Section 10-12-1. Title. This Article 12 of Chapter 10 of the Municipal Code shall be known and cited as the Northglenn Asbestos Control Ordinance.

[Source: Ord. 864, 1987]

Section 10-12-2. Legislative Declaration. The City Council hereby finds that exposure to airborne asbestos fibers and particles has been linked by reputable medical and scientific authorities to a significant increase in the incidence of diseases such as asbestosis, bronchogenic carcinoma, mesothelioma, and other malignancies and that substantial amounts of materials containing asbestos have been used in buildings for fireproofing, insulation, soundproofing, decorative and other purposes. The Council further finds that the predominant cause of asbestos becoming airborne is due to the performance of building renovation and demolition without adequate procedures for the removal, transport, storage and disposal of asbestos material for the protection of workers and the general public. Therefore, it is the purpose of this ordinance to safeguard the public health by establishing certain requirements as to the removal, transportation, storage and disposal of materials containing asbestos.

[Source: Ord. 864, 1987]

Section 10-12-3. Definitions. As used in this Article 12, the following terms shall have the following meanings:

"Asbestos" shall mean any hydrated mineral silicate separable into commercially usable fibers, including but not limited to chrysotile (serpentine), amosite (cumingtonite-gruneute), Crocidilite (riebeckite), tremolite, anthophyllite and actinolite.

"Asbestos containing material" or "ACM" shall mean materials containing asbestos in an amount greater than 1% by weight or volume, either alone or mixed with fibrous or non-fibrous materials.

"Asbestos containing waste material" shall mean any waste that contains asbestos including asbestos mill tailings, asbestos containing material, asbestos waste from control devices, friable asbestos waste material, and bags or containers that previously contained asbestos containing materials. As applied to demolition and renovation operations this term includes only friable asbestos waste and asbestos waste from control devices.

"Asbestos project" shall mean any form of work performed in connection with the renovation or demolition of a building or structure which will disturb friable asbestos containing material in any quantity.

"Demolition" shall mean the wrecking or taking out of any load supported structural member of a facility together with any related handling operations including but not limited to the transportation, storage or disposal of asbestos containing materials.

"Emission permit" shall mean a document issued by the State of Colorado allowing an individual or business to engage in operations that could potentially generate any air pollutant.

"Facility" shall mean any institutional, commercial, industrial, or residential structure, installation, or building.

"Facility component" shall mean any pipe, duct, boiler, tank reactor, turbine, or furnace at or in a facility; or any structural member of a facility.

"Friable asbestos material" shall mean any material containing more than 1% asbestos by weight or volume that hand pressure can crumble, pulverize, or reduce to powder when dry, or any asbestos containing material that can reasonably be expected as a result of the demolition or renovation to be undertaken, to become pulverized through breaking, chipping, crumbling, crushing, or other means of rendering fibers available to the ambient air.

"Renovation" shall mean altering or modifying in any way a facility or one or more facility components. Operations in which load-supporting structural members are wrecked or taken out are excluded.

"Store" or "storage" shall mean keeping or holding any quantity of ACM for any period of time other than the keeping or holding of ACM at an asbestos project site for a period not to exceed seven (7) calendar days.

To the extent not otherwise defined in this Article 12, the definitions of terms contained in Regulation No. 8 of the Colorado Air Quality Control Commission shall apply.

[Source: Ord. 864, 1987]

Section 10-12-4. Asbestos Projects--Permit Required. It shall be unlawful for any person to commence or engage in any asbestos project within the City of Northglenn without first obtaining a permit for such asbestos project from the building official of the City. No City of Northglenn building permit shall be issued until the applicant for such permit has either received a permit pursuant to this Article or represented that the work for which the building permit is sought does not involve an asbestos project.

[Source: Ord. 864, 1987]

Section 10-12-5. Asbestos Projects--Application for Permit.

An application for an asbestos project permit shall be submitted to the building official of the City at the same time as the application for a building permit on forms provided by the building official, together with an application fee of $60.00.

The application shall contain the following information:

The names, street addresses and telephone numbers of the applicant, the general contractor on the project, the owner of the property on which the project will take place and the street address of such property if different from the address of the owner;

A description of the protective clothing and respirators that the applicant will use during the asbestos project;

The name, street address and telephone number of any person who will transport ACM from the asbestos project site;

The name, street address and telephone number of each asbestos storage site to be used in relation to the asbestos project;

The name, street address and telephone number of each asbestos disposal site to be used in relation to the asbestos project;

A description of the site decontamination procedures that the applicant will use in relation to the asbestos project;

A description of the removal and encapsulation methods for any ACM encountered during the asbestos project;

A description of the procedures to be used for handling ACM encountered during the asbestos project;

A description of the air monitoring procedures to be employed during the asbestos project;

A description of the procedures to be used in cleaning up after the completion of the asbestos project;

Proof of general liability insurance with policy limits of not less than $1,000,000 single limit;

The signature of the applicant;

A copy of the notification required by Section 11.B.5. of Regulation No. 8 of the Colorado Air Quality Control Commission or, if no such notification is required pursuant to said regulation, the information which would otherwise be contained in such notification; and

Any other information which the building official may require.

