HomeMy WebLinkAboutOrdinance No. 19994ORDINANCE NO.19994
AN ORDINANCE RESTRICTING THE SALE AND USE
WITHIN EUGENE OF CERTAIN PRODUCTS CONTAINING
OZONE-DEPLETING CHEMICALS; AND ADDING
SECTIONS 6.700, 6,705, 6.710, 6,715, 6.720, AND 6.725 TO
THE EUGENE CODE, 1971.
THE CITY COUNCIL OF THE CITY OF EUGENE FINDS THAT:
A. Scientific evidence indicates that certain human-made chemicals discharged
into the atmosphere are destroying the stratospheric ozone layer that protects the Earth
from destructive ultraviolet rays. Tl~e resultant increased levels of ultraviolet ~UV~ radiation
on the planet surface pose an acute and immediate danger to human, plant, and animas life.
This increase is correlated with significantly large increases in the rates of skin cancer, and
with increased rates of eye cataracts, impairment of human and animal immune systems,
damage to crop plants and ocean plankton, the base of the food chain. Because of these
acknowledged dangers, the US Environmental Protection Agency (EPA has authorized daily
readings of UV levels to be included in daily weather reports.
B. The Eugene Charter empowers the City Council to enact legislation to protect
the health and welfare of the citizens of Eugene.
C. Federal legislation in the farm of the Clean Air Act restricts certain of these
ozone-depleting chemicals and products, but not all. Many delays have occurred and
continue to occur regarding adequate enforcement of the existing laws.
D. States, counties, and municipalities have the legal right to extend ozone-
protective legislation and to implement their own restrictions on the sale and use of ozone-
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depleting chemicals and products not covered by federal legislation.
E. Alternative atone-safe chemicals and products are available at competitive
prices far several of the ozone-depleting chemicals and products that are not currently
restricted by federal legislation.
F. The City of Eugene should model the environmental behaviors that best
protect our citizens.
Now, therefore,
THE CITY qF EUGENE DgES gRDAIN AS FgLLgWS:
Section 1. Based on the above findings, which are adopted herein, the following
caption and Sections 6.740, 6.745, 6.710, 6,715, 6.720, and 6.725 are added to the Eugene
Code, 1971 to provide:
gZgNE PRgTECTIgN
6.700 Dzane Protection -Intent. The intent of sections 6.700 to 6.725 is to ensure
that only the most ozone-safe products will be available for sale and use in the
city. These sections pertain mainly to certain products captaining methyl chloroform, methyl
bromide, HCFCs, and other ozone-depleting chemicals not yet regulated by the federal
Clean Aar Act. Far ~ certain products containing these chemicals, there are substitutes
available that are not ozone-depleting or are less ozone~depleting.
6.705 Ozone Protection -Definitions. Far purposes of section 6.705 to 6.725, the
following words and phrases mean:
Ci manager. The city manager of the city of Eugene, or the city
manager's designee.
Commercial) use. A product or process which uses or is utilized by
a person in the provision of services to another person or business.
zone d
,,, , ,,,,, epletxn~,_„_,,,,.chemical. A chlorofluarocarbon ~CFC},
hydrofluorocarbon (HCFC}, halon, methyl chloroform ~ 1,1,1 trichlaraethane},
methyl bromide, carbon tetrachloride ~tetrachlaramethane} ar any chemical
compound that hereafter becomes designated an "ozone depleting chemical".
Ozone-de letin roducts. Any product containing anozone-depleting
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chemical or installed with the use of an ozone-depleting chemical, including
products employing ozone-depleting chemicals as blowing agents.
Dzone-safe substitute. A product that does not contain ozone-
depleting chemicals or the product which the city manager, pursuant to the
product use exemption process in subsection 6.7152},determines contains the
least amount of ozone-depleting chemicals of any commercially available
product in each product category. .
roduct cafe o or,,,,.,„,
g_ry,,,,,,,,,, class. The classification of products containing the
same type of ozone-depleting chemicals into separate categories on the basis
of the intended or primary use of the product,
6.710 ozone Protection -Product Restrictions.
~l) Restrictions on the Sale and Use of Plastic Foam Insulation Products
used in Contraction. After June 30, 1995, no ,person shall a sell insulation made with
~}
ozone-depleting chemicals; fib} install any insulation containing, or manufactured using,
ozone-depleting chemicals in, on or under any structure; or ~c} sell or use a blowing agent
containing ozone-depleting chemicals. Prior to obtaining any building permit, the applicant
for the permit shall sign an affidavit affirming that the applicant will use .only those
insulation products contained in a list of acceptable building insulations which the city
manager shall adapt pursuant to section 6.725.
