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HomeMy WebLinkAboutOrdinance No. 20013ORDINANCE NO. ~U d ~ 3 AN ORDINANCE CGNCERNING THE SALE AND USE WITHIN EUGENE OF CERTAIN PRODUCTS CONTAINING OZONE-DEPLETING CHEMICALS; AMENDING ORDINANCE NO.19994 AND SECTIONS 6.704, 6.745, 6.710, 6.715, 6,724, AND 6.725 OF THE EUGENE CODE,1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Secti n 1. Sections 6.700, 6.705, 6.710, 6.715, 6.720, and 6.725 of the Eugene Code, 1971, are amended to provide: QZONE PROTECTION 6.700 zone Pr tection -Intent. The intent of sections 6.700 to 6.725 is to reduce the sale and use of ozone depleting products within the city of Eugene. These sections attempt to accomplish this goal through: ~a} Educating the public about ozone-depleting products and alternatives to those products; and fib} Prohibiting the sale and use of certain ozone-depleting products for which safe and cost-competitive alternative products exist. 6.705 Dzone Protection,,.- Defulllons. For purposes of section 6.705 to 6.725, the following words and phrases mean: i mono er. The city manager of the city of Eugene, or the ci manager's designee. Commer ' 11 u e. A product or process which uses or is utilized by a person in the provision of services to another person or business. z n de Ietin hemical. A chlorofluorocarbon ~CFC}, hydrochlorofluorocarbon ~HCFC}, halon, methyl chloroform 11,1,1 trichloroethane}, methyl bromide, carbon tetrachloride ~tetrachloromethane} or any chemical compound that hereafter becomes designated an "ozone depleting chemical" . z ne-de letin roducts. Any product containing an ozone-depleting chemical or installed with the use of an ozone-depleting chemical, including products employing ozone-depleting chemicals as blowing agents. Ordinance -1 Qzone Protection ,-,.Pr~du,,,t Restrictions. .710 ~ c----- ~l} Restrictions on the Sale and Use of Plastic Foam Insulation Pr ducts used in Construction. No person shall ~a} sell insulation made with ozone~depleting chemicals; ~} 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. ~2} Re trictio on the Sale and Use of Other oducts Containin HCF s: 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} Restrictio on the Sale and se of Pesticides. 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} Effective Dat of Restxictio .Notwithstanding subsections ~1} to ~3}, the restrictions imposed by those subsections shall not take effect until 90 days after the city manager determines under section 6.725, that ozone-safe substitutes exist for the ozone-depleting products. The restrictions imposed by subsections ~1} to ~3} shall apply only to the products far which such a determination is made. ~5} Restrictions on the Sale and Use of Other Ozone-De letin Products. ~a} If the city manager determines, based on the criteria and methodology established pursuant to section 6.725, that sale and use of a product not included in subsection ~1} to ~3} of this section should be prohibited, the city manager shall so designate that product by amending the rule containing the list of prohibited ozone-depleting products referred to in subsection ~1}fib} of section 6.725, to include the additional product. fib} No person shall sell or use any product which the city manager designates as a prohibited ozane~depleting 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. 6.715 zone Pr tection - Exem ti n for se of Exi tin Inventories. The prohibitions on use of ozone~depleting products contained in section 6.710 shall not apply to use of any such products owned by the person at the time that the prohibition takes effect. Nothing in this section shall exempt the sale of such materials from the prohibitions contained in section 4.710. 6.720 Ozone Pr tech n -Violations. ~ 1 } If the city manager determines that a person is violating the prohibitions contained in section 6.710, the city manager shall notify the persan of the violation and of alternative chemicals, products and informational sources regarding the prohibited product. ~2} If a person notifted under subsection ~1} of this section again uses or sells the prohibited product 60 days or more after the date of notit"ication under subsection ~1}, the city manager may issue, pursuant to subsection ~5} of this section, a notice of imposition of an Ordinance - 2 administrative civil penalty of $500. For purposes -of this subsection and subsection ~3}, "product" shall mean a generic type of merchandise or item, such as "hair spray" and "paint. " ~3} 1f a person receiving a native of imposition of an administrative civil penalty under subsection ~2} sells ar uses the prohibited product ten days or more after the date of the administrative civil penalty, the city manager may impose an additional administrative civil penalty in the amount of $1,000. Each subsequent violatian shall subject the person to an administrative civil penalty of $1,000 per violation. For purposes of this section, a "subsequent violation" means selling or using, after the date of the previous notice imposing an administrative civil penalty, the product that formed the basis of the prior 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 6.70fl 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 {11} of section 2.018. 