HomeMy WebLinkAbout1989-11-07; City Council; 10359; Ozone Depleting Compoundss
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CIT..a..oF CARLSBAD -..:.GENDf-.;,'31LL •
MTG. 1 i-i-89
r \:~·r._c_c __ OZONE-DEPLETING COMPOUNDS
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CITY MG •
RECOMMENDED ACTION:
Review and take appropriate action.
ITEM EXPLANATIOjj:
Council Member Hark Pettine would like to discuss what action, if any, the
City should take to reduce the discharge of ozone-depleting compounds into
the atmosphere .
FISCAL IMPACT:
None at this time.
EXHIBITS:
1. Letter to the Mayor and City Council Members from Council Member Pettine,
dated October 26, 1989.
2. Memo to the City Manager from the Assistant to the City Manager, dated
September 14, 1989.
3. City of Irvine Ordinance No. 89-21.
October 26, 1989
TO:
FROM:
MAYOR & COUNCIL MEMBERS
Council Member Mark Pettine
The discharge of ozone-depleting compounds into the
atmosphere has created a serious danger to the environment.
Recognizing that this is truly a global issue, the question
becomes what action, if cny, should our City take to
contribute to the solution of this problem?
I am suggesting that the Council adop~ a policy opposing
the use and manufacturing of ozone-depleting products.
Should the Council adopt this policy, there are a variety
of actions which could be taken:
l.
2.
3.
Adopt a strict "Irvine type" ordinance prohibiting
the manufacture, sale or use of ozone-depleting
products (see attached 1naterial) ; or
Adopt a program of voluntary compliance which
would encourage local businesses ~o use products
that are not ozone-depleting in nature. Staff
could assist by providing a list of commonly used
products which are ozone-depletjng; or
Pass a resolution supporting speedy action on
legislation currently un~er consideration in the
State Legislature and in Congress which addresses
this issue.
Due to the complexities and global nature of this issue,
it is my suggestion that the Council consider ~dopting
alternatives 2 and 3 above.
Your input is appr~ciated.
Respectively,
~uNE
Council Member
cc: City Manager
Attachment
!'
I ,,
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September 14, 1989
TO: C ITV MANAGER
FROM: Assistant to the City Manager
CHLOROFLUOROCARBONS
Attached is the chlorofluorocarbons ordinance requested by Council Member Mark
Pettine from the City of Irvine. The ordinance governs the manufacture,
distribution, sale and recycling of products which utilize ozone-depleting
compounds. This ordinance was adopted August 22, 1989 and goes into effect in
stages. On July 1, 1990 the following sections go into effect:
Section IV.Q-201 Prohibition on the Manufacture, Sale or Distribution of
Products Utilizing Ozone-Oepleting Compounds
Section IV.Q-202 Prohibition on the Use of Ozone-Depleting Compounds in
Building Insulation
Section IV.Q-301 Recycling of Ozone-Depleting Compounds Used as Coolant in
Refrigeration and/or Air Conditioning Units
Section IV.Q-302 Restriction on Sale of Ozone-Depleting Compounds Used as
Coolants in Refrigeration and/or Air Conditioning Units
Section IV.Q-303 Disposal of Refrigeration or Air Conditioning Unit Systems
Section IV.Q-401 Permit Required for Testing Fire Extinguishing Systems or
Units Which Utilize Halon
Effective thirty days after public notice that a reclamation facility capable
of safely disposing of Ozone-Depleting Compounds becomes op&rational in the
City of Irvine, are Sections IV.Q-203 Disposal of Ozone-Depleting Compounds
Contained in Building Insulation and IV.Q-402 Reclamation of Halons from
Portable Fire Extinguishing Systems or Units. All remaining sections become
effectnve thirty days from adoption.
OZONE-DEPLETING COMPOUNDS
Examples of chlorofluorocarbons (CFC's} include "freon" used in refrigeratit>n
and air conditioning systems, degreasers and solvents used to clean metals,
rigid and flexible foam used as packaging materials, insulating materials, and
flexible foam which is used in car seats and furniture. Use of CFC food
packaging including cont«iners, cartons, boxes, lids, plates etc. that are
often used in fast food restaurants and rigid foam which contains ozone-
depleting compounds such as styrofoam cups are now prohibited in the City of
Irvine.
