit or not for profit, including any medical research conducted at such - 6 - . . facility, or to manufacturers of any "drug" or medical "device" as the terms udrug" and "device" are defined in Title 21, v.s.c. sections 321(9) and 321 (h) of the Federal Food, Drug, and Cosmetic Act, but only if the manufacturer is required to comply with the Good Manufacturing Practice requirements adopted pursuant to Title 21 U.S.C. section 360j(f). The city council by resolution may repeal this exemption if it finds that materials which do not cause ozone depletion are available for use by Licensed Health Care Facilities. All manufacturers of drugs or medical devices that use ozone-depleting compounds shall adopt and implement a recycling system whereby any ozone-depleting compound used as a sterilant by such manufacturers shall be recaptured and recycled in accordance with a recycling plan filed with and approved by the city. (c) The effective date for subsection of this Section shall be January 1, Subsections (a) (2) , (a) (3), and (a) (4) of this Section shall be effective January 1, 1991. (a) (1) 1992. SECTION 5603. Prohibition on the Use of Ozone- Depleting compounds in Building construction. Effective January 1, 1992, in the construction, remodel, or repair of any building or structure, no person shall install any product, including rigid or flexible foam, which contains or uses any - 7 - . . ozone-depleting compound. S imul taneous with the filing of a building permit application, the applicant shall submit a written verification certifying that no ozone-depleting compound will be installed in any building or structure. SECTION 5604. Recycling of ozone-Depleting compounds Used as Coolants in Mobile Refrigeration or Air Conditioning Systems. No person shall install, repair, service, or maintain any mobile air conditioning or refrigeration unit or system without utilizing equipment and procedures designed to recapture and recycle any ozone-depleting compound that may be used as a coolant in such refrigeration or air conditioning unit or system. By January 15, 1991, and yearly thereafter, all businesses that install, service, repair, or maintain units or systems described in this Section shall submit a recycling plan to the city in a form prescribed by the Director of the Department of General Services, which shall indicate equipment and procedures used to recycle and recapture ozone depleting compounds. Each business shall certify that all appropriate employees have received training in the utilization of the equipment and procedures during the last year. SECTION 5605. Restriction on sale of Ozone- Depleting Compounds Used as Coolants in Refrigeration or Air Conditioning Onits. Effective January 1, - 8 - . . 1992, no person shall sell any ozone-depleting compound for use as a coolant in a refrigeration or air conditioning unit or system to any person who does not possess evidence of operating a recycling system pursuant to a recycling plan filed and approved in accordance with section 5604 of this ehapter. SECTION 5606. Release of BaloD. No person shall test any Halon fire suppression system by causing the release of Halon, except to extinguish a fire or if a reclamation system is utilized in accordance with section 5607. SECTION 5607. Recycling of BaloDs from Portable Fire Extinguishing Systems or units. Effective January 1, 1992, no persons shall repair, service, or maintain Halon fire extinguishing systems or units without operating a reclamation system that recaptures Halon or causes it to be recycled without escape into the atmosphere. By January 15, 1992, and yearly thereafter, all businesses that repair, service, or maintain Halon fire extinguishing systems or units shall submit a recycling plan to the City in a form prescribed by the Director of the Department of General services, which shall indicate equipment and procedures used to recycle and recapture Halon compounds. Each business shall certify that all appropriate employees have received training in the - 9 - . . utilization of the equipment and procedures during the last year. SECTION 5608. Exemption. (a) Any person may apply to the City Manager for an exemption from any section of this ehapter by submi tting an appl ication in a form approved by the City demonstrating that no technically or economically feasible alternative is currently available for such person's use of an ozone-depleting compound. To be accepted, the application must be accompanied by payment of a processing fee in an amount which shall be set by resolution of the City Council. (b) The applicant shall specify: (1) The nature of his or her business. (2) The nam.e and quanti ty of each ozone-depleting compound used by the business. (3) All processes and materials in which the business uses the compounds. (4) The measures taken to reduce the use of the compound(s), including whether and when a reclamation or recycling system has been or will be implemented. (5) Identification of any mitigation measures the business will employ or participate in to counteract its use of the compound(s). - 10 - . . (6) Identification of all alternatives to ozone-depleting compounds which the business can use, including the health, safety, environmental, and economic impact of each alternative if it was used by the business. (7) The hardship that will result to the business in the event that the exemption is not granted, including the number of employees affected. (8) The length of time for which the exemption is sought, including what steps the business or industry has taken or will take to develop a technically or economically viable alternative to the use of ozone-depleting compounds, and when such alternative is expected to be available. (c) No later than ten (10) days after filing an exemption application, the applicant shall cause to be published in the official newspaper of the Ci ty , a notice of intention to seek an exemption pursuant to this Chapter. The notice shall indicate the name and address of the applicant, as well as the name and address of the business for which an exemption is sought, the names of all compounds for which the exemption is sought, and the proposed duration of the exemption. The notice shall specify that any interested party may obtain a copy of the exemption application from the city Manager's office and that any person may submit written comments - 11 - . . concerning the application to the eity Manager within thirty (30) days after the publication date. within ten (10) days after the date of publication, the applicant shall file with the city Clerk a copy of the notice as published together with an affidavit made by a representative of the official newspaper certifying to the fact of publication. The City Clerk shall post a copy of the notice until the end of the public comment period. (d) The City Manager shall issue written findings granting or denying the application. The findings shall identify which compounds are covered by any exemption granted and for each compound granted an exemption, shall specify the length of the exemption. No exemption may be granted for a period greater than two (2) years. Ninety (90) days prior to the expiration of the exemption's term, the applicant may seek an extension of the exemption for no more than two (2) additional years. No business shall be granted an exemption, including extensions, beyond January 1, 1996. (e) Neither the filing of an exemption application nor the granting of an exemption pursuant to this Section, shall affect in any manner any criminal or civil proceeding brought to enforce any provision of this ehapter. (f) The decision of the City Manager to grant or deny an exemption application shall be final on - 12 - ~;..- . . the date that the decision is rendered and not appealable to the City Councilor to a Hearing Officer pursuant to any provision of this Code. The decision shall be reviewable by petition filed pursuant to Code of civil Procedure Section 1094.5, provided such review is sought not later than the ninetieth (90th) day following the date on which the decision becomes final in accordance with section 1400 of this eode and Code of Civil Procedure section 1094.6. SECTION 5609. Enforcement. (a) Each violation of this Chapter shall consti tute a separate offense and each day a violation of this Chapter continues shall constitute a separate offense. (b) Any violation of this Chapter shall be a misdemeanor. (c) In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be abated by a civil action brought by the City Attorney on behalf of the city of Santa Monica. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no - 13 - . . further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction; such decision shall not affect the validity of the remaining portions of this Ordinance. The eity eouncil hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Except as otherwise provided, this Ordinance shall be effective January 1, 1991. APPROVED AS TO FORM: ~~.~ ROBERT M. MYERS City Attorney - 14 - . . Adopted and approved this 12th day of June, 1990. p~ lay2?~ I hereby certify that the foregoing Ordinance No. l530(eCS) was duly and regularly introduced at a meeting of the city Council on the 22nd day of May 1990; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 12th day of June 1990 by the following Council vote: Ayes: eouncilmembers: Abdo, Genser, Finkel, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Jennings ATTEST: ~. e1ty ele