4800 West 92nd Avenue Westminster, CO 80031

City Government

 

6. Air Pollution Control

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06/13

CHAPTER 6

AIR POLLUTION CONTROL

8-6-1:   OPEN BURNING
8-6-2:   INCINERATOR BURNING
8-6-3:   EMISSIONS
8-6-4:   VIOLATIONS
8-6-5:   GASOLINE POWERED ENGINES REGULATED:  GENERAL; PURPOSE
8-6-6:   DEFINITIONS
8-6-7:   EMISSIONS FROM GASOLINE POWERED ENGINES
8-6-8:   SUMMONS FOR VIOLATION
8-6-9:   PROHIBITED ACTS
8-6-10:  NUISANCE
8-6-11:  OFFENSES; PENALTY
8-6-12:  ADOPTION OF STATE PROVISIONS
8-6-13:  LEGISLATIVE INTENT
8-6-14:  RESTRICTION ON FIREPLACE INSTALLATIONS
8-6-15:  RESTRICTION ON WOOD-BURNING DEVICES
8-6-16:  CERTIFICATION REQUIRED

8-6-1:  OPEN BURNING:   (544 1999)

(A)  It shall be unlawful for any person to burn or permit to be burned on any open premises owned or controlled by him or on any public street, alley or other land adjacent to such premises, any rubbish, waste paper, wood, or other flammable material, unless a permit therefor shall first have been obtained from The Westminster Fire Department. 

(B)  The granting of any such permit shall be in accord with the standards established in Article 11 of the Uniform Fire Code as adopted by the City.  Permits shall be required for all open or outdoor fires, including but not limited to, burning in the course of any agricultural operation in the growing of crops as a gainful occupation, and fires used for instructional or recreational purposes. 

(C)  The provisions of this Section shall not apply to: 

1.  Fires used for noncommercial cooking of food for human beings such as barbecues.

2.  Smokeless flares, or safety flares for the combustion of waste gases.

3.  Flares used to indicate some danger to the public.

8-6-2:  INCINERATOR BURNING:  (544 1999) It shall be unlawful for any person to burn any combustible refuse in any incinerator within the City except in accord with the terms of a permit issued by The Westminster Fire Department for an approved multiple chamber incinerator or in equipment equally effective for the purpose of air pollution control as an approved multiple chamber incinerator. 

8-6-3:  EMISSIONS:  (1999) It shall be unlawful for any person in the City to fail to comply with the emission standards or air pollution standards established by the Tri-County Health Department or the Jefferson County Health Department, as applicable, or established by the State of Colorado or Federal Statutes or regulations.  If such standards are in conflict, the most restrictive standard shall apply.

 8-6-4:  VIOLATIONS:  (1999) It shall be unlawful for any person to violate any of the provisions of this Chapter.  Any person found guilty of violating any of the provisions of this Chapter shall, upon conviction thereof, be fined or imprisoned or fined and imprisoned as specified in Section 1-8-1 of this Code.  Each day that a violation of any of the provisions of this Chapter continues to exist shall be deemed to be a separate and distinct violation. 

8-6-5:  GASOLINE POWERED ENGINES REGULATED:  GENERAL; PURPOSE: (1051 1999) This Ordinance is enacted to protect, preserve and promote the health, safety and welfare of the citizens of the City of Westminster through the reduction, prevention and control of air pollution.  It is the intent of this Ordinance to establish and provide for the enforcement of air quality standards which will assure that ambient air be adequately pure and free from smoke, contamination, pollutants or synergistic agents injurious to humans, plant life, animal life or property, or which interfere with the comfortable enjoyment of life or property or the conduct of business. 

8-6-6:  DEFINITIONS:  (1051 1999) The following definitions shall apply in the interpretation and enforcement of this Section and all regulations adopted hereunder. 

(A)  Air Contaminant (Pollutant) shall mean any fume, odor, smoke, particulate matter, vapor, gas or any combination thereof, but not including water vapor or steam condensate.

(B)  Air Pollution shall mean the presence in the outdoor atmosphere of one or more air contaminants.

(C)  Ambient Air shall mean the surrounding or outside air.

(D)  Atmosphere shall mean the air that envelops or surrounds the earth.

(E)  Emission or Emit shall mean to discharge, release or to permit or cause the discharge of or release of one or more air contaminants into the atmosphere.

(F)  Engine shall mean any internal combustion machine such as is found in motor vehicles which utilize gas or liquid fuel for combustion energy.

(G)  Nuisance shall mean the doing of or the failure to do something which allows or permits air contaminants to escape into the open air which are or tend to be detrimental to the health, comfort, safety, or welfare of the public, or which causes or tends to cause substantial annoyance, inconvenience, or injury to persons exposed thereto, or causes or tends to cause damage to property.

(H)  Person shall mean any person, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user or owner and shall include any municipal corporation, State or Federal Government agency, district or any officer or employee thereof.

(I)  Shall or must are words which shall be deemed to be mandatory.

8-6-7:  EMISSIONS FROM GASOLINE POWERED ENGINES:  (1051 1185 1999) No persons shall emit from any gasoline powered engine any visible air contaminate(s).  Such emissions that are a direct result of cold engine start up shall be exempt. 

8-6-8:  SUMMONS FOR VIOLATION:  (1051 1999) When a gasoline engine is found to be emitting air contaminants in violation of this Section, a summons shall be served on the owner or operator thereof, requiring an appearance in Municipal court on the regular court arraignment date next closest to the expiration of forty (40) days thereafter, to answer charges of violation of this Ordinance. 

