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CREMATORIES
Sections:
5.25.010 Crematories.
5.25.020 Standards.
5.25.030 Operations.
5.25.040 Licenses/permits required.
5.25.050 Appeal of license application denial.
5.25.060 Suspension or revocation of license.
5.25.070 Compliance and enforcement.
5.25.010 Crematories
A. Definitions
1. Annual Service: Means inspection, maintenance and repair of every system
in a Crematory, including but not limited to electronics, burners, refractory,
processing station, gas and air settings, and gas pressures. Annual Service
also includes Operator instruction, training and certification.
2. Crematory: Any equipment, machine, device, contrivance or other article,
and all appurtenances, used for the destruction or reduction by fire of human
and/or animal bodies, body parts, and tissues.
3. Continuous Opacity Monitor and Recorder: A device installed in the crematory
outlet stack, which provides the operator with an audible alarm signal when
the opacity has exceeded a preset limit. The instrument continuously records
opacity conditions electronically, on a medium acceptable to the City, allowing
a determination when limits have been exceeded.
4. Day(s): As used in this Chapter, the words " day" or "days"
means a calendar day or days.
5. Opacity: The degree to which an air pollutant obscures the view of an observer,
expressed in percentage of obscuration or the degree (expressed in percent)
to which transmittance of light is reduced by the air pollutant.
6. Operator: Any person operating a crematory furnace.
7. Owner: Any person having an ownership interest of any kind in a crematory.
The term "Owner" includes each and every natural person having any
ownership interest in any entity that owns a crematory.
8. Qualified Observer: A person trained and certified to observe opacity in
accordance with the United States Environmental Protection Agency's Method 9,
40 C.F.R. Part 60, Appendix A-4, Method 9. (Ord. O-2002-25 § 1, 2002).
5.25.020 Standards.
A. Opacity. No person shall cause or allow the discharge, release, dispersal
or escape into the atmosphere from any Crematory, for more than 60 continuous
seconds, of any air emission that is a shade darker or density darker than 20
percent opacity. Prima facie evidence of a violation of this standard will consist
of:
1. Results from a Continuous Opacity Monitor and Recorder; or
2. Visual determinations of opacity as determined by a Qualified Observer using
the United States Environmental Protection Agency's Method 9 for the Visual
Determination of the Opacity of Emissions from Stationary Sources, 40 C.F.R.
Part 60, Appendix A-4, Method 9, with the exception that a violation will occur
if five consecutive visual determinations are taken at fifteen second intervals
and each is in excess of 20 percent opacity.
B. Construction. All Owners shall ensure that all existing crematories and newly
constructed crematories shall comply with City building and fire codes and the
air quality laws of the City, the State of Colorado and the United States.
C. Annual Service. All crematory furnaces within the City shall receive Annual
Service by the manufacturer. Written evidence of the Annual Service shall be
required in order to obtain the annual operating license required below. (Ord.
O-2002-25 § 1, 2002).
5.25.030 Operations.
A. Any Owner of a Crematory shall properly install and maintain in calibration,
in good working order and operation, a Continuous Opacity Monitor and Recorder
that continuously records opacity at all times during the cremation process
and cool down periods. The Continuous Opacity Monitor shall meet or exceed the
recommended specifications of the manufacturer of the Crematory to which the
Continuous Opacity Monitor will be attached. The Continuous Opacity Monitor
and Recorder shall also emit an audible alarm whenever the opacity standard
is exceeded, which alarm shall not stop until the opacity limitation is met.
All crematories existing in the City at the time this ordinance is enacted shall
comply with the requirements in this subparagraph within 120 days of the effective
date of this ordinance. Compliance with this subparagraph shall be a condition
of receiving an annual license as is required under section 5.25.040 below.
B. The Continuous Opacity Monitor and Recorder shall be calibrated and maintained
by the Owner in accordance with the manufacturer's specifications and shall
be calibrated at least once each month. Written records of each calibration
shall be kept by the Owner and submitted monthly to the City's Environmental
Manager simultaneously with the monthly submission of electronic records of
the Continuous Opacity Monitor and Recorder as provided below. The opacity meter
shall be located after (downstream of) all control equipment, prior to the stack
exit, and prior to dilution with ambient air. All readings from the Continuous
Opacity Monitor and Recorder shall be recorded electronically using a method,
and on a medium, acceptable to the City. Unless required more frequently by
the Environmental Manager, all original daily electronic records of the crematory's
Continuous Opacity Monitor and Recorder shall be delivered to the City's Environmental
Manager monthly, within seven (7) days after the end of each calendar month.
Data shall be stored, and delivered to the City, in a format compatible with
the City's computer system. The Owner shall sign a written, notarized certification
under oath, in form acceptable to the City, of the accuracy and truth of the
original electronic records of the Continuous Opacity Monitor and Recorder at
the time of each such submission.
