[HISTORY: Adopted by the Board of Aldermen of the City of Nashua 3-26-1991 by Ord. No. O-90-60 (Secs. 12-75 to 12-87 of the 1987 Code). Amendments noted where applicable.]
Available scientific evidence indicates that CFCs (chlorofluorocarbons), 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 to aquatic life, and related harms.
The release of halons in testing fire-extinguishing systems is a primary source of the release of halons into the earth's atmosphere.
Chlorofluorocarbons are widely used in refrigeration and air-conditioning systems in a form commonly known as "Freon."
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.
The recapturing and recycling of chlorofluorocarbons from auto air-conditioning units alone could eliminate approximately 20% of all chlorofluorocarbons used in the United States.
The Montreal Protocol on the Substances that Deplete the Ozone Layer (an international pact) which was ratified by the United States on April 21, 1988, and which becomes effective January 1, 1989, calls for reductions in the production, importation and exportation of chlorofluorocarbons to 50% of the worldwide 1986 levels by 1995, and for a freeze on the production of halon at 1986 levels beginning January 1, 1992; and was amended June 29, 1990, calling for a complete production phase-out of CFCs and halons by January 1, 2000.
In light of the current and future limitations on the production of chlorofluorocarbons both nationally and internationally, the development and utilization of environmentally safe alternatives to chlorofluorocarbons at this time will create such alternatives prior to the effective date of any comprehensive international, federal or state regulations banning the use of chlorofluorocarbons and halons.
The release of CFCs and halons into the atmosphere is a global danger to the environment, thus any reduction in the release of such materials within the City will reduce this global danger and will result in a benefit to the overall health and safety of the public inside and outside of the City.
Recent discoveries have shown that the reduction in CFCs and halon levels set forth in the Montreal Protocol are insufficient to remedy the global health and safety risk created from the release of CFCs and halons.
The City encourages the research and development of environmentally safe alternative technologies and products to replace the use of CFCs and halons.
The City supports the adoption of international, national and state bans on uses of chlorofluorocarbons; however, until such bans have been adopted by the appropriate agencies responsible action on the part of the City is necessary to reduce chlorofluorocarbon and halon use in order to promote the long-term health, safety and welfare of the general public, and the environment.
To protect the environment, and thereby the health, safety and welfare of its citizens, the City herein, by this chapter, intends to prohibit the manufacture, sale and distribution of certain products made of or with an ozone-depleting compound and to significantly reduce the release of such compounds into the earth's atmosphere.
As used in this chapter, unless the context otherwise requires.
- APPROVED REFRIGERANT RECYCLING EQUIPMENT
- Refrigerant recovery and recycling equipment models which meet the standards of the Society of Automotive Engineers (SAE) or a similar institution. Additional models must be approved by the Director of the Environmental Department of Community Health.
- AUTHORIZED AIR CONDITIONING SERVICE CENTER
- Any establishment authorized by the Director of the Environmental Department of Community Health to extract ozone-depleting compounds from motor vehicle air conditioners or refrigerators, that will be disposed of at the Nashua landfill, by using approved refrigerant recycling equipment.
- CHLOROFLUOROCARBONS or CFCs
- 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 (trichlorofluoromethane, CCl3F), CFC-12 (dichlorodifluoromethane, CF2Cl2), CFC-113 (trichlorotrifluoroethane, CFCl2CF2Cl), CFC-114 (dichlorotetrafluorothane, CClF2CCIF2), CFC-115 [(mono)chloropentafluoroethane, CF3CF2Cl]. Examples of products containing or utilizing CFCs are Freon used in air-conditioning and refrigeration units, degreasers and solvents used in the cleaning of metals and electronic components, rigid and flexible foam used as building insulating material and propellants or source of energy for aerosol containers.
- All territory within the corporate limits of the City of Nashua, County of Hillsborough, State of New Hampshire.
- Any individual domestic or foreign corporation, government agency, charitable organization, firm, association, syndicate, joint-stock company, partnership of any kind, corporation, joint venture, club, common law trust, school, society or individual engaged in any business or providing a service in the City.
- Any full halogenated carbon compound containing bromine and chlorine and/or fluorine, including halon-1211 (bromochlorodiflurormethane, CF2BrC1), halon 1301 (bromotrifluoromethane, CF3Br), halon-2402 (dibromotetrafluoroethane, C2F4Br2). Examples of products containing or utilizing halons are portable fire extinguishers.
- OZONE-DEPLETING COMPOUND
- Any chlorofluorocarbon, halon, the chemical compounds of HC-140 a (methylchloroform, 1,1, 1-trichloroethane, CH3CCI3) and FC-14 (tetrachloroethane, carbon tetrachloride, CCI4) or any other chemical compound hereafter designated by the City Aldermen by amendment to the article as being an ozone-depleting compound.
