San Ramon Municipal Code Art. 2 Manufacture, Distribution, Sale and Recycling of Ozone-Depleting Compounds

For purposes of this article, the following definitions shall apply: Approved motor vehicle refrigerant recycling equipment shall mean equipment models which have been certified by Underwriters Laboratories to meet the Society of Automotive Engineers (SAE) standards for the extraction and reclamation of refrigerant from motor vehicle air conditioners (SAE standard J-1991). CFC food packaging means any container, carton, box, cup, lid, plate, bowl, tray or wrapping of any kind, which is or may be used to contain, package, store, insulate or serve any food and/or beverage, where any CFC has been used in the manufacturing and production of such item. Chlorofluorocarbons or CFC's 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 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. 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 city, including any governmental entity or charitable organization. Halon means any fully halogenated carbon compound containing bromine, chlorine or fluorine and includes, without limitation, Halon-1301, Halon-1211 and Halon-2402. Licensed health care facility means any health care facility licensed either by the state Department of Health Services, pursuant to the provisions of the Health and Safety Code, or by the United States Department of Health and Human Services. Ozone-depleting compound means any CFC, Halon, the chemical compounds of methyl chloroform and carbon tetrachloride or any other chemical compound hereafter designated by the city council by resolution as being an ozone-depleting compound. Person includes 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. 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 in any manner during the manufacturing process. (Ord. 202 § 1, 1991; Ord. 194 § 2 (part), 1989)

A. The use of any ozone-depleting compound in any process or activity involving the manufacture, production, cleansing, degreasing or sterilization of any substance or product is prohibited except as otherwise provided in this article. B. Within the city, the packaging of any product with rigid or flexible foam containing or utilizing an ozone-depleting compound is prohibited except as otherwise provided in this article.

City of San Ramon, CA | Municipal Code 155

C. No establishment shall purchase, obtain, store, sell, distribute or otherwise provide to any person any CFC food packaging material, except as otherwise provided in this article. (Ord. 194 § 2 (part), 1989)

This article shall not apply to: A. The study and/or research of the effect of the release of ozone-depleting compounds into the environment and/or the development of alternative technologies, where such compounds are necessary for conducting such study and research. B. Any ozone-depleting compound used as a coolant in any refrigeration or air conditioning unit or system. C. Any licensed health care facility operated either for profit or not for profit, including any medical research conducted at such facility, or to manufacturers of any drug and/or medical device, as the terms "drug" and "device" are defined in Title 21 USC Sections 321(g)(1) and 321(h) of the Federal Food, Drug and Cosmetic Act, but only if the manufacturer is required to comply with the Good Manufacturing Practice requirements adopted pursuant to Title 21 USC Section 360j(f). This exemption is valid until such time as safe and effective alternatives to the current uses of ozone- depleting compounds by the licensed health care facility or manufacturer of drugs and/or medical devices are available, as determined by the city. All manufacturers of drugs and/or medical devices that utilize ozone-depleting compounds shall adopt and implement a recycling system whereby any ozone-depleting compound used as a sterilant by such manufacturers shall be recaptured and recycled in accordance with a recycling system approved by the city. Such approval shall be evidenced by a certificate issued by the city. D. Any establishment manufacturing a product or component product under contract with any branch of the United States armed forces or with any establishment under contract with such branch where applicable military specifications require the use of an ozone-depleting compound. Such manufacturer shall adopt and implement a recycling system whereby any ozone-depleting compound used as a sterilant shall be recaptured and recycled in accordance with a recycling system approved by the city. Such approval shall be evidenced by a certificate issued by the city. E. Any person upon submittal of an application, 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 an ozone-depleting compound is currently available, may apply for an exemption from any section or subsection of this article. The city manager or his or her designee, supported by findings based upon factors including but not limited to those factors identified in this subsection, may grant the exemption. The following factors shall be considered by the city manager or his or her designee in the consideration of any application for an exemption: 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 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 that will result to the applicant in the event the exemption is not granted; and 6. Whether the applicant's actions are consistent with the spirit and intent of this article.

City of San Ramon, CA | Municipal Code 156

(Ord. 194 § 2 (part), 1989)

A. No person shall install any building insulation which contains or utilizes an ozone-depleting compound in the construction of any building or structure (commercial, industrial, residential or other). Simultaneous 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. B. No person shall erect, construct, enlarge, alter, repair, move, improve, convert, renovate or demolish any building or structure which requires removal of existing insulation that contains an ozone-depleting compound without recovering and properly disposing of such insulation in accordance with the procedures adopted by the city. (Ord. 194 § 2 (part), 1989)

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. (Ord. 194 § 2 (part), 1989)

All establishments that repair, service or perform maintenance on any portable 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 accordance with a reclamation system approved by the city. (Ord. 194 § 2 (part), 1989)

A. Each and every day a violation of this article 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 city manager or his or her designee 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 manager by filing a written notice of appeal with the city clerk within fifteen days of service of notice of violation. If requested by the violator, the city manager shall provide a hearing on the notice of violation within fifteen days of issuance of the notice of violation. Within fifteen days after a hearing on the notice of violation, the city manager, based on evidenced presented, shall either confirm, modify or dismiss the notice of violation. The decision of the city manager may be appealed to the city council pursuant to Section A1-51 of this code. C. Any violation of the provisions of this article shall be a misdemeanor. 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 article shall be deemed a public nuisance and may be abated by a civil action pursuant to state law and this code. (Ord. 194 § 2 (part), 1989) City of San Ramon, CA | Municipal Code 157

A. No person who owns or operates a facility which installs, services, repairs or disposes of motor vehicles air conditioners shall allow: 1. Any service involving the release or recharge of ozone-depleting compounds on a motor vehicle air conditioner to be performed without properly using approved motor vehicle refrigerant recycling equipment; and 2. The intentional venting or avoidable release of ozone-depleting compounds from a motor vehicle air conditioner. B. No person who owns or operates a facility which accepts motor vehicles for dismantling, scrap metal, or permanently disposal, shall allow: 1. A motor vehicle to be dismantled, sold as scrap metal, or permanently disposed of unless any ozone depleting compound has first been recovered by using approved motor vehicle refrigerant recycling equipment; or 2. The intentional venting or avoidable release of ozone-depleting compounds from a motor vehicle air conditioner. C. All sales of ozone-depleting compounds capable of being used to charge a motor vehicle air conditioner shall be prohibited except in containers with a capacity of at least fifteen pounds. (Ord. 202 § 2, 1991)

B6-69 through B6-70. - Reserved.