PROHIBITIONS
This ordinanc~ prohibits the manufacture, sale and distribution of certain
products made of or with a blowing agent compound which consists of
chlorofluorocarbons {CFC's), and is intended to significantly reduce the
telease of Halons into the earth's atmosphere.
HEALTH
When ozone-depleting compounds are discharged into the environment, they
deplete the earth's protective ozone layer, and allow Increased amounts of
ultraviolet radiation to penetrate the earth's atmosphere and increase human
risk for skin cancer, cataracts, suppression of the immune system, and can
damage crops and aquatic life.
NEW POSITION CREATED
This ordinance established the position of Environmental Program Coordinator
to enforce and administer the program, establish rules and regulations,
imolement a recycling program, and to serve as the consultant to cooperate
with local, state, and federal agencies to regulate ozone-depleting compounds.
The City of Irvine Ord'lnance No. 89-21, governing Ozone-Depleting Compounds is
new and staff provided for in the ordinance are not yet on board. It is too
soon to analyze the effectiveness of the program at this point.
Please let me know if I can be of further assistance in this matter.
p1~·~
kes
Attachment
-
CITY COUNCIL ORDINA!-iCE NO. 89-21
A.!-T OR.DlNA!-iCE OF THE CITY COUNCIL OF THE CITY OF
IRVINE GOVERNING THE MANU'FACTURE, DrSTRIBUTION,
SALE AND RECYCLING OF PRODUCTS WHICH UTILIZE
OZONE-DEPLETING COMPOUNDS
Wh~REAS, available scientific evide!lce indics.tes that ch.lorofluorocsrbons ("C:E'C.s")
and Halons, when disch~ed into the environment, de;,lete the es.rt'i.'s protective ozone
layer, allowing inc:es.sed amounts oi uit'3.viol~t radiation to penetr3.te the es.t'!h's
atmosphere, thereby posing a long-term d, ~·er to human health, life and the
environment by inc:es.sing such harms as skin cancers, catar3.cts. suppression of the
immune system, damage to crops and aquatic life, and related harms;
WEERE.~S, the !:'elesse of Hal.ens in testing fire extini'Uishing systems is a primarJ
source oi t.'le releS.Sf.! of Hal.ans into the ear!h's atmosphere;
WHERE.~5, CFCs are widely used in refr!geration and air conditioning systems in a
for:n com.manly known as "Freon";
WHERE.~5, there is cur.-ently no economically feasible technolo%""J available s.s a
substitute for the F:.-eon used in :-efrigeration and air conditioning svstems, and the Halon
used in cer1:ain fire e:tti~ishing s-ystems; • ;· ... ~:, : , , .: . :. : -. -, · • •
.. ...i.... , ", "1"• ......,. ~ ... -,,, ' -... # '
WHERE .. ~S, the recaptur_ng and recyclin~ of Fr~n from auto air c;qnditioning units-
alone could eliminate nes.riy 2096 of all CFC enemies.ls used nationally;
WHEREAS, the Montreal Protocol on Substances that Deplete the Ozone Layer (an
international pact) which was ratified by the United States on April 21, 1988, and which
bees.me effective JanuarJ 1, 1989~ calls !or reductions in the _:,roduction, importation and
e.~ortation oi CFCs to fifty percent (50%) of the worldwide 1986 levels, by 1998, and for
a freeze on t.'te production oi Halon at 1986 le•rels beginnin~ JanuarJ 1. 1992;
WHER.E • .\S. in light of the cur:-ent and future limitations on the production oi CFCs
both nationally and inter.i.ationally, the de•relopment and utilization of environmentally
safe alternatives to CFCs at this time will cr-aate a competitive advantage to those
businesses 1(!!ectin;-to utilize such alte~atives prior to the ~ifective date oi any
comprehe~ive international. federal, state or local re~ation banning the use of CFCs
and Halons;
WHEREAS. the :elt?s.se of CFCs ·and Ha.lons into the atmosphere is a global dan;er to
the environment, thus any reduction in the ~elease of said materials with!'l the City of
