[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.]
A.
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.
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.
Chlorofluorocarbons 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.
E.
The recapturing and recycling of chlorofluorocarbons
from auto air-conditioning units alone could eliminate approximately 20% of
all chlorofluorocarbons used in the United States.
F.
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.
G.
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.
H.
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.
I.
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.
J.
The City encourages the research and development of environmentally
safe alternative technologies and products to replace the use of CFCs and
halons.
K.
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.
L.
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.
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.
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.
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.
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.
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.
A.
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.
B.
Exemptions:
(1)
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.
(2)
This section shall not apply to any ozone-depleting compound
used as a refrigerant in any refrigeration or air-conditioning unit or system.
(3)
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.
(4)
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.
A.
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.
B.
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.
C.
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.
D.
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.
