HomeMy WebLinkAboutOrdinance No. 19731ORDINANCE N0. 19131
AN ORDINANCE RESTRICTING THE USE OF SOLID FUEL SPACE
HEATING DEVICES DURING AIR POLLUTION EPISODES; ADDING
SECTIONS 6.250, 6.255, 6.260, 6.265 AND 6.270 TO THE
EUGENE CODE, 1911; ESTABLISHING PENALTIES; AND DECLARING
AN EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. The health, safety and welfare of the citizens of Eugene are
adversely affected by the degradation of air quality. violations of federal
ambient air quality standards, as measured by the Lane Regional Air Pollution
Authority LRAPA}, occur periodically in Eugene.
B. wood and other solid fuel combustion for space heating produces
particulate matter and other emissions which are physically harmful and
aesthetically unpleasant, and which contribute to the degradation of air
quality and the violation of federal ambient air quality standards.
C. Periodic restriction of the use of solid fuel space heating devices
will improve air quality. LRAPA has the expertise to determine when air
quality is at such a level that such restriction is necessary to preserve
the health, safety and welfare of the citizens of Eugene.
Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 6.250, 6.255, 6.260, 6.265, and 6.214 are hereby
added to the Eugene Code, 1971, to provide:
Solid Fuel Space Heatin Devices
6.250 Solid Fuel S ace Heatin Devices -Definitions. As used in sections
6.255 to 6.210, the following words and phrases mean:
City manager. City manager or designee, including, if the
city manager so designates, LRAPA,
LRAPA. Lane Regional Air Pollution Authority, a regional air
quality control authority established under the provisions vf, and
with authority and powers derived from, Oregon Revised Statutes
468.500 et seq.
Person, Any individual, partnership, corporation, association,
governmental subdivision or public or private organization of any
character.
Person in charge of proper. An agent, occupant, lessee,
tenant, contract purchaser, or other person having possession ar
control of property.
Ordinance - 1
PM10. Solid or liquid particulate matter ~excl uding uncom-
bined water} with an aerodynamic diameter less than or equal to 10
micrometers.
Sole source of heat. A solid fuel space heating device which
constitutes the only source of heating in a private residence. A
solid fuel space heating device shall not be considered to be the
sole source of heat if the private residence is equipped with any
permanently installed furnace or heating system utilizing oil,
natural gas, electricity or propane.
Solid fuel space heatingdev_~ce. Any device designed or oper-
ated to burn solid fuel for the heating of the interior of a bui l d-
ing, including, but not limited to, solid fuel burning stoves, fire-
pl aces or woodstoves of any nature, combination fuel furnaces or
boilers used for space heating which can burn solid fuel, and solid
fuel burning cooking stoves. "Solid fuel space heating device"
does not include natural gas fired artificial fireplaces .
Stage I red advisory. A 24-hour period beginning at 4;00 p.m.
when PM10 levels are forecast by LRAPA to be greater than or equal
to 125 micrograms per cubic meter but less than 150 micrograms per
cubic meter within the Eugene-Springfield Metropolitan Area General
P1 an Urban Growth Boundary.
Stage II red advisory. A 24-hour period beginning at 4:00 p,m.
when PM10 levels are forecast by LRAPA to be greater than or equal
to 15o micrograms per cubic meter within the Eugene-Springfield
Metropolitan Area General Plan Urban Growth Boundary.
visible emissions. The reduction in transmission of light ar
the obscuring of the view of an abject in the background caused by
the air pollutants emitted by the heating device. This does not in-
clude the visual distortion caused by the heated air emitted by the
heating device.
6.255 Solid Fuel S ace Heati n Devi ces - Prohibitions.
~1} No person in charge of property during a Stage I Red Advisory
shat 1 operate or al l aw to be operated a sol i d fuel space heating device which
emits visible emissions into the air outside of the building housing the
device.
~2} No person in charge of property during a Stage II Red Advisory
shall operate or allow to be operated a solid fuel space heating device.
6.2G0 Solid Fuel S ace Heatin Devices - Exem bons. Notwithstanding
section 6.255 of this code, a person in charge of property may oper-
ate a solid fuel space heating device during a Stage I or Stage II Red
Advisory if that person has previously obtained one of the following exemp-
tions from the city manager:
~a} Sale source of heat exem tion. A person in charge of
property who signs a sworn statement that their solid fuel space
heating device is the sale source of heat far their residence.
This exemption shall expire on July 1 of each year and must be
renewed annually. This exemption shall not be issued after June
30, 199G.
Ordinance - 2
fib} Economic need exemption. Persons in charge of property
who satisfy criteria established under the Low Income Energy Assist-
ance Program as administered by the Lane County Hauling Authority
and as established by the United States Department of Energy. This
exemption shall expire on July 1 of each year and must be renewed
annually thereafter.
6.26 5 Salid Fuel S ace Heatin Devices ~ Enforcement. In addition to, and
not in lieu of any other enforcement mechanism authorized by this
code, upon a determi nati on that a person has violated section 6.255 of thi s
cade, the city manager may impose upon the violator and any other person i n
charge of the property, an administrative penalty not greater than $500, as
provided by section 2.018 of this code. The city manager also is authorized
to designate LRAPA to enforce and administer the provisions of sections
2.655 to 2.670 of this code, including LRAPA's use of administrative and
hearing procedures adopted by LRAPA in its duly promulgated regulations.
6.270 50l id Fuel 5 ace Heatin Devi ces - warni n s , Violation of secti an
6.255 of this code prior to November 1, 1991 shall result only in
a warning, and no penalty.
Section 2. 4n or before the first Council meeting in November, 1991,
the City Manager shall provide the Council with a report that will enable
the Council to review the performance under the provisions adapted herein.
section 3. This ordinance shall become effective on January 1, 1991.
Passed by the City Counci 1 thi s
5th day of November, 1990
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City Reco er
Approved by the Mayor th i s
5th day of vember, 1990
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