Irvine will reduce this global dan~er and will :-esult in a benefit to the over:ill health and
saf et:, of the public inside anct outside the City of Ir-tine;
WHEREAS, the Clt11 oi Ir.,ine encour3.% s the research s.nd d~•,elocment of
environmentally safe alte;na'tive technologies· ann products to replace the use of CFCs
and Halons:
WHEREAS, C'e<:ent discovedes have shewn that the redl1ctio.ns in CFC lev~!s se~
for~h in the ~tont:-~al !?:-otocol may be insuf::cie:11: to remedy the ·~!ob:ti he:i1t!1 and :iatety
r~sk ~:-eated f.-om ~he :-ete~;, of CFC.; :ma 2::l.ions:
WHEREAS, the C:ty of Inine suppor~s all inte:-national, fede:-al and state bans on
uses of CFCs; howe'le!", until such bans have been adopted by the appropriate aiencies,
res9onsible action on the part of the Cit"/ of Ir·,ine is necessarJ to reduce CFC and Halon
use in order to promote the loni-term health, safet'J and welfare of the general public,
and the environment; and
WF..EREAS, to protect the environment, and the health, safety and welfare of its
citizens, the City of Ir-,ine herein, by this Ordinance intends to prohibit the manufacture,
sale and distribution of certain products made of or wit.i. a blowing ~ent comcound
which consis-:s of C~Cs, and to sii!lificsntly reduce the release oi Ralons into t."le ee.rth's
atmoS9ilere.
NOW, T:-il:R~:FORE, the City Council of the Cltj of Ir-1ine DOES HEREBY ORDAIN
as fallows: ••
SECTION l. Title IV of the Code of Ordinances of the City of Ir-tine is hereby
amended to add Division Q to Title rv, which. res.els in its entirety as follows:
DMSION Q
OZONE-DEPLETING COMPOUNDS
Sec. IV.Q-101 Definitions.
For pur;:oses of this Divisior., the following-deiinitions shall'•a.pply:.. "'"'--, .... -. . .:u•.;:-:0,., •• -.
(a) "Cnloranucrocs.rbons" or "CFCs" sha:11 mean the family of substances
containing carbon, fluoi:-ine and chlorine1 and ha'Ving no hydrogen atoms and no double
bonds, and which includes, without llmita.tio.1, CFC-11, CFC-12, CFC-113, CFC-114 and
CFC-115. E.<tamples oi products containing or utilizing-chlorofluorocsrbons are "Freon"
used in .air conditionini' and refrigeration units-d~essers and solvents used in the
cles.ning of metals • and electronic components and rigid and fie:rlble foam used as
pack:aiing material and insulating material. and fl-a:rlble foam used in car ses.ts, bedding
and furniture.
(b) "Halon" shall mean any fully halogenated cs.rbon compound containin~ .bromine,
chlorine, or fluorin~. and includes, without limitation, Halon-1301, Ealcn-l:?11 and
Halon-2402. /
(c) "Ozone-Depleting Compound" shall mean any CFC, Halon, the chemic:ll
compounds of methyl chlorofo~m and c!!.rbon tetr3.chloride or any other chemic:ll
compound heres.fter desi~ated by the C!ty Council by Amendment to this Ordinance1 as
being an "Ozone-Deglethti Compound."
(d) "CFC Food P3.ckaiinv;" shall mes.n any container, carton, bo:c, cup 1 lid, plate,
bowl, tray or wragping of any kind. which is or may be used to contain, ~ackage1 store.
insulate or ser-,e any food ancl./or bevers.g!, where any CFC has been used in the
manuiacturin~ and production of such item.
(e) "Riiid or Fle:dble Foam Containing or Utili::in~ an Ozone-Depleting
Compound" shall meaa any rigid or fle~ibie foam. such as Styrofoam or the:-~09lastic
foam. building insulation. or any othe~ ris;-:c or flexible foam that contains w1t=i.in any
closed ceU any Ozone-Depletinii Compound or-that was produced by usin;-an Ozone-
De?iet!n~ C.:,mpound in an:r :nanne!' dur:n~ -:~e manufactudn~ ;>rol!ess.
(f) "Clt711 shall mean all te~itor1 within the col'?Ol':lte limits i,f the cit,1 of Ir,ine
Count'J of Orange, State of California. • '
(g-} "City Council" shall mesn the Cit-J Council of the City of Irvine.