6.725 ozone, Protection ~, Rulemakin~. ~1} The city manager shall adopt, pursuant to section 2.419 of this code, administrative rules to implement sections 6.704 to 6.725. Such rules shall include, but need not be limited to: - ~a} Additional and mare detailed definitions of the wards and terms used in sections 6.700 to 6.725; fib} A list of ozone-depleting products whzch cannot be sold or used; ~c} Criteria and methodology for determining whether a product should be added to the list referred to in subsection fib} of this section; and ~d} A process far receiving and responding to complaints from citizens about alleged violations of these code sections. ~2} The rules also may include criteria for designating as "ozone-depleting chemicals" additional chemical compounds not listed in the definition of "ozone-depleting chemical" contained in section 6.705. Such criteria shall require consideration of any conclusions of: ~a} The U.S. Environmental Protection Agency, and fib} The United Nations Environment Program as to whether a chemical compound is ozone-depleting. Unless and until the city manager has adapted criteria under this subsection (2}, the manager shall not designate any additional chemical compounds as "ozone~depleting chemicals." ~3} The criteria for determining whether an ozone~depleting product shall be included on the list referenced in paragraph ~1}(b} of this section shall include a requirement that an "ozone-safe substitute" is available. The criteria also shall provide that to qualify as an ozone- safe substitute, a product must meet bath of the following requirements: ~a} The alternate product is readily available and its use will cost no more than the use of the azane~depleting product; and Ordinance - 3 fib} The use of the alternate product will not pose threats to the public health and safety. ~4} To the extent of available resources, the city manager shall determine whether all products covered by subsections 6.7101}_~3} qualify as ozone-depleting products under the criteria adopted pursuant to section 6.7253}. If the manager determines that a product does so qualify, the manager shall propose, by rule, to include the product on the List referenced in paragraph ~1}fib} of this section. If the manager determines that a product does not so qualify, the manager shall propose, by rule, that the product be excluded from the list referenced in paragraph ~1}~}, ~5} Notwithstanding any other provision of the Eugene Code, 1971, this subsection shall govern challenges to the manager's determination to include a product on the list of prohibited "ozone-depleting products" referenced in paragraph (1}fib} of this section or to exclude any product covered by subsection ~1} to ~3} of section 6.710. Any person who commented on a proposed rule to include a product on, or to exclude a product from, the list of prohibited ozone-depleting products, and who is dissatisfied with the city manager's determination, may appeal that determination to a hearings official. The appeal shall be governed by section 2.021 of this code. The issue decided by the hearings ofl~~cial shall be limited to whether the city manager's determi.~aation is inconsistent with the criteria adopted by the city manager pursuant to this section. Section 2. Sections 2, 3 and 4 of Ordinance No.~ 19994 adopted by the City Council on December 7,1994 are amended to read as follows: ecti n 2. City of Eugene Compliance and Role-modelling. 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. Section 3. Ozone Protection 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 farm a departmental advisory Ozone Protection Committee Committee} consisting of environmental representatives, representatives of the affected commercial sectors, and members of the voters pool. ~2} The City Manager shall forward to the Committee a draft of the Manager's proposed rules to implement Section 6.7251}~c} of the Eugene Code, 1971. The Committee shall review the Manager's proposed criteria and methodology for determining whether a product should be included on the list of prohibited ozone-depleting products. Ordinance - 4 Following receipt of the Committee's comments on the draft rule, the Manager shall make any revisions deemed necessary based on the comments and then publish the proposed rule pursuant to Section 2, 419. The advisory Committee shall complete its responsibilities under this paragraph ~2} and shall be disbanded by July 1, 1995. In the event the City Manager is unable to forward the draft rules to the advisory committee by June 1, then the committee shall not be disbanded until 34 days after the date the City Manager forwards the draft rules to the committee. Section 4. The City Manager is authorized to contract with the Lane Regional Air Pollution Authority or other public entity to administer this ordinance. Such assistance shall include, but is not limited to, obtaining expert assistance in determining ~a} whether additional chemicals and products are ozone-depleting, and ~} whether alternatives exist which are safe and cost-effective. Section 3. Public_Educatian. The City Manager shall make available to the public, and update not Iess than annually, information about ozone-depleting chemicals and products and alternatives to those chemicals and products which do not pose similar threats to the ozone layer. Section 4. 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, or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Passed by the Ciry Council this (~?_~'day of /1/1~y , 1995 Approved by the Mayor this I ~~day of 1~, 1995 Ordinance - 5 ~._. /,~- (/ City Recorder Mayor Ordinance - 6