HomeMy WebLinkAbout2018-20 Amending Section 5-3-2 to Modifu the Definition of a Certified Solid Fuel Buring Device Concerning Air QualityORDINANCE NO. 20
SERIES 2018
AN ORDINANCE AMENDING SECTION 5-3-2 OF THE VAIL TOWN
CODE TO MODIFY THE DEFINITION OF A CERTIFIED SOLID FUEL
BURNING DEVICE CONCERNING AIR QUALITY
WHEREAS, on August 6, 1991 the Vail Town Council adopted Ordinance 21,
Series of 1991, setting forth certain provisions to control air pollution within the Town;
WHEREAS, the Colorado Department of Public Health and Environment
(CDPHE) and the Environmental Protection Agency (EPA) have adopted stricter
standards than the existing regulations in the Town of Vail;
WHEREAS, the existing regulations are obsolete and need to be updated to
reflect current community needs and priorities;
WHEREAS, amending the regulations will provide a benefit to residents and
visitors to Vail through improved air quality;
WHEREAS, the proposed amendments are supported by the Town of Vail's
2009 Environmental Sustainability Strategic Plan; and
WHEREAS, on November 20, 2018, the Vail Town Council held a properly -
noticed public hearing on the proposed amendments to Section 5-3-2 of the Vail Town
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-3-2 of the Vail Town Code shall be amended as follows
(text that is to be added is shown in bold. Text that is stricken is shown in ctrikethFO inh)
is hereby repealed in its entirety and reenacted as follows:
5-3-2: DEFINITIONS:
CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which
is certified by the environmental protection agency and by the air pollution control
division of the Colorado department of public health and environment to produce
seveR and five-teRthS grams (7.5 ^` not more than four and five -tenths grams
(4.5 g) of particulates per hour oNess, or to meet the current environmental
protection agency standard, whichever is more restrictive. This shall include
both catalytic and noncatalytic phase II stoves as well as pellet burners and any
other technology which can be shown to meet these emission criteria.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of November, 2018 and
a public hearing for second reading of this Ordinance is set for the 20th day of
November, 2018, in the Council Chambers o the Vail Munic' al Building, Vail,
Colorado. ( /1 A ,I n
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READ Alib APPRov COND READING INDORDE ED PUBLISHED
this 20th day of November+
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