(h) "Per-son" shall include any natural person, fir:n, association, partne!."Shic or
cor:ioration, whethe!' acting as a principal, agent, employee or othei:-wise, and inc!.udes
any goyernmental entit7 or charitable orsanization.
(i) "EJtablishment" shall mean any domestic or foreign cor;ioration, fir:n,
association, syndics.te, joint stock company, i;,artne!."Ship of any kind, joint venture, club,
common law tr-J.St. society or individual eng-~ed in any profession, trade, occucation and
any and ency kind of C?silin; csr.ied on for profit or othe:wise within the City; including
any governmental entirJ or charitable organization.
(j) "Licensed Hes.1th Care. Facility" shall mean any hes.1th care facility licensed
either by the State of California Depar-:ment of Hes.1th Se?."tic!!!J, pursuant to the
provisions of the Health and Safety Code, or by the United States De~artment of Hes.1th
and Human Services.
See. IV.Q-201 Prohibition on the Manufacture, Sale or Distribution of PT."Oducts
Utilizing Ozone-Depleting-Compounds.
(a) Within t.he City of Irrine, no E.stahlishmene shall use any 02:one-Depleting
Com~ound in any proc!ss or activity involving the manufacture, pro·duction,• cleansing-, • -
degressini' or sterlization of any substance or llroduct. e."tc~pt-as. ?ther•,•dse provided in--~
t.'lis seetion. : t:"l~:. ::"!'•,:~.-~.•. •
(b) Within the City oi h"nne, no Establishment shall packa;-e any product. with
rigid or fle:rible foam c:ontaining-or utilizing an Ozone-Depleting Compound, e:ccept ,as
otherwise provided in this section. • •· • ••
(c) Within the City of Ir1ine, no Establishment shall purchase, obtain, store, sell,
distribute or otherwise provide to any Pe~on any CFC food packaging-mate:ial, e:tc:ept
as otherwise provided in this seet:on.
(d) E.'"temptions:
(1) This section shall not apply to the study and/or research of the effect of
the reles:ie of Ozcne-Depleting Compounds into. the environment and/or the development
of alternative technologies, where such compounds art! necessary for conducting such
study and reses.rcn.
(2) This section shall not apply to any Ozone-Depleting Compound used as a
coolant in any refriger3.tion or air conditioning unit or system.
(3) Subsection (a) of this sect:on shall not apply to any Licensed Hes.1th
Care Facility 09ei::itect either for-profit or not for 1,Jroiit. including-any medics.l researcn
c:onduc'ted at such fac:lli~J, or to manufac,;:urers of any "drug11 and/or any medic:tl
"de•,ice 11 as the tei::ns "drJ~1' and "de'lice:t are defined in Title 21 U .s.c. s~ctions 3:! l(g)(l)
and 3:!l(h) of the F~de::ll Food, Ot"J~ and C.Jsmetic Act, but only if the m:inufacturei: is
.-equired to comply with the Good :'itanufacturing ?:-s.ctice t'equirements adopted pursuant
to Title ~l {J.S.C. s~ction 360j{f). This e:-:emption. is valid until such time :is safe and
effective alte~a.tives to the cut'!"ent uses of Ozone-De;;,leting Compounds by the
Licensed Health Care Facility or manufacture!." of drugs and/or medical de•rices are
a•railable, as dete!.":nined by the Environmental P:-og:am Coordinator and aooroved bv
Council. All manufacturei:s oi dr-Jgs and/or medic3.l devices that utilize Ozone.:Depleting
compounds shall adopt and implement a recycling system whe!."eby any Ozone-Deoleting
Compound used as a steriiant by such manufacture!."S shall be recaptured and L'ecycled in
accordance with a recycling system approved by the Environmental P:-ogram
Coordinator. Such approval shall be e~ridenced by a cer-:ificate issued by the
Environmental P:-ogram Coordinator.
(4) This section shall not apply to any person manufacturing a product or
component product under contract with any br3Ilch. of the United States Armed Foi:ces or
with any establishment under contract with such bra.11.ch where applics.ble militar-J
specifks.tions require the use of an Ozone-Depi1:tin?: Compound. Such manufacture!."
shall adopt and implement a. ret;ycling system whereby any Ozone-Depleting Compound
used as a. sterilant shall be recs.ptured and recycled in accortiance with a recycling
system approved by the Environmental P=ogram Coordinatot". Such approval shall be
evidenced by a cer-:ifics.te issued by the Environmental P:-ogram Coordinatot".