It shall be unlawful for any holder of an asbestos project permit to omit, alter or fail to perform on any asbestos project any work or procedure which such person has represented will be performed in the application for such permit.

[Source: Ord. 864, 1987]

Section 10-12-6. Asbestos Projects--Compliance with Applicable Laws and Regulations. Any person engaged in an asbestos project shall, throughout the course of such project, comply in all respects with all federal, state and local laws and regulations including but not limited to all regulations promulgated by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, and the Colorado Air Quality Control Commission.

[Source: Ord. 864, 1987]

Section 10-12-7. Asbestos Transport. Any person transporting ACM in or through the City of Northglenn shall comply in all respects with all applicable federal, state and local laws and regulations applicable to such transportation, including but not limited to all regulations promulgated by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, and the Colorado Air Quality Control Commission.

[Source: Ord. 864, 1987]

Section 10-12-8. Asbestos Storage--Permit Required. It shall be unlawful for any person to store any quantity of ACM in the City of Northglenn without first obtaining a permit for such storage from the building official of the City.

[Source: Ord. 864, 1987]

Section 10-12-9. Asbestos Storage--Application for Permit.

An application for an asbestos storage permit shall be submitted to the building official of the City prior to the commencement of any storage of ACM in the City by the applicant, together with an application fee of $100.00. Each asbestos storage permit shall expire one (1) year from the date of its issuance.

The application shall contain the following information:

The name, street address and telephone number of the applicant;

The name and location of the storage site;

A statement as to the maximum amount of ACM to be stored at any one time;

A description of the containers in which the ACM will be stored;

A description of the enclosure in which the containers of ACM will be stored;

A description of the procedures to be used for handling the ACM containers;

Copies of all reports, notices or documents filed by applicant with any other federal, state or local government or agency relating to the storage of ACM;

Any other information which the building official may reasonably require.

It shall be unlawful for any holder of an asbestos storage permit to omit, alter or fail to perform as to the storage of ACM any work or procedure which such person has represented will be performed in the application for such permit.

[Source: Ord. 864, 1987]

Section 10-12-10. Asbestos Storage--Compliance with Applicable Laws and Regulations. Any person engaged in the storage of asbestos shall, at all times, comply in all respects with all applicable federal, state and local laws and regulations applicable to such storage, including but not limited to all regulations promulgated by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, and the Colorado Air Quality Control Commission.

[Source: Ord. 864, 1987]

Section 10-12-11. Permits--Revocation, Suspension and Denial. The building official may revoke, suspend or deny any permit provided for in this Article if he finds that the permit holder is responsible for any one or more of the following acts or omissions:

Failure to comply with any of the provisions of this Article;

Violation of any other local, state or federal law or regulation relating to asbestos; or

Any misrepresentation, falsehood, or omission contained in the application for such permit.

[Source: Ord. 864, 1987]

Section 10-12-12. Revocation and Suspension--Procedure. If the building official determines that a permit issued pursuant to this Article should be revoked or suspended under the terms of this Article, the procedure therefore shall be as provided in Section 18-1-7 of the Municipal Code. For purposes of such Section 18-1-7, the Director of Community Development shall be deemed the "licensing authority."

[Source: Ord. 864, 1987]

Section 10-12-13. Rules and Regulations. The building official is hereby authorized and directed to promulgate rules and regulations in accordance with the rule-making procedures contained in Section 3-6-2 of the Municipal Code, not inconsistent with this Article, governing the removal, storage, transportation and disposal of ACM so as to promote the health or safety of the permittee, its employees and the public.

[Source: Ord. 864, 1987]

Section 10-12-14. Violations--Public Nuisance. Violations of any of the provisions of this Article are declared to be public nuisances pursuant to Article 1, Chapter 9 of this Municipal Code and may be abated or enjoined in accordance with said Article.

[Source: Ord. 864, 1987]

Section 10-12-15. Violations--Penalty.

Violations of any of the provisions of this Article is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

Any subsequent violation of the same provision of this article shall be punishable by a fine of not more than $300.00 or by imprisonment in the City or County jail for not more than ninety days, or by both such fine and imprisonment, unless otherwise provided by ordinance or statute. Each day such violation is allowed to continue shall be deemed a separate offense.

[Source: Ord. 864, 1987; 1801, 2020]

Section 10-12-16. Severability Clause. If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.

[Source: Ord. 864, 1987]