SR-503-004 (2)
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CA:RMM:jld385jhpc
city Council Meeting 5-22-90
Santa Monica, California
STAFF REPORT
TO:
Mayor and city Council
FROM:
City Attorney
SUBJECT:
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
At its meeting on February 13, 1990, the City Council
directed the city Attorney to prepare an ordinance to regulate
the manufacture, distribution, sale, and recycling of products
which use ozone-depleting compounds.
In response to this
direction, the accompanying ordinance has been prepared and is
presented to the city council for its consideration.
The accompanying ordinance adds Chapter 6 to the Santa
Monica Municipal Code to regulate the manufacture, distribution,
sale, and recycling of products which use ozone-depleting
compounds.
In summary, the ordinance requires businesses
servicing mobile air conditioners to use chloroflurocarbons (CFC)
recycling and recovery units as of January 1, 1991; prohibits the
sale of freon in aerosol cannisters as of January 1, 1992;
requires the use of CFC recycling equipment by refrigeration and
air conditioning maintenance contractors and repair businesses by
January 1, 1992; prohibits the use, manufacture, sale, or
distribution of building products which use or contain
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MAY 2 2 1990
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ozone-depleting compounds by January 1, 1992; and, effective
January 1, 1992, prohibits businesses that sell or service
Halon-containing fire extinguishing systems from releasing Halon
unless a Halon reclamation system is used.
The following is a Section by Section analysis of the
proposed ordinance:
SECTION-BY-SECTION ANALYSIS
section 5600. Findinqs. This section sets forth the
findings of the City Council. The findings set forth the reasons
why the proposed ordinance is necessary and benef icial to the
eity.
Section 5601. Definitions. This Section sets forth the
definitions of words or phrases used in the proposed ordinance.
section 5602. Prohibition on the Manufacture, Sale, or
Distribution of Products Usinq Ozone-Depleting Compounds. This
Section prohibits the use of any ozone-depleting compound to
manufacture, produce, cleanse, degrease, or sterilize any
substance or product; prohibits the packaging of any product with
rigid or flexible foam containing ozone-depleting compounds;
prohibits purchasing, obtaining, storing, selling, distributing,
or otherwise providing to any person any CFC food packaging
material; and prohibits the recharging of any refrigeration, air
conditioning or Halon fire suppression unit that contains a leak
of an ozone-depleting compound without repairing the leak of such
compound. In addition, this Section provides exemptions for the
use of ozone-depleting compounds, Le., when the compounds are
used in the study or research of the effect of the release of
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ozone-depleting compounds, and when they are used by by Licensed
Health Care Facilities. The Licensed Health Care Facilities must
comply with Good Manufacturing Practice requirements and must
implement a recycling system for ozone-depleting compounds.
Subsection (a) (1) is effective January 1, 1992, and subsections
(a) (2), (a) (3) and (a) (4) are effective January 1, 1991.
section 5603. Prohibition on the Use of Ozone-Depletinq
Compounds in Buildinq Construction. This Section prohibits the
use of ozone-depleting compounds in building construction and
requires all applicants for building permits to submit a written
verification that no compound will be installed in the
applicant's project.
section 5604. Recyclinq of ozone-Depletinq Compounds Used
as Coolants in Mobile Refriqeration or Air conditioninq systems.
This Section prohibits the installation, repair, servicing, or
maintenance of mobile air conditioning or refrigeration units if
any ozone-depleting compound that may be used as a coolant in the
system is not recycled. As of January 15, 1991, each business
that conducts such activities will have to submit to the City a
yearly reCYCling plan and must certify that all appropriate
employees of the business have been trained in the recycling
procedures.
Section 5605. Restriction on Sale of Ozone-Depletinq
Compounds Used as Coolants in Refrigeration or Air Conditioninq
Units. This section prohibits the sale of ozone-depleting
compounds to any person who does not possess evidence of
operating a recycling system for ozone-depleting compounds.