Sec. lV.l-202 Prohibition on the Use of Ozone-Depleting Compounds in
Buildini Insulation.
In the constr..iction oi any buildini or stl'ucture (commercial, industrial, residential
or other), no (lerson shall install any building insul.ation.,which._ contains. or.. utilizes an '
Ozone-Depleting Compound. Simultaneous with the ,]filing ;a~: ca::!guildlnQ".--per:nit ..:: . ., .. ,
application, the ap9licsnt shall submit a. written veriiics.ti9nicertifying:.that_;theiibuili:iing.:"'1.r':-.~.
insulation to be installed does not contain an Ozone-Depleting Compoun~. , ... •llr:·: 0!,.;_,.
Sec. r,-Q-203 Disposal of Ozone-Depleting Compounds Contained in Building
Insulation.
No per:son shall erect, construct, enlarse, alter, repair, move, improve, conve?:"!,
renovate or demolish any building or structure which requires t"emoval of e:cisting
insulation that contains an Ozone-Deplet!ng Compound without recovering and properly
disposing of such insulation in accord~.nce with the procedures adopted by the
Environmental P:-og:-:im Coordinator.
Sec. rv-Q-301 Recycling of Ozone-Depletini Compounds Useg 1as Coolants in
Refrigeration and/or Air Conditioning Units. I
All establishments that manufacture, re~air, se!."'Tice or maintain any L'efriger:ition or
air conditioning unit or system. shall adopt and implement a recyclin~ system whe?:"eby
the Ozone-Depietini Compound used as a coolant in such refrigeration or air conditioning
unit ct-svstem will not be L'eleased into the environment, but will be recs.ctured and
recycled in accordance with a recycling system approved by the Environmental P:-oir.:im
C.Jordinator. Such approval shall be evidenced by a cer-:ifics.te issued by the
Environmental P:-og:am Coordinatot".
s.ec. IV.Q-30:! Resn-ic!ion on Sale of Ozone-Depleting Compounds Used as Coolants
in Refrige!."ation and/or Air Conditioning Units.
No pe!."Son shall sell any Ozone-De9ietin11: Cvmpound for use al) a coolant in a
refri~e!."ation or air conditionini unit or sys-:em to any pe!."son wno does not ?assess and
provide evidence oJt a t::e!'~if!cate of possess:on and ope!':ition o{ ::1. :-ecyciir:~ sy$;:em.
--
Sec. [V.Q-303 Dis~osal of Refrig':!r:it!on or Air Conditioning Unit or System.
No pe~on shall dis\;]ose of or shall cs.use the disposal of any re!::~eration or air
conditioning unit or :s-ystem either in conjunct:on with the disposal of another i;,rociuct, or
in any other manne:.-, without !irst recapturing and rec7c.!ing any Ozone-Deoleting
Compound used as a coolant in said unit or system, or without first ensuring such coolant
will be ~ecs.ptured and re~ycled, in ac~ordanc:e with a recycling prcg:-am approved by the
Environmental P:og:_-3.m Coordinatoi.•.
Sec. iV.Q-401 Permit Required for Testing Fire E.ningui:'!liins Systems or
Units Which Utilize Halon.
Other t.'lan testing or training as may be r:aquired by any stat'Jte., r..tle or t"eg-,.1.lation
mandating the reles.sa of Halon, no person shall release Halon in the training of persGMe.!
or in the testing of any flre e:ttinguishing system unl.ess the owner or lessee oi the
premises has obtained a testing permit !rom the Environmental P:ogram Coordinator in
consultation with the appropriate fire su;:,pression authorities.
Sec. IV.Q-402 Reclamation of Halons from Portable Fire E:ttinguishing Systems or
Units.
