Findings and Purpose. | |
Definitions. | |
Authority to Adopt Rules and Regulations. | |
Prohibition on Sale of CFC Containers. | |
Prohibition on Release of CFC and Operation Without Permit. | |
Permit Requirements. | |
Violations. | |
Civil Penalties. | |
Enforcement. | |
Hearings. | |
Inspection and Administration Fees. | |
Fee Schedule. | |
Severability. | |
The Board of Supervisors finds that the release of chlorofluorocarbon (CFC) into the environment may endanger public health and welfare by causing or contributing to significant depletion of stratospheric ozone. The Environmental Protection Agency has determined that this depletion will result in health and environmental harm, including increased incidence of skin cancer and cataracts, suppression of the immune response system, and damage to crops and aquatic organisms. (Federal Register, August 12, 1988, p. 30566.) The findings adopted under Section 469 of the San Francisco Health Code on stratospheric ozone depletion, health effects and global warming due to releases of CFCs are therefore incorporated herein.
The Board of Supervisors finds that repair, replacement and dismantling of mobile air-conditioners in automobiles and trucks are major sources of CFC releases. As part of the repair, replacement and dismantling procedures, CFCs are purged from these systems to the atmosphere. After repair, mobile air conditioners are recharged with newly manufactured CFC supplied in small containers, available at retail stores in San Francisco. When additional repairs are needed, this CFC is purged from the system. Due to this cycle, manufactured CFCs are continually released to the environment. The Environmental Protection Agency has determined that approximately 25 percent of domestically consumed CFCs are used in automobiles, making this industry the largest single user of these chemicals. (Federal Register, August 12, 1988, p. 30616.)
The Board of Supervisors finds that a prohibition on the release of CFCs by businesses and government agencies that install, repair or dismantle mobile air-conditioners would be a significant benefit to the health and welfare of the people of San Francisco. The Board of Supervisors further finds that measures which lower the supply of CFC for sale in San Francisco, and which break the cycle of recharge and release from mobile air- conditioning systems, will significantly contribute to public health and welfare.
The Board of Supervisors finds, therefore, that this legislation requiring permits, inspections and installation of CFC recovery equipment for businesses which release CFCs as part of their work on mobile air- conditioning systems, and prohibiting the sale of small CFC containers, is an essential step for limiting the future release of CFCs to the environment.
(Added by Ord. 279-91, App. 7/3/91)
(a) "Approved CFC recycling equipment" means equipment certified by the Administrator of the Environmental Protection Agency pursuant to Section 609(b) of the Clean Air Act, 42 U.S.C. Section 7671h(b), or equipment which has been certified by Underwriters Laboratories or another independent standards testing authority, as meeting the standards of the Society of Automotive Engineers for equipment for the extraction and reclamation of refrigerants from motor vehicle air conditioners, including but not limited to SAE standard J-1990. Equipment purchased before the commencement of certification by Underwriters Laboratories or another independent testing organization shall be considered approved if it is substantially identical to equipment certified under the previous sentence.
(b) "Chlorofluorocarbon(s)" or "CFC(s)" means the family of substances containing carbon, fluorine and chlorine that have no hydrogen atoms and no double bonds, and which includes, but is not limited to, trichlorofluoromethane (CFC-11), dichlorofluoromethane (CFC-12), trichlorotrifluoromethane (CFC-113), dichlorotetrafluoroethane (CFC-114), and monochloropentafluoroethane (CFC-115). The term shall also include any substance listed under Section 602 of the Clean Air Act, 42 U.S.C. Section 7671(a).
(c) "Department" means the San Francisco Department of Public Health.
(d) "Director" means the Director of the San Francisco Department of Public Health or the Director's designee.
(e) "Establishment" means a single business or government operation conducted on the same or contiguous parcels of property under the same ownership or entitlement to use, and the building or buildings, appurtenant structures, and surrounding land area used by the operation at that location or site.
(f) "Motor vehicle" means any vehicle which is self-propelled, such as automobiles, trucks, and buses, and includes public transportation vehicles operated by the San Francisco Municipal Railway.
(g) "Motor vehicle air-conditioning system" means mechanical vapor compression refrigeration equipment used to cool the driver or passenger compartment of any motor vehicle.
(h) "Permit" means a document issued by the Director which authorizes a person or establishment to operate approved CFC recycling equipment in order to install, service, repair, dismantle or dispose of motor vehicle air-conditioning systems.
(i) "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, city, county, city and county, district, the State, including any department or agency thereof to the extent authorized by State law, or the United States to the extent authorized by federal law.
(j) "Release" means any leaking, pumping, venting, emptying, or discharging of CFCs to the environment by persons subject to this Article, except as authorized by a permit.
(Added by Ord. 279-91, App. 7/3/91)
The Director may adopt and from time to time amend reasonable rules, regulations and guidelines consistent with and implementing the provisions of this Article. Prior to adoption of any rule or regulation under this Article, the Director shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City and County of San Francisco of the intent to issue or amend the rule or regulation. Rules and regulations shall be approved by the Health Commission at a public hearing. In addition to the notices required by law, the Secretary of the Health Commission shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Health Commission for notice of hearings on hazardous waste regulation. Regulations promulgated by the Director and approved by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.
(Added by Ord. 279-91, App. 7/3/91)
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