~2} Restrictions on the Sale and Use of Other Products Containin HCFCs:
After June 3U, 1995, no person shall sell or use any of the following products if they contain
HCFCs: aerosol propellants, fire extinguishers, electronic solvents, and metal solvents.
~3} Restrictions on the Sale and Use of Pesticides. ,After June 3d, 1995,
no person shall sell or use any pesticide containing HCFC 123, CFC 113, methyl bromide,
or any other ozone-depleting chemical which is installed with an agent containing HCFC 123,
CFC 113 or methyl bromide.
~4} Restrictions on the Sale and Use of other ozone-De letin Chemicals.
~a} If the city manager determines, based on the criteria and
methodology established pursuant to section 6.725, that a chemical or product
should be designated an ozone-depleting chemical ar product for purposes of
sections 6.700 to 6.725, the city manager shall so designate that chemical and
product by amending the rule containing the list of prohibited chemicals and
products referred to in subsection 6.725, to include the new chemical or
product.
fib} Notwithstanding any other provision of this code, any person
dissatisfied with the city manager's determination under paragraph ~a} of this
subsection may appeal that decision to a hearings officer. The appeal shall
be governed by section 2.D21 of this code. The issue decided by the hearings
officer shall be limited to a determination whether the city manager's action
under paragraph ~a} of this subsection is inconsistent with the criteria or
methodology adopted by the city manager pursuant to section 6.725.
~c} No person shall sell or use any chemical ar product which the
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city manager designates as a prohibited ozone-depleting chemical or product
pursuant to paragraph ~a} of this subsection. The prohibition contained in this
paragraph shall take effect 90 days after the city manager's action in
subparagraph (a} of this subsection,
G.715 zone Pratectio,,,,,,,,,, -,.,.,,,,..,,_
n Exemptions.
~ 1} Existin~Inventaries. The prohibitions on use of ozone-depleting
chemicals and products contained in section b.710 shall not apply to use of any such
chemicals or products owned by the person at the time that the prohibition takes effect.
Nothing in this subsection sha11 exempt the sale of such materials from the prohibitions
contained in section 6,710.
(2} Specific Product Exemptions. The fallowing products are exempted
~..
from the prohibitions captained in sections 6.700 to 6.725:
~a} Closed-cell foam when used in stress skin construction;
fib} Insulation which is a part of a refrigeration unit; and
~c} Where use of material is required to meet state energy efficiency
requirements.
(3} Product _~Jse_ Exemption.
~a} The city manager shall adopt, by rule, criteria and a process to
determine ozone-safe substitutes and to exempt specific uses of ozone-
depleting products from the restrictions in section b.710. The criteria and
process shall authorize an exemption only if the applicant far the exemption
demonstrates there is no effective, reasonably cost competitive alternative to
the restricted chemical ar product, or that the particular use of the restricted
chemical or product will not produce harmf ul results. No person shall sell or
use a product unless that person has a copy of the city's written exemption,
and makes such copy available to any city employee upon request.
fib} An application for an exemption sha11 be submitted on a form
prepared by the city manager. Any exemption authorized by paragraph ~a}
of this subsection shall not extend beyond one year from the date the city
manager approves the exemption.
(c} Upon application, the exemption may be renewed far additional
one year periods but only if the applicant can show that it has diligently
sought, and been unable to find, over the year's time an alternative that is less
ozone-depleting.
~d} Following the procedures set forth in section 2,020 of this code,
the city manager shall adopt a fee schedule far bath exemption and renewal
applications that will recover the city's cost of processing such applications.
No application far an exemption or renewal may be approved until the
applicant has paid the fees established pursuant to this paragraph,
fie} Any person who believes that the city manager erred in either
granting or denying an exemption, or a renewal of an exemption, may appeal
the city manager's decision. The appeal, including the timeline in which the
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appellant may file the appeal, shall be governed by section 2.021,
6.720 Ozone Protection -Civil Penalty.
~1} If the city manager determines that a person is violating the prohibitions
contained in section 6.710, the city manager shall issue a notice of violation which informs
the person of the violation and provides information regarding sections 6.700 to 6.725 and
alternative chemicals, products and informational sources. A notice of violation issued
pursuant to this subsection is not appealable.