All establishments that repair, ser-rice or perform maintenance on any por--..able !Ire :..~:, , _ ., ...
extinitlishiq system or unit ~hall acio9t and implement a.~e~lama~ipn ~tem whel-ebi~~~: ... ~~~~,·
any Halom wsed a.s the e:tti~ishing qent•in any such:'"~ys~~_ftl·,o.t.unit sfiall·'no_t":Oe·-:. ,.~•-·-•:-1
t:1~ssed into the en~ironment. but ~hall be rec:19tured and· r_ecyc!~i:f '?r'.~roperiy.'".ciisQ'os~d'-•:i__u; .;:1
~·' ~
or: m accordance w1th a reclamat1on system approved by ."the Env1ronmental P::ogrs.m
Co.ordinator. • •
Sec. IV.Q-501 Environmental Program Coordinator.
The City Council hereby c:es.te~ the position oi the Environmental P:oil9am
Coordinator of the Cit'/ of Irvine. The Environmental Program Coordinator shall report
to the City Manaier13 oiffoe and shall oversee and be responsible for (i) the enforcement
and administration oi the provisions of Title IV, Division Q; (ii) establishing rules and
r~ations governing the recyclini of Ozone-Depleting Compounds from re!ri;-eration
and/or air conditioning units ot" systems; (iii) providing inior:national a.ssistanc'-! to
pe~~ons seeking to implement a. rec7c.!ing p~grs.m for Ozone-Depleting Compounds used
in air conditionini' and refrigeration systems; (iv} creating-and implementing an
educs.t;onal proil's.m to provide information to local establishments, industrj . and
residents regardini the dans-ers and hazards associated with products made from or
utilizing Ozone-Depleting Compounds; (v) establishing a progl's.m to encouraie-the
. develo9ment of alternative c:hemicw and technologie, to re~lace the use of Ozone-
Depleting Com9ounds In e:risting i;,roducts: (vi} c_onsulting and cooperating with other
local. state and federal governmental a;-encies regarding the regulation . of ozone-
depieting compound:s and othe: matters aifectin;-the environment and the hes.1th, safety
and g'!ne:al welfare of the !:)Ublic; (vii) researching and inve::itis-atinS' other E:ivironmental
problems that a.ff ect the hes.1th, saf et-J and gener:1.l wel!are of the residents of the City
of rr-,ine for the pur;ose oi see!<ing-a resolution of such environmental problems; (viii)
coordinatin,r and consultinS' with other as-encies and departments within the City of
ri-:ine to facilitate the administration, a99iic:s.tion and enforc~ment of the i;,rovisions of
this Division and to address any other Envh-onmental issues whic:h af!ect the health.
safety and iener:ll welfare of the public; (i:<) :'esearching and evaluating the need for an
extettt of a technic:tl assistance rundinis mechanism to assist establishments in the
implementation of a t'ecover:, and/or recycling system and/or the proper dest:uction or
an Ozone-De9leting Com9ound, as well as to assist in the development and utilization of
saie and effect!ve alter:iative technologies; (:c) such other duties and resconsibilities as
may be direeted. The Environmental P'!.'ogram Coordinator is authorized to draf-;
reg,.ilations for submit:al to and ap9roval by the City Council and to take any and all
actions reasonable and necessary to enforce the provisions of this division Q, includin;-,
but not limited to, obtaining the pro9er 'Nar.-ant, when necessar1, in order to ins9ec: any
establishment's premises to ve!.'ify compliance with this division. U9on ado9tion of this
Ordinance, the Clt'J Manager shall take the necessarJ steps to ensure that the provisions
of this section are imolemented in conformance with: (a) division G of Title II of the
City of Irvine Code of Ordinances reg~ding the Citsfs appro•1al personnel policies,
princi9les and procedures; and (b) Section I.C-209 of Division C o'f Title I of the Cit'J of
Ir-line c.~de of Ordinances r-egarding-the Ctt:,'s budget process.
Sec~ IV.Q-502 Science Advisor-J Committee.
The City Council her~by establishes the Science Advisor-J Committee for the
purpose of assisting-and providing-information to the Environmental P:-o~m Coordinator
conce.'":ling the effects oi Ozone-Depleting Compounds and other matters reiarding the
environment and the health, safety and gene!.'al welfare oi the public. The City Manage:-
shall recommend for ,i.9proval to the Cit'J Council individuals to ser-,e as members of the
Science Advisor-/ committee. The City Manager or his or her designee shall set'"le as
c:~erson of the Committee and shall for:nulate policies and,p_roceg.µi:e~, to~i9..Y.~~""~e
operations of the Committee.
