Chapter 7.32
AIR CONDITIONING COOLANT RECYCLING
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Sections:
7.32.010 Definitions.
7.32.020 Recycling of ozone-depleting compounds used as coolants in refrigeration and/or air conditioning units.
7.32.030 Restriction on sale of ozone-depleting compounds used as coolants in refrigeration and/or air conditioning units.
7.32.040 Disposal of refrigeration or air conditioning unit or system.
7.32.050 Exemption.
7.32.060 Enforcement.
7.32.070 Impact – Policy – Deferred enforcement.
7.32.010 Definitions.
A. "Chlorofluorocarbons" or "CFCs" shall mean the family 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. Examples of products containing or utilizing chlorofluorocarbons are "Freon" 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 material and insulating material, and flexible foam used in car seats, bedding and furniture.
B. "Ozone-depleting compound" shall mean any CFC, the chemical compound of methyl chloroform and carbon tetrachloride or any other chemical compound hereafter designated by the city council by amendment to this chapter, as being an "ozone-depleting compound."
C. "City" shall mean all territory within the corporate limits of the city of Sonoma, state of California.
D. "City council" shall mean the city council of the city of Sonoma, state of California.
E. "Person" shall include any natural person, firm, association, partnership or corporation, whether acting as a principal, agent, employee or otherwise, and includes any governmental entity or charitable organization.
F. "Establishment" shall mean any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, common law trust, society or individual engaged in any profession, trade, occupation and any and every kind of calling carried on for profit or otherwise within the city, including any governmental entity or charitable organization. (Ord. 90-11 § 1, 1990).
7.32.020 Recycling of ozone-depleting compounds used as coolants in refrigeration and/or air conditioning units.
All establishments which manufacture, repair, service or maintain any refrigeration or air conditioning unit or system shall adopt and implement a recycling system whereby the ozone-depleting compound used as a coolant in such refrigeration or air conditioning unit or system will not be released into the environment but will be recaptured and recycled in accordance with a recycling system approved by the city council. Such approval shall be evidenced by a certificate issued by the city council. (Ord. 90-11 § 2, 1990).
7.32.030 Restriction on sale of ozone-depleting compounds used as coolants in refrigeration and/or air conditioning units.
No person shall sell ozone-depleting compounds for use as coolant in a refrigeration or air conditioning unit or system to any person who does not possess and provide evidence of a certificate of possession and operation of a recycling system. (Ord. 90-11 § 3, 1990).
7.32.040 Disposal of refrigeration or air conditioning unit or system.
No person shall dispose of or shall cause the disposal of any refrigeration or air conditioning unit or system either in conjunction with the disposal of another product, or in any other manner, without first recapturing and recycling any ozone-depleting compound used as a coolant in said unit or system, or without first ensuring such coolant will be recaptured and recycled in accordance with a recycling program approved by the city council. (Ord. 90-11 § 4, 1990).
7.32.050 Exemption.
Any person upon submittal of an application and payment of the appropriate processing fee, which fee shall be in accordance with a fee schedule adopted by resolution of the city council, and upon a showing that no technically or economically feasible alternative for such person’s use of any ozone-depleting compound is currently available, may apply for an exemption from any section or subsection of this chapter. The fire chief, supported by findings based upon factors including but not limited to those factors identified below, shall recommend to the city council that the exemption be granted or denied. The city council may either grant or deny the application or remand it for further review. The following factors are among those to be considered in submitting and considering any application for an exemption: (1) the technical, practical and economical viability of the alternative; (2) the health, safety and environmental impact of the alternative; (3) the length of time for which the exemption is sought and the length of time needed before a technically and economically feasible alternative can be implemented; (4) the measures already taken or to be taken by the applicant to minimize and/or eliminate the release of an ozone-depleting 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 hardship which will result to the applicant in the event the exemption is not granted; (6) whether the applicant’s actions are consistent with the spirit and intent of this chapter. (Ord. 90-11 § 5, 1990).
7.32.060 Enforcement.
A. Each and every day a violation of this chapter continues to exist shall constitute a separate offense and violation, and each violation shall be punishable in accordance with the provisions of this section.
B. Where a violation has occurred, the fire chief shall cause a notice of violation to be sent to the violator. If the violator disputes the violation, he or she may appeal the notice of violation to the city council by filing a written notice of appeal with the city clerk within 15 days of service of the notice of violation. If requested by the violator, the fire chief shall schedule a hearing before the city council within 15 days of issuance of the notice of violation. Within 15 days after the hearing, the fire chief shall notify the petitioner of the city council’s decision to either confirm, modify or dismiss the notice of violation.
C. The first violation of the provisions of this chapter shall be deemed an infraction. The second and subsequent violation of the provisions of this ordinance in any one calendar year shall be a misdemeanor and punishable as such.
D. 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 pursuant to state law and/or by the provisions of this code. (Ord. 90-11 § 6, 1990).
7.32.070 Impact – Policy – Deferred enforcement.
The ordinance codified in this chapter was reviewed in July of 1990 as a policy statement of the city council. The city council recognizes the limited impact which the city council’s adoption of this ordinance would have upon the regional problem of ozone depletion and degradation of air quality. Recognizing those limitations, the city council recognizes this proposed ordinance as a policy statement but defers enforcement until such time as the county of Sonoma adopts an ordinance which is similar in intent as well as content. The city shall then publish a "Notice of Intent to Enforce Ordinance Requiring Recycling of Freon and Other Air Conditioning Coolants in Automobiles" in a newspaper of general circulation, published and circulated in the city at least 30 days before the effective date of the date of enforcement. (Ord. 90-11 § 8, 1990).