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SR-503-004 (2) . . ~ ; /ito 5C>3~oo7i 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 - 1 - ~-A MAY 2 2 1990 . . 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 - 2 - . . 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. - 3 - . . 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. - 4 - . . 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 - 5 - . . 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. - 1 - . . (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. - 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 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 - 3 - . . 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 - 4 - . . 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. - 5 - . . 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 - 6 - . . 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 - 7 - . . 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, - 8 - . . 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 - 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 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). - 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 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 - 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 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 - 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 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 - 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 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: ~ ~ '''^'7(~''' v ROBERT M. MYERS eity Attorney - 14 -