Sec. IV.Q-601 E:temption.
<' ,1 .•
Any person upon submittal of an application, payment of the appropriate processing
fee which fee shall be in acco.:-dance wtth a fee schedule ado9ted by resolution of the
Clty Council and upon a showi~ that no technicslly or ec~nomic3.lly fessible alter:tative
!or such person's use of an 0-z::,ne-Depleting compound is cur!"entiy available, may apply
for an e:-cemction from anv sec:ion or subsection of this Division. The Environmental
P:-og:-ain Coordinator, supp~rtec by findings based upon factors including-but not limited
to those factors identified below, shall recommend to the City· Council that the
e.xemption be r-ated or deniec. The City Council may either grant or deny the
a;,plic:s.tion, or rl!mand it for further re•riew. The following factors are among those to
be conside:.-ed in submitting and considering any applics.tion for an e::cemption: (1} the
technical, practical and economic viability of the alternative; (2) the health, safety and
Environmental impact of the alternative; (3) the length of time fo~ which the e::cemption
~ soug!lt and the length of time needed before a technics.Uy and economically fessibie
alte:.-nativ! can be implemented; (4) the meaaures already taken or to be taken by the
applicant to minimize and/or eliminate the release of an 02:one-De~leting Compound.
including whether and when a reclamation and/or recycling system has been or is to be
implemented. as well as the effectiveness of any such system; (5) the hardshi9 that will
result to the a9plic:ant in the e•rent the e::cemption is not granted; (6) whethett the
applicant's actions are consistent with the spirit and intent of this Division.
Sec. [V.Q-6701 Enforcement.
(a) Each and e•rer:, day a violat!on of this Division continues to e:tist shall
constitute a seoar:1te of:ensa and ·11olation. ·and e1ch violation shall be punishable in
ac~ordance with the E)rovisions of this St!•.!':ior.. •
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(b) Where a violation. has occtu::-ed, the Environmental P!"~gram Coordinator shall
call.:!e a notice of violat:c,1 to be sent to the viola:or. ff the violatol" disoutes the
vio14tion, he or she may appesl the notic• o{ violation to the Cit-/ Managor bi, filing a
written notice of a9pes.l with the Cit-J Clerk within fifteen (15) days of se!'""1foe of the
notice of violation. If requested by the violator, the City Manager shall provide a
he:lr:ni on the notice of violation within fifteen (15) days of issuance of the notice of
violation. Wit.'lin fifteen (15) days after a hearing on the notice of violation, the Clt<J
Man~'!!", based on e'lidence pr!sented, shall eithe:-eonfir:n, modif:, or dismiss the notice or violation.
(c) Any violation or the provisions of this Division shall be a 111isderneanor.
(d) rn addition to t!le penalties provided in this Section, any cti11dition ca~etl O':'
per:uitted to e:tist in violation of any or the provision:s or this Division shall be deemed a
public nui:sancs and may be a.bated by a civil action pllr3uant to state law and/ot' by the provisions of Division J oi this Title.
Sec. IV.Q-801 Se•rersbillty.
If any section, subsection, sentence, c!ause, or phrase of this division ts !or any
res.son held to be invalid or unconstitutional following a de-:ision by a court of comcetent
jurisdictfon, suc:1 decision shall not a.ff e~t the validity of the L"emaining portions of the
Division. The Ctt-1 Council hereby dec!are:s that it would h.s.ve passed~ Division.and __ -. ,,, :.~;.:'r
es.ch and e'leey sectfon, subsection, sentence, clause, Qt-.phrase• not' dec!are!.:Hnvalid•or~i :: ';:1;, ,
unconstitutional without reiard to whethe:-any othe~,.lpor;!cm~t?i.:::..Ui~.~i:O.iv.isiati::. is:-•r.1:••),:."':ri1i~ ! subsequently declared invalid or unconstitutional~ · !
~\ .\"'f • .... -:~: "• , .... ~ .. J"'! l ~ ,·) SECTION' 2. Sections IV.Q-201, 202, 301, 302, 303 and 401·:shail be effective·on JU.1.y .