- RIGID OR FLEXIBLE FOAM CONTAINING OR UTILIZING AN OZONE-DEPLETING COMPOUND
- Any building insulation (such as urethane), or 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.
Within the City, 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, except as otherwise provided in this section.
This section shall not apply to the study and/or research of the effects 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.
This section shall not apply to any ozone-depleting compound used as a refrigerant in any refrigeration or air-conditioning unit or system.
Subsection A of this section shall not apply to any licensed health care facility where medical applications for which no safe non-ozone-depleting alternatives are available until such time that safe alternatives become available as stipulated by the Director of the Community Services Division or his or her designee.
This section shall not apply to any establishment manufacturing a product or component product under contract with any branch of the United States Armed Forces where applicable military specifications require the use of an ozone-depleting compound. Such manufacturer shall make a good faith effort to adopt and implement a recycling system whereby an ozone-depleting compound shall be recaptured and recycled.
All establishments that manufacture, install, repair, service, maintain, remove or destroy any refrigeration or air-conditioning unit or system using ozone-depleting compounds shall adopt and implement a program to prevent the intentional venting or avoidable release of refrigerants from such systems by implementing a recovery and recycling program whereby the ozone-depleting compound used as a refrigerant is recaptured and recycled by using approved refrigerant recycling equipment.
No establishment or scrap yard which recycles or disposes of any motor vehicle refrigeration or air-conditioning system containing an ozone-depleting compound, either in conjunction with disposal of another product, or in any other manner, shall do so without first recapturing and recycling any ozone-depleting compound used as a refrigerant in such unit. Any such unit, being accepted for permanent disposal at the City landfill, must have refrigerant removed by an authorized air-conditioning service center prior to acceptance and before crushing, selling, shredding or otherwise destroying such unit.
No establishment shall sell, offer for sale, trade or transfer any ozone-depleting compound for use as a refrigerant in a motor vehicle refrigeration or air-conditioning unit or system in a container designed to hold less than 20 pounds.
No establishment shall manufacture or sell any aerosol container that uses an ozone-depleting compound as a propellant or source of energy including plastic party streamers and novelties, propelled noise horns, cleaning solutions, drain plungers, consumer electronics or photographic equipment. The sale of medical products may be exempted from this section, as stipulated by the Director of the Environmental Health Department.
Effective January 1, 1995, in the new construction or renovation of any building or structure (commercial, industrial, residential, or other), no establishment shall install any building insulation which contains an ozone-depleting compound. Simultaneous with the filing of a building permit application, the applicant shall submit a written verification to the Director of the Code Enforcement Department or his or her designee, certifying that the building insulation to be installed does not contain an ozone-depleting compound.
Except as required by statute, rule or regulation mandating the release of halon, no establishment shall release halon from a fire-extinguishing system in the training of personnel or in the testing of any fire-extinguishing system.
No establishment shall sell, offer for sale, install, distribute, trade or transfer any fire extinguisher which contain halons or other ozone-depleting compounds without being presented by the customer with a permit from the Chief of the Fire Department or his or her designee. Permits will be available for aviation uses, for protection of electrical equipment, or when the applicant can demonstrate to the Chief of the Fire Department that no technically feasible, economically sound, or environmentally safe alternative exists.
All establishments that repair, service or perform maintenance on any fire-extinguishing system containing halons shall adopt and implement a reclamation system whereby any halons used as the extinguishing agent 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 Chief of the Fire Department or his or her designee.
The Director of the Environmental Health Department, or his or her designee, shall administer §§ 208-3 through 208-7 and is authorized to adopt implementing and administrative regulations and to take any and all actions reasonable and necessary to enforce this chapter, including, but not limited to, inspection of any establishment's premises to verify compliance with this chapter.
The Director of the Code Enforcement Department, or his or her designee, shall be responsible for the administration of § 208-8, including compiling a list of acceptable alternative building insulation materials to rigid foam insulation containing ozone-depleting compounds.
The Chief of the Fire Department, or his or her designee, shall be responsible for the administration of §§ 208-9 through 208-11, and shall establish such rules and regulations as are reasonable and necessary to enforce and administer these sections, including rules required to implement the permit program authorized in § 208-10.
Upon a showing by any establishment to the responsible official that no technically feasible alternative for such use of an ozone-depleting compound is currently available, the Director of such Department or his or her designee, upon finding that there is no technically feasible alternative for such use, may grant an exemption from any section or subsection of this chapter. No exemptions shall be granted from the prohibition on the manufacture of ozone-depleting compounds.
Any establishment or person found guilty of violating any provision of this chapter shall be punishable as provided in § 1-12 of the City Code or as otherwise authorized by law or in equity.