(A)  Within the period set forth above the person summoned shall either repair the engine to comply with the standards of this Ordinance or cease operating the vehicle within the City of Westminster. 

(B)  Presumption.  It shall be presumed that any vehicle operating in violation of Section 8-6-7 above with respect to visible air contaminants is also emitting non visible air contaminants. 

(C)  Repair and Testing.  If, prior to the court appearance date, the vehicle which is the subject of the summons issued pursuant to Section 8-6-8 above, is repaired and found to be in compliance with all State vehicle air pollution standards after a test administered by any vehicle test facility of the Colorado Air Pollution Control Commission, the summons shall be dismissed without further proceedings.  Such compliance shall be evidenced by an appropriate written document from the test facility. 

8-6-9:  PROHIBITED ACTS:  (1388 1999)

(A)  It shall be unlawful for any owner to operate or to permit operation of any gasoline engine found to be in violation of the standards set forth in Section 8-6-7. 

(B)  It shall be unlawful for any person to misrepresent or give any false or inaccurate information or in any other way attempt to deceive a licensed repair garage or the Department in order to avoid compliance with the provisions of this Section. 

(C)  It shall be unlawful for any licensed repair garage or its agents to misrepresent any fact, falsely certify any repair or in any other way attempt to mislead the Department into believing that air pollution standards are being met. 

(D)  It shall be unlawful for any person to drive, stop, park, or for the owner or person in charge of any vehicle to cause or knowingly permit to be driven, stopped or parked on any street or highway within the City of Westminster, any vehicle which is required under the laws of the State of Colorado to be inspected pursuant to the automobile inspection and readjustment program, established pursuant to sections 42-4-306.5 to 42-4-316, C.R.S., as amended, unless such vehicle has been inspected at an authorized inspection station and has attached thereto, in proper position, a valid and unexpired certification of emissions control, as required by the laws of the State of Colorado. 

1.  In any prosecution of the provisions of this section, proof that the vehicle described in the complaint was driven, parked or stopped in violation of this section, together with proof that the defendant named in the complaint was at the time of such driving, stopping or parking, a registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who drove, parked, stopped or knowingly permitted to be driven, stopped or parked, such unattended vehicle at the place where, and for the time which such violation occurred.

2.  Any person who violates any provision of subsection (D) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars ($25) or more than the amount specified in Section 1-8-1 of this Code.

3.  An officer coming upon an unattended vehicle in the City which is in apparent violation of this section (D) may place upon such vehicle a penalty assessment notice, indicating the offense and directing the owner or operator of such vehicle to remit a penalty assessment of twenty-five dollars ($25) to the City of Westminster.

8-6-10:  NUISANCE:  (1051 1999) It shall be unlawful for any person to permit a vehicle to emit air contaminants which constitute a nuisance as defined in Section 8-6-6 (G) hereof. 

8-6-11:  OFFENSES; PENALTY: (1051 1563 1999 2000)

(A)  Any person who shall violate any provision of this Section or any provision of any rule or regulation adopted hereunder shall be guilty of a misdemeanor.  Each provision violated shall be deemed a separate offense.  Each day's violation shall be deemed a separate offense. 

(B)  Any person guilty of an offense may be fined as specified in Section 1-8-1 of this Code. 

8-6-12:  ADOPTION OF STATE PROVISIONS:  (1051 1999) The provisions of Colorado Revised Statutes, as amended, Sections 25-7-115 through 25-7-118 inclusive are hereby adopted and incorporated herein by reference thereto as though herein set out in full, so far as applicable.

8-6-13  LEGISLATIVE INTENT:  (2092) The City Council finds and declares that air pollution is a threat to the health and welfare of Westminster citizens and that a major contributor to said pollution is wood smoke.  The City Council further finds that new technologies can reduce pollution caused by woodburning and that the Colorado Air Quality Control Commission has established standards utilizing these new technologies for wood burning devices.  Therefore, the City Council finds that it is necessary to implement restrictions to reduce wood smoke emissions from wood-burning devices and to encourage the use of less polluting devices by the prohibition of the sale, installation or remodeling of fireplaces which do not meet the standards of the new technology. 

8-6-14 RESTRICTION ON FIREPLACE INSTALLATIONS:  (2092 3683)

(A)   Any new or remodeled fireplace to be installed in any dwelling in the City shall be one of the following:

            1.   a gas appliance;
            2.   an electric device; or
            3.  a fireplace or fireplace insert that meets the most  stringent emissions standards for wood stoves established by the Colorado Air Quality Control Commission, or any other clean burning device that is approved by the Commission.

8-6-15 RESTRICTION ON WOOD-BURNING DEVICES:  (2092 3683) No used wood-burning device shall be sold or installed in the City unless such device meets the most stringent standards adopted by the Colorado Air Quality Control Commission. 

8-6-16 CERTIFICATION REQUIRED:  (2092 3683) No person shall install, offer to install, advertise to sell, offer to sell, or sell a new fireplace in the City unless: 

            (A)  the particular model of the fireplace or the particular configuration of the fireplace has been certified by the Colorado Air Pollution Control Division; and

            (B)  an emission certification label is attached to the fireplace.

            (C)  Any person who installs or constructs any fireplace shall provide evidence of a certificate issued by the Colorado Air Pollution Control Division for such fireplace.

            (D)  Any person who constructs a site-built fireplace shall demonstrate compliance with the certificate, including an inspection by the Building Official of the fireplace after installation.

 

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