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HomeMy WebLinkAboutordinance.council.047-93 ,-.. <., ~... '.' &e. ~) '~,~ - --- ORDINANCE NO. 13- (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ARTICLE II OF CHAPTER 11 OF THE MUNICIPAL CODE, ENTITLED" AIR QUALITY", TO ALLOW FOOD SERVICE ESTABLISHMENTS TO OPERATE CHAR- BROILERS FOR UP TO FOUR DAYS PER SUMMER SEASON IN A MANNER NOT IN COMPLIANCE WITH SECTION 11-2.30 OF THE MTjNICIPAL CODE, TO AMEND THE DEFINITION OF THE TERM "FOOD SERVICE ESTABLISHMENT", AND TO CLARIFY SECTION 11-2.30(b) RELATING TO CHARBROILERS INSTALLED AFTER APRIL 25, 1983, BUT BEFORE JANUARY 1, 1993. . WHEREAS, the "Air Quality" Section of the Municipal Code prohibits food service establishments from operating charbroilers except in compliance with Section 11-2.30 of the Municipal Code; and WHEREAS, Section 11-2.30 of the Municipal Code requires new charbroilers to be operated only with a control device that reduces uncontrolled PMlO emissions by at least ninety percent (90%); and WHEREAS, such emission control devices are relatively expensive and would effectively preclude the use of outdoor charbroilers even during the summer season when the air quality in the City of Aspen is normally good and PMlO concentrations are normally low; and WHEREAS, the City Council desires to allow the use of outdoor charbroilers by food service establishments for a total of four (4) days during the summer season; and WHEREAS, the United States Environmental Protection Agency, as part of its review of the Aspen Element of the State Implementation Plan in accordance with the Clean Air Act, has asked for a clarification of the Aspen Municipal Code relating to charbroilers installed between the period of April 25, 1983 and January 1, 1993; and WHEREAS, the City Council desires to clarify Section 11-2.30(b) of the Municipal Code. e (II e, '\~ '1" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I. That section 11-2.2(j) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: (j) Food service establishment shall have the same meaning as the definition for the term in Section 12-44-202 of the Colorado Revised Statutes, as amended. Section 2. That section 11-2.30 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: (a) Charbroilers installed in food service establishments on or after January 1, 1993, shall install, operate, and maintain a control device that reduces uncontrolled PMlO emissions by .at least ninety percent (90%), according to manufacturer specified removal efficiencies. This subsection (a) shall not apply to the replacement of an existing charbroiler with a charbroiler having a cooking surfaCe area that is less than or equal to the cooking surface of the charbroiler being replaced. Food service establishments with charbroilers that reopen for business after being closed for a period of six (6) months or more shall be subject to the provisions of this subsection to the same extent as food service establishments that install charbroilers on or after January 1, 1993. Control devices required by this subsection (a) shall be maintained according to manufacturer's recommended guidelines. All owners and operators of food service establishments subject to the provisions of this subsection (a) shall maintain records containing the control device's installation date, manufacturer's recommended guidelines, and the actual maintenance performed on the control device. (b) Charbroilers installed in a food service establishment after April 25, 1983, but before January 1, 1993, shall not be used to cook high-fat-content meat unless an emission control device that reduces uncontrolled PMlO emissions by at least ninety percent (90%), according to manufacturer specified removal efficiencies, is installed and thereafter operated in accordance with manufacturer's suggested guidelines or instructions. Owners and operators of food service establishments subject to the provisions of this subsection (b) who claim to serve meat that is not high-fat-content shall allow the Department to enter upon the establishment at all times reasonable for the purpose of obtaining a sample of meats prepared on the charbroiler or to review and evaluate test data maintained by the establishment illustrating the fat-content levels of the meat prepared in such establishment. 2 - ., (c) Notwithstanding any provision to the contrary as contained hereinabove, food service establishments shall be exempt from the limitations as set forth in this Section 1] -2.30 for up to four (4) days per year during a period commencing May 1 and ending October 30 so as to accommodate the utilization of outdoor charbroilcrs in food preparation. Such exemptions shall be subject to those rules and regulations as may be adopted from time to time by the City Manager to implement this subsection. Section 3. The City Manager, in consultation with the Director of the Aspen/Pitkin County Environmental Health Department, shall devise and implement such rules and regulations as deemed necessary to execute and enforce the provisions of Section ll-2.30(c) granting a limited operational exemption for outdoor charbroilers, itlcluding, but not limited to, a variance procedure for expanding the exemption limit on a case-by-case basis. All rules and regulations as subsequently adopted must be consistent with the general declaration of policy set forth at e Section] ]-2.] of Artic]e II of Chapter] 1 of the Municipal Code. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independellt provision and shall not affect the validity of the remaining portions thereof. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances a;nencicd as herein provided, and the same shall be construed and concluded undcr such prior ordinances. e 3 -- e, * ... " te Section 6. A public hearing on the ordinance shall be held on the /-5 day of ~ 1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the o?B day of .~~ ,1993. ATTEST: ~ 7, (?~- John S. Bennett, Mayor FINALLY adopted, passed and approved this/5 daYOf~.p A) . 1993. ATTEST: ~. :.-.~ 'i", t~ , John S. Bennett, Mayor airqualily.ord J~ ch, City Clerk 4