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l, 1990. Sections rv.q-203 and 402 shall become effective thirt'] (30) days ·after .tne . r ,
pubilc:atfon of notice1 in compliance with Government Code Section 38333, that a
t"eclamation facilit-1 cs.pable of saiely c:Usposint of Ozone-Depleting Compounds has
become operational in the City. The remaining sections of this Ot"dinanc~ shall be ef!ective thirt;T {30) days from adoption.
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PASSED AND ADOPTED by the City Council of the City tJt Ir•tine at a t'eg<.ila:
meetini held on the 2~nd day of A.ug·1Jst, 1989.
ATTEST:
Cl'ZY CLt,.~ OF THE CIT~ VINE
STATE OF CALIFORNIA )
COUNTY OF OR.ANGE ) SS
CITY OF IRVINE )
L~--MAYOR O).' Tl:S Ct'!Y OF IRVINE 1· (I
I, NANCY C. LACEY, City Clerk of the Clty of Ir-,ine, HEREBY DO CERTIFY that
the !oreg-oing Ordinance was duly adopted at a re;ular meeting-of the City Council of the
City oi Ir-Tine on the 22nd day of August, 1989, by the followini roll cs.11 vote:
AYES:
NOES:·
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l CQUNCILMEMEERS: Sheridan
ABSENT: 0 COUNCILMEMBERS: None
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STATE OF CALIFOR.sIA )
COUNTY OF OR..\~GE ) SS
CITY OF IRVINE )
AF!IDA VIT OF POSTI.NG
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I, Nancy C. Lac~7, Cito; Clerk of the Cit'] of Il"tine, HEREBY DO CERTIFY that on .
the Lu day of September, 1989, I cs.used to have posted the !oregoing t!"Je and cor:-ect
copy of Ordfnanc~ No. 89-21 of the Clty of Ir.,ine in the !oUowing public plac~s in the
City:
l. Bulletin Board in Walnut Village Shopping Center, Culver and Walnut, frorine
2. Bulletin Board in University Park Shopping Canter, Culver at Michelson, frorine
3. Bulletin Board in Northwood Shopping-Canter, !r.,ine Boulevard at Yale, Ir-tine
u'f WIT.NESS WHEREOF, I have hereunto set my hand and afft-ced the O!!icial Seal ot
the City_ Council of the Ctty oi Ir-tine, Californ!a, the 1st day of ·se{itemo'er/1989~·-,t·; -~r i1.--,(ct,• · (. -
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September 6, 1989
TO: CITY MANAGER
FROM: Council Member Mark Pettine
Please obtain a copy of the Irvine ordinance regarding
chlorofluorocaroons and any available supporting
material. (See attached article).
Thank you.
~1~NE
Council Hember
Attachment
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l Irvine app~oves citywide ban
on ~ ~Cs by July 1~90 ,.,
Associated Pms simJlar chemicals are depleting the::
IRVINE -Foam containers, coo-Earth's ozone layer, which blocks ul~:
!ants, plasUcs and cleaners made traviolet radiation. ~~
with ozon!-depleting chlorofiuoro-While the 9rdinance was widely~
carbons will be banned citywide next supported by the business communi-:
year in. what Mayor Larry Agran ty, some industry leaders wanted the,
1 calls a local solution to a global city to take longer to-study the pr~'-'
problem. •• : • • ... • ••• po11al and to make the baa voluntary.)
The City· Council, in a 5-1 vote _ .. :f 1
Tuesday, l!.ade it illegal to buy, sell "We' think voluntary compliance
1 or use products containing CFCs should be the goal of this ordinance,'~i
after July 1990. . said Chamber of Commerce execti-.
. .Many scientists believe CFCs and tlve director Jacquie Woodworth. ~:~
-' -••f. \ \ • ~ 1,,i, , ' I 'T\ ), "~
Catl.s :1 J.1.-;.{ ,;11!uti11n t,1
pr~blcn1 .
.1ue \.i~y Council, iu a
t';;,:.i.J.u:/, 1u-:,1~ ii. lU,,~:J! if• •
it r .J:"'lt! I}l..•\iu~.,:) • •titf 1i; •
1,: 4 ... j,''/ 1.!f:1) •
t:--:--:.·t·:1:~ "' ,, /t ... :3 \,,~-t~.,-;' .....
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