Chapter 7.110
OZONE-DEPLETING COMPOUNDS

Sections:

7.110.010    Findings and intent.

7.110.020    Purpose of provisions.

7.110.030    Definitions.

7.110.040    Restrictions on use—Generally.

7.110.045    Exemptions to restrictions on use.

7.110.050    Restrictions on use—Building insulation.

7.110.060    Reclamation of halons from fire extinguishing systems or units.

7.110.070    Prohibition on sales.

7.110.080    Effective date.

7.110.090    Enforcement—Violation—Penalty.

7.110.100    Conflicting provisions.

7.110.110    Preemption of provisions.

7.110.010 Findings and intent.

The Board of Supervisors finds and declares:

(A)    Scientific evidence indicates that chlorofluorocarbons (“CFCs”), halons, and certain other compounds, when discharged into the environment, deplete the earth’s protective ozone layer, allowing increased amounts of ultraviolet radiation to penetrate the earth’s atmosphere, thereby posing a long-term danger to human health, life, and the environment by increasing such harms as skin cancers, cataracts, suppression of the immune system, damage to crops and aquatic life, and related harms.

(B)    The release of halons in testing fire extinguishing systems is a primary source of the release of halons into the earth’s atmosphere.

(C)    CFCs are widely used in refrigeration and air conditioning systems in a form commonly known as “freon.”

(D)    There is currently no economically feasible technology available as a substitute for the freon used in refrigeration and air conditioning systems, and the halon used in certain fire extinguishing systems, but methodologies and techniques exist to prevent or minimize the release of such compounds to the atmosphere.

(E)    The recapturing and recycling of freon from auto air conditioning units, for instance, could eliminate nearly 20 percent of all CFCs released within the United States.

(F)    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 became effective January 1, 1989, calls for reductions in the production, importation and exportation of CFCs to 50 percent of the worldwide 1986 levels, by 1998, and for a freeze on the production of halon at 1986 levels beginning January 1, 1992.

(G)    In light of the current and future limitations on the production of CFCs both nationally and internationally, the development and utilization of environmentally safe alternatives to CFCs at this time will create a competitive advantage to those businesses which utilize such alternatives prior to the effective date of any comprehensive international, Federal, State or local regulation banning the use of CFCs and halons.

(H)    The release of CFCs and halons into the atmosphere is a global danger to the environment. Reduction in the release of such materials within the County will reduce this global danger and will result in a benefit to the overall health and safety of the public inside and outside the County.

(I)    Recent discoveries have shown that the reductions in CFC levels set forth in the Montreal Protocol may be insufficient to remedy the global health and safety risk created from the release of CFCs and halons.

(J)    The County of Santa Cruz encourages the research and development of environmentally safe alternative technologies and products to replace the use of CFCs and halons.

(K)    The County supports all international, Federal and State bans on uses of CFCs. However, until such bans have been adopted by the appropriate agencies, responsible action on the part of the County is necessary to reduce CFC and halon use in order to promote the long-term health, safety and welfare of the general public and the environment. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990].

7.110.020 Purpose of provisions.

The purpose of this chapter is the protection of the environment, and the health, safety and welfare of the citizens of the County of Santa Cruz by prohibiting the manufacture, sale and distribution of certain products made of or with CFCs involved in the manufacturing process, and by significantly reducing the release of halons into the earth’s atmosphere. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990].

7.110.030 Definitions.

For purposes of this section, the following definitions shall apply:

(A)    “Chlorofluorocarbons” (“CFCs”) means the family of 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)    “Commercial consumer product” means any product which is packaged for distribution in commerce for personal use and consumption by the general public, and which is actually distributed in commerce for such purposes.

(C)    “Establishment” means 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 County, including any governmental entity or charitable organization.

(D)    “Halon” means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, and includes, without limitation, halon-1301, halon-1211, and halon-2402.

(E)    “Ozone-depleting compound” means any CFC, halon, the chemical compound of methyl chloroform and carbon tetrachloride.

Methyl bromide shall not be considered an ozone-depleting compound for the purposes of this chapter.

(F)    “Person” means 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.

