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TC Ord. No. 2001-10 Amending chapter 8.31 of the avon muni code relating to odor pollutionORDINANCE NO. 01 - 10 AN ORDINANCE AMENDING CHAPTER 8.31 OF THE AVON MUNICIPAL CODE RELATING TO ODOR POLLUTION BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 8.31.030 of the Municipal Code of the Town of Avon is hereby repealed and reenacted to provide as follows: 8.31.030 Odor Violations. (a) It shall be deemed an unlawful nuisance for any person to cause or permit the emission of odorous air contaminants or particulate air contaminants from any source such as to result in detectable odors and/or particulate emissions within the Town of Avon which leave the premises upon which they originated and which interfere with the reasonable and comfortable use and enjoyment of property. An odor shall be deemed to interfere with reasonable and comfortable use and enjoyment of property if it meets or exceeds any of the following limits: (1) It is a violation if odorous contaminants are detected when one (1) volume of the odorous air has been diluted with seven (7) or more volumes of odor-free air, as measured by the Barnaby Chaney Scentometer or any other instrument or device designated by the Colorado Air Pollution Control Division, as so shown by a certificate from the Division, which said certificate shall be admitted in evidence as a self- authentication document. Personnel shall be certified and equipment shall be certified and maintained in accordance with the manufacturer's specifications and recommendations and the Colorado Air Pollution Control Division. (2) It is a violation to continuously emit particulate air contaminants above levels allowed in the U.S. EPA National Ambient Air Quality Standards (NAAQS) and/or Colorado Department of Health Standards, whichever is more strict, and then at no more than twenty percent (20%) opacity. (3) A violation exists when the Town of Avon is in receipt of three (3) or more calls from individuals representing separate properties within the Town of Avon within an eight-hour period relating to a single odor description. The Town of Avon shall provide a designated phone number to call to report an odor complaint. The complaints shall be recorded by a staff member or by electronic means and shall be considered as an individual odor complaint when the following information is provided: a. Name, address, and phone number of complainant. b. Time and date of call. c. Description of odor nuisance, including estimated location or source of complaint. (b) Exceptions. Violation of the odorous air contaminant standard may not be subject to penalty if any of the following circumstances exist: (1) A limited exemption from section 8.31.030 may be granted by the Town for odor violations that result during the repair or maintenance of machinery or equipment designed to control, reduce or eliminate odor emissions under the following circumstances. Any person or entity seeking a limited exemption from section 8.31.030 for odor violations that result during the repair or maintenance of machinery or equipment designed to control, reduce or eliminate odor emissions shall apply for such exemption in writing to the Town Manager. Such application shall include the date, duration and approximate time that the repair or maintenance activity will be engaged in, and shall state why the Town should consider exempting the applicant from section 8.31.030 during such activity. The Town shall endeavor to respond to an application for exemption within two business days of the Town Manager's receipt of the application, but in no case shall an application for exemption be deemed granted unless the Town issues a written approval for the exemption which sets forth the duration of the exemption (which shall in no case exceed 24 hours). The Town may include conditions of approval of an application for exemption if deemed necessary to best address the public welfare, and the exemption from section 8.31.030 shall be valid only if such conditions are satisfied. (2) Temporary sources or events, such as rodeos, county fairs, and stock shows. (3) Odorous air contaminants existing solely within residences, or solely within commercial and industrial plants, works or shops, or to affect the relations between employers and employees with respect to or arising out of any condition of air pollution, provided that such odors do not penetrate the atmosphere and extend beyond the property boundary so as to become a public nuisance. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 25 day of September , 2001, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the g day of October , 2001, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. 