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section 5606. Release of Halon. This Section prohibits
the test release of Halon, except during fire suppression
activities or unless a Halon reclamation system is employed.
section 5607. Recycling of Halons from Portable Fire
Extinquishinq Systems or units. This section prohibits the
repair, servicing, and maintenance of Halon fire extinguishing
systems unless a Halon reclamation system is utilized. In
addition, businesses that perform such activities must submit to
the city a recycling plan and must certify that all appropriate
employees have received training in the utilization of the
recycling equipment and procedures.
section 5608. Exemption. This section sets forth the
procedures to be followed to apply to the City Manager for an
exemption from any section of this Chapter, including the
submission of an application and the payment of a processing fee.
The City Manager decision is final as to whether an exemption
application is approved. No exemption may be granted for a
periOd of greater than two years. An applicant may seek an
extension of the exemption for an two additional year period,
although no business will be granted an exemption beyond January
1, 1996.
Section 5609. Enforcement. This section provides that
each violation of this Chapter is a separate offense and that
each day a violation continues shall constitute a separate
offense. In addition, each violation of this Chapter is a
misdemeanor. However, should a violation occur which is deemed
to be a public nuisance, the violation may be abated by a civil
action brought by the city Attorney.
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
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CA:RMM:ljI374/hpc
City Council Meeting 5- 22-90
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 6 TO ARTICLE V OF
THE SANTA MONIeA MUNICIPAL CODE TO REGULATE THE
MANUFACTURE, DISTRIBUTION, SALE, AND RECYCLING OF
PRODUCTS 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 (nCFCsu) and Halons, when
discharged into the environment, deplete the earth's
protective ozone layer, allowing increased amounts of
ul traviolet 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.
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(b) The unnecessary release of Halons in
testing fire extinguishing systems is a primary
source of the release of Halons into the earth's
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 eFCs 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 CFC 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 CFCs 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 CFCs and Halons.
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(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 1998, and for a freeze on
the production of Halon at 1986 levels beginning
January I, 1992.
(h) Recent discoveries have shown that the
reductions in eFC levels set forth in the Montreal
Protocol may be insufficient to remedy the global
heal th and safety risk created from the release of
eFCs and Halons.
(i) The City of Santa Monica supports all
international, federal, and state bans on uses of
CFCSi 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
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overall health and safety of the public inside and
outside the city of Santa Monica.
(k) The city 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 Chapter, the following words and phrases shall
have the following meanings:
(a) Chlorofluorocarbons (nCFCs"). CFCs 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-11, CFC-12, CFC-113, CFC-114, and
CFC-115. such substances include "Freon, II 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-130l, Halon-1211, and Halon 2402.
(c) Ozone-Depleting Compound. Ozone-Depleting
Compound shall mean any CFC, Halon, the chemical
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compounds of methyl chloroform and carbon
tetrachloride, or any other chemical compound
designated by the City eouncil 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 Packaqinq. 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 contain, package, store, insulate, or serve any
food or beverage, that contains any CFC or in which
any CFC has been used in the manufacturing or
production of such item.
(f) Riqid or Flexible 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.
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SECTION 5602. Prohibi tion on the Manufacture,
Sale, 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
eFC 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
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facility, or to manufacturers of any "drug" or
medical "devicell as the terms "drugU and "device" are
defined in Title 21, U.S.C. sections 321(g) and
32l(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.e. section 360j(f).
The eity 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 I, 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
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ozone-depleting compound. S imul taneous wi th 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 Hobile 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 Units. Effective January 1,
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1992,
no person
shall sell any ozone-depleting
as a coolant in a refrigeration or
compound for use
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.
SEeTION 5606. Release of Halon. 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 Halons 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
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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 Chapter by
submitting an application in a form approved by the
eity 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 name 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).
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(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 al ternati ve 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
eity, 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
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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 eity 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 Chapter.
(f) The decision of the city Manager to grant
or deny an exemption application shall be final on
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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
constitute 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
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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 city Council 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:
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ROBERT M. MYERS
eity Attorney
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