(G)    “Rigid or flexible foam containing or utilizing an ozone-depleting compound” means any rigid or flexible foam, such as Styrofoam or thermoplastic foam, building insulation, or any other rigid or flexible foam that contains within any closed cell any ozone-depleting compound or that was produced by using an ozone-depleting compound in any manner during the manufacturing process. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990].

7.110.040 Restrictions on use—Generally.

(A)    No establishment shall use any ozone-depleting compound, except a commercial consumer product, in any process or activity involving the manufacture, production, cleansing, degreasing or sterilization of any substance or product.

(B)    After May 15, 1993, no establishment shall use any ozone-depleting compound in any process or activity involving the manufacture, production, cleansing, degreasing or sterilization of any substance or product.

(C)    No establishment shall manufacture, store, distribute, sell or use insulating materials or foam products containing or utilizing an ozone-depleting compound after January 1, 1994; or after the Administrator of the Environmental Protection Agency prohibits the manufacture, storage, distribution, sale or use of said materials or products, whichever occurs first. Products or appliances which incorporate either an insulating material or foam product as a constituent part are excluded from the provisions of this subsection. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990].

7.110.045 Exemptions to restrictions on use.

(A)    Total Consumption Exemption. No restriction or prohibition contained in SCCC 7.110.040 shall prevent the use of any ozone-depleting compound in a manufacturing process or activity in which the ozone-depleting compound is entirely consumed in a manner which prevents its release into the environment (except for trace quantities).

(B)    No Feasible Alternative Exemption. Any person or establishment may apply for an exemption for a particular use of an ozone-depleting compound where the person or establishment is able to demonstrate that no feasible alternative presently exists.

(1)    Application Procedure. After the effective date of the particular prohibition set forth in SCCC 7.110.040, the Health Officer for the County of Santa Cruz shall receive all applications for exemptions under this section. Upon receipt of an application and payment of the application fee as established by resolution of the Board of Supervisors, the Health Officer shall schedule a hearing before the Hazardous Materials Advisory Commission and shall give notice, in writing, to the applicant of the date, time and place of the hearing by personally delivering the notice to the applicant, or alternatively, by sending the notice by registered or certified mail, postage prepaid, return receipt requested. The hearing shall be scheduled no later than 30 days from the date the Health Officer receives the application for exemption, and written notice thereof by the Health Officer to the applicant shall be given not later than 15 days prior to the date set for the hearing.

(2)    Hearing Process. The application for exemption shall be heard by the Commission which may grant or deny the application, or grant the application upon conditions to be approved by the Commission. No exemption shall be granted unless the Commission is convinced, based upon evidence presented, that there is no feasible alternative to the use of the ozone-depleting compound in the specific process or activity in which use of the ozone-depleting compound is proposed. At the hearing, the applicant may appear in person or through or with legal counsel, and may present evidence which bears on the issue of whether or not there presently exists a feasible alternative to the particular use proposed for the ozone-depleting compound, and otherwise show cause why the application should be granted. In conducting the hearing, the Commission shall receive all information, evidence and testimony relevant to the application for exemption, and formal rules of evidence shall not apply. Commission hearings shall be tape-recorded and such recording along with any written materials submitted to the Commission shall be the official record of such hearings and shall be retained in the custody of the Health Officer. The Commission shall render its decision not later than 10 days following the conclusion of the hearing and a notice thereof shall be personally delivered or sent by the Health Officer to the applicant by registered or certified mail, postage prepaid, return receipt requested, not later than three days following the rendering of the decision.