~2} If the city manager determines that a person who received a notice of
violation under subsection ~1} is violating any provision of sections 6.700 to 6.725 following
60 days from the date of the notice of violation, the city manager shall issue, pursuant to
subsection ~5} of this section, a notice of imposition of an administrative civil penalty of
$500.
~3} Each subsequent violation shall subject the person to an administrative
civil penalty of $1,000 per violation. For purposes of this section, a "subsequent violation"
means any violation of sections 6.700 to 6.725 which occurs after the date of the previous
notice imposing an administrative civil penalty.
~4} Notwithstanding the provisions of sections 2.018 and 6.995 of this code,
this section shall govern the amount of the administrative civil penalties for violations of
sections 6.700 to 6.725, Any such administrative penalties shall be in addition to, and not
in lieu of, any other penalty authorized by section 6.992 or any other action authorized by
law.
~5} Notices of administrative civil penalties and appeals of those notices
shall be governed by subsections (6} to X11} of section 2.018.
6.72 z,_
- one _Protection - Rulemak Q. The city manager shall adapt, pursuant to
section 2.019 of this code, administrative rules to implement sections 6.740 to
6.725. Such rules shall include, but need not be limited to:
~a} Additional and more detailed definitions of the words and terms
used in sections 6.700 to 6.725;
fib} A list of ozone-depleting chemicals and products which cannot
be sold or used;
~c} A list of acceptable building insulations far purposes of
subsection ~2} of section 6.710;
~d} Criteria and methodology far determining whether a chemical
or product should be added to the list referred to in subsection fib} of this
section, including criteria for determining whether ozone-safe substitutes are
available far chemicals which are harming the ozone layer; and
fie} Criteria and methodology far determining whether to grant an
exemption referred to in subsection ~2} of section 6.715; and
~f} A process for receiving and responding to complaints from
citizens about alleged violations of these code sections.
ordinance - 5
Section 2. Ci of Eu ene Cam Iiance and Role-modelIin ,
~1} The City Manager shall write purchasing criteria to minimize City purchases
from sources outside the City that utilize the restricted products or chemicals in the products
themselves, manufacturing processes, or packaging.
~2} The City shall not seek to exempt itself from the prohibitions contained in
section 6.710 of the Eugene Code, 1971, but may rely on any exemption granted pursuant
to section 6.715 of the Eugene Code, 1971 to the same extent as any other person.
Section 3, Ozone Pra~ec~f an Advisory Committee.
~1} In order to assist in the transition process and implementation of sections 6.700
to 6.725 of the Eugene Code, 1971, the City Manager shall form a departmental advisory
Ozone Protection Committee Committee} consisting of environmental representatives,
representatives of the affected commercial sectors, and members of the voters pool.
~2} In addition to the other duties and responsibilities assigned by the City
Manager, this Committee shall advise the City Manager on the following:
~a} Creation of a list to further delineate the restricted products under
b.710 of the Eugene Code, 1971.
fib} Creation of a list of ~1} commercially available alternatives to the
restricted chemicals and products that would be useful to both the commercial vendor
and the retail consumer, and ~2} additional private consulting resources and
informational materials that can assist affected parties in complying with sections
6.700 to 6.725 of the Eugene Code, 1971.
~c} Cost-effective notification of affected businesses of the restrictions in
sections 6,700 to 6.725 of the Eugene Code, 1971, and the availability of a list of
alternatives and informational resources.
~d} The City's compliance with Section 2 of this Ordinance, and with the
prohibitions contained in section 6.710 of the Eugene Code, 1971, after the
committee reviews ~1} all products which the City uses, and ~2} the City's standard
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purchasing criteria and contracting document language; the advice shall include
recommendations or suggested changes if the committee determines that the City is
not in full compliance.
(e) Rules which the City Manager shall adopt pursuant to subsections (3)
to (5) of Section 6.725 of the Eugene Code, 1971.
The advisory Committee shall complete its responsibilities under this paragraph ~2}and shall
be disbanded by July 1, 1995.
Section 4. The City Manager is authorized to contract with the Lane Regional Air
Pollution Authority or other public entity to administer this Ordinance,
Section 5. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein, ar
in other provisions of the Eugene Cade, 1971, to the provisions added, amended ar repealed
herein.
Passed by the City Council this
7th day of December, 1994
~'""_ ~ ~'
City Recorder
Approved by the Mayor this
day of December, 1994
Mayor
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