2 TOWN OF AVON J y Yodei, Ma} Kris Nash, Town C INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this 9 day of October , 2001. TOWN OF AVON J Yoder Ma r APPROVE AS TO FORM: Burt Levin, Town Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 9th DAY OF OCTOBER 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-10, SERIES OF 2001: An Ordinance Amending Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 26th day of September 2001. Trp,F~VON, COLORADO I A BY: VS-6s Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 26th, 2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY EAGLE RIVER WATER Bic SANITATION DISTRICT 846 Forest Road • Vail, Colorado 81657 (970) 476 -7480 • FAX (970) 476 -4089 October 5, 2001 Mayor Judy Yoder Town of Avon Post Office Box 975 Avon, Colorado 81620 Re: Revised Odor Ordinance Dear Mayor Yoder: Thank you for the opportunity to comment on the revised Odor Ordinance that is before the Town Council on October 9. Please know that we still believe that the Ordinance changes currently proposed do not address several important issues. We again strongly suggest any modifications to the Ordinance be allowed to be discussed between our staffs in order to attempt to reach a compromise that can be jointly recommended to the Avon Town Council. To be specific, we are attaching a suggested revision to the proposed Ordinance. We request Council adopt the ordinance we have proposed or table passage of the Ordinance next Tuesday. We believe a Town of Avon employee should verify that the odors exist, and that they are from a particular source. We believe this is important in order to avoid any misuse of this Ordinance. We believe the Ordinance should allow some reasonable time limit for approval of routine cleaning, maintenance, startup, shut down, etc.; and that an accommodation should exist for unforeseeable upsets. We each are governmental entities attempting to do our best in our respective roles. We will have many opportunities to work together in the future. We are, for example, at the Town of Avon's request, currently attempting to find significant funding to assist in the construction of your bike path through our Avon wastewater treatment plant. We expect in the future to be expanding maintenance facilities in the Town, and will always be having utilities interface with Town easements, roadways, and Town improvements. We strongly encourage that we work together on all of these matters rather than risk unnecessary discord. Thank you in advance for your consideration. We look forward to working with you. Please call me at 376 -0178 prior to Tuesday night's meeting. Sincerely, Rick Sackbauer, Chairman Enclosure: Redlined Ordinance c.c. Councilman Mac McDevitt Town Manager Bill Elting AVWATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES 4\\ STATE OF COLORADO COLORADO STATE PARKS 1313 Sherman Street, Room 618 Denver, Colorado 80203 Phone (303) 866 -3437 FAX (303) 866 -3206 www.parks.state.co.us February 22, 2002 Mayor Judy Yoder Town of Avon P. O. Box 975 Avon, CO 81620 Dear Judy, Governor Bill Owens has declared 2002 Colorado's Year of Trails. I have enclosed a letter of support from the Governor. Colorado's Year of Trails allows us to reflect on the benefits and accomplishments of local, state and federal agencies working together to build one of the world's premier trail networks in Colorado's unmatched landscape. Colorado is fortunate to be home to many outstanding non - profit and for profit organizations and businesses that contribute untold resources to sustain this wonderful trail system. We encourage you to join this celebration by contacting Colorado State Parks to find out how your community, organization or business can become part of Colorado's Year of Trails. Call us at 303 - 866 -3437 or visit us online at www.coloradoparks.org. You can also email uarksnewsastate.co.us. Thank you for joining in this celebration of Colorado's Trails! Lyl Lerty Colorado State Parks Director I �I4 Bill Owens Governor Greg E. Walcher Executive Director Department of Natural Resources Lyle Laverty Director Colorado State Parks Colorado Board of Parks and Outdoor Recreation Edward C. Callaway Chair Doug Cole Secretary Wade Haerle GOCO Representative Dr. Tom Ready Natural Areas Representaive Tom Glass Member �y COLORADO'S vVAaorrauU­ Celebrate 2002 - Colorado's Year of Trails. STAA TE OF COLORADO EXECUTIVE CHAMBERS oF•C 0 136 State Capitol F� Denver, Colorado 80203 - 1792 o Phone(303)866 -2471 1876 Bill Owens Governor Dear Friend: Colorado's world -class trail system connects our communities and our landscape. This year, to. celebrate those connections, I am proud to have proclaimed 2002 Colorado's Year of Trails. This statewide celebration recognizes the vital role trails play in the unparalleled quality of life we all enjoy in Colorado. Trails offer much more than opportunities for outdoor recreation. From urban greenways to backcountry solitude, trails connect us to all Colorado has to offer. As we experience the beauty and diversity of Colorado's trail system, we become stewards of the trails we enjoy. In so doing_ , we gain a deeper appreciation of Colorado's natural and cultural heritage. This year, get outside and be part of Colorado's Year of Trails. Whether you explore an unfamiliar trail, help maintain an old favorite or pitch in to build a new trail, there is a wide range of ways for you to get involved. Visit Colorado's homepage at www.colorado.gov and click on the Year of Trails logo to learn how you can be part of this important celebration of Colorado's natural resources. ill Owen