(3)    Special consideration by the Board of Supervisors. In order to ensure the orderly and consistent application of this chapter in accordance with its intent, it is hereby provided that the Board of Supervisors shall consider and act on any final action taken by the Commission on an application for exemption pursuant to this section, upon the request of any member of the Board of Supervisors, provided such a request, outlining the reasons why a special consideration of the matter is appropriate, is filed in writing with the Clerk of the Board within 15 days after final action is rendered by the Commission. If such a written request signed by a Board member is filed with the Clerk of the Board within such time limits, the Clerk shall place the matter on the Board’s next consent agenda, and the Board shall set the matter for public hearing within 30 calendar days. Upon the date of the hearing, the matter shall appear on the Board’s regular agenda as a public hearing set for special consideration. The Clerk shall provide notice to the original applicant of the public hearing before the Board in the same manner as set forth in subsection (B)(1) of this section. The matter may be considered de novo by the Board, beginning with Board of Supervisor’s comments, and public testimony; or alternately, after taking public comment, the Board may direct that the matter be remanded to the Commission. Any Board member requesting such special consideration shall not be considered an appellant, and shall be fully qualified on all matters. [Ord. 5071 § 4, 2010; Ord. 4203 § 1, 1992; Ord. 4071 § 1, 1991].

7.110.050 Restrictions on use—Building insulation.

In the construction of any building or structure (commercial, industrial, residential or other), no person shall install any building insulation which contains or utilizes an ozone-depleting compound after January 1, 1994, or after the Administrator of the Environmental Protection Agency prohibits said insulation, whichever occurs first. After the prohibition has become effective, and simultaneously with the filing of a building permit application, the applicant shall submit a written verification certifying that the building insulation to be installed does not contain an ozone-depleting compound. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990].

7.110.060 Reclamation of halons from fire extinguishing systems or units.

All establishments that test, repair, service or perform maintenance on any fire extinguishing system or unit shall adopt and implement a reclamation system whereby any halons used as the extinguishing agent in any such system or unit shall not be released into the environment, but shall be recaptured and recycled or properly disposed of in a manner which prevents their release into the environment. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990. Formerly 7.110.080].

7.110.070 Prohibition on sales.

All retail sales of portable fire extinguishers which contain ozone-depleting compounds is hereby prohibited. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990. Formerly 7.110.090].

7.110.080 Effective date.

The provisions of this chapter shall be effective as of January 1, 1992, except for the provisions of SCCC 7.110.040, and 7.110.050, which shall be operative as of July 1, 1992, unless otherwise indicated. [Ord. 4203 § 1, 1992; Ord. 4169 § 1, 1991; Ord. 4068 § 1, 1990. Formerly 7.110.100].

7.110.090 Enforcement—Violation—Penalty.

(A)    Prior to the commencement of an enforcement action for a violation of SCCC 7.110.040 or 7.110.050, the County or any other person shall first comply with the following procedure:

(1)    The person or establishment alleged to be in violation of SCCC 7.110.040 or 7.110.050 must receive written notice from the alleging party specifying the exact nature of the particular violation.

(2)    The person or establishment shall then have 60 days from the date the notice is postmarked to investigate and respond to the allegation. If a violation is found and corrected, and the person or establishment is in compliance by the end of the 60-day period, no further enforcement action may take place.

(3)    The receipt by the Health Officer of the application for exemption and payment of the appropriate application fee pursuant to SCCC 7.110.045(B) shall act as a stay on any action for enforcement under this section until a final decision on the exemption application has been rendered.

(B)    The County or any person may seek and obtain, by action of any court of competent jurisdiction, an injunction or other mandatory order against a person or establishment required to comply with the provisions of this chapter.

(C)    In addition, any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $250.00. Each day the violation is committed or permitted to continue constitutes a separate offense. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990. Formerly 7.110.110].

7.110.100 Conflicting provisions.

Notwithstanding any other provision of this chapter, when any provision of this chapter conflicts with any regional, State or Federal regulation of ozone-depleting compounds, the stricter provision shall prevail. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990. Formerly 7.110.120].

7.110.110 Preemption of provisions.

The provisions of this chapter shall be null and void on the day that regional, State or Federal legislation goes into effect, incorporating either the same or more stringent provisions as are contained in this chapter, or in the event that a pertinent regional, State or Federal administrative agency issues and promulgates regulations preempting such action by the County. The Board of Supervisors shall determine by ordinance whether or not identical or substantially similar Statewide legislation has been enacted for the purposes of triggering the provisions of this section. [Ord. 4203 § 1, 1992; Ord. 4068 § 1, 1990. Formerly 7.110.130].