C. The Owner shall maintain written records showing the number of cremations
per day, the weight of each body (or portions thereof) cremated, and time of
day of each cremation ("Cremation Records"). The Owner shall sign
a written, notarized certification under oath, in form acceptable to the City,
of the accuracy and truth of the Cremation Records. The sworn certification
and the Cremation Records shall be submitted to the City's Environmental Manager
simultaneously with the monthly submission of records of the Continuous Opacity
Monitor and Recorder.
D. The Operator must be trained and annually certified by the manufacturer of
the furnace. A trained, certified Operator must be physically present, and in
active supervisory control, at all times during the cremation process and cool
down periods.
E. The Operator shall immediately notify the City's Environmental Manager, by
telephone or fax, each time the opacity standard is exceeded and immediately
take corrective action to stop the violation. In addition, no later than 11:00
a.m. on the next business day after each instance in which the opacity standard
is exceeded, the Owner shall submit to the City's Environmental Manager a written
report describing in detail the cause of the exceedance, corrective measures
taken, and the actions the Owner will implement to prevent a reoccurrence of
the exceedance. The written report shall contain a signed, notarized certification
under oath, in form acceptable to the City, of the accuracy and truth of the
written report.
F. The Owner shall keep all electronic and written records required by this
ordinance for at least three years. The records shall be kept in a place which
is reasonably safe from destruction or theft and shall be open to inspection
by the City.
G. It shall be unlawful to submit false information, records, certifications,
reports or statements to the City, or to change, alter, deface in any way, discard
or destroy the records of the Continuous Opacity Monitor and Recorder, the Cremation
Records, or reports that the opacity standard has been exceeded.
H. It shall be unlawful to tamper with, or in any way impede or interfere with
the operation of, the Continuous Opacity Monitor and Recorder. (Ord. O-2002-25
§ 1, 2002).
5.25.040 Licenses/permits required
A. License Required. It shall be unlawful to operate a crematory without the
Owner first having obtained from the City's Department of Public Works ("Public
Works Department") an annual license to do so. No license shall be issued
without the written concurrence of the City's Environmental Manager. License
fees for the operation of a crematory shall be established, and from time to
time may be changed, by resolution of the City Council. All crematories existing
within the City at the time this ordinance is enacted shall obtain a license
within 150 days of the effective date of this ordinance.
B. Initial License Issuance. Any person who wishes to obtain a license to operate
a crematory shall demonstrate to the City that the crematory will be located,
constructed and will operate in compliance with all applicable laws and regulations.
An applicant for a license shall submit to the Public Works Department such
information as it may reasonably require concerning the issuance and good standing
of all necessary state or federal air permits, the structure and components
of the crematory, the methods and procedures to be used to operate and control
the crematory, hours of operation, anticipated emissions, emission control equipment,
preventative maintenance program, training of the operator(s), regulatory and
statutory compliance history, past and present locations of any other crematories
owned or operated, location and surroundings, zoning, and such other information
as may be reasonably required by the Public Works Department. The City may,
in its sole discretion, place operating or other conditions on the issuance
of a license. The City, in its sole discretion, may deny a license to operate
a crematory to any person, or for any crematory, that: a) has not demonstrated
to the City that the crematory is located, constructed, or will operate in compliance
with all applicable laws and regulations; b) has failed to submit to the City
any information reasonably required; or c) has a record of violating, or noncompliance
with, laws and regulations applicable to the operation of a crematory in another
location(s).
C. Reissuance of License. An applicant for reissuance of a license shall submit
to the Public Works Department such information as it may reasonably require
concerning the issuance and good standing of all necessary state or federal
air permits, the structure and components of the crematory, the methods and
procedures to be used to operate and control the crematory, hours of operation,
anticipated emissions, emission control equipment, written proof of Annual Service
within the preceding twelve (12) months, preventative maintenance program; training
of the operator(s), regulatory and statutory compliance history, and such other
information as may be reasonably required by the Public Works Department. The
City may, in its sole discretion, place operating or other conditions on the
reissuance of a license. The City, in its sole discretion, may deny reissuance
of a license to operate a crematory to any person, or for any crematory, that:
a) has not demonstrated to the City that the crematory is located, constructed,
or operates in compliance with all applicable laws and regulations; or b) has
violated any provisions of this Chapter in the preceding twelve (12) months;
or c) has failed to pay within 30 days any fine imposed under this ordinance.
D. Processing of License Application. The Public Works Department shall approve,
approve with conditions, or deny, an application for an annual license within
60 days from the time the application is deemed complete by the City. A denial
shall be in writing, contain a description of the reasons for the denial, and
shall be sent to the applicant by certified mail, return receipt requested,
at the address specified in the application. An applicant shall have 30 days
from mailing of a denial within which to correct the deficiencies. If the needed
corrections are not made within the allowed period, the denial of the application
shall be deemed final. If the applicant corrects the deficiencies to the reasonable
satisfaction of the City, the denial shall be retracted and the application
shall be approved. All applications for an annual license must be submitted
sufficiently in advance of applicable deadlines, or license expiration dates,
to permit the process described in this paragraph to fully take place before
the expiration of the applicable deadline or license expiration date.
E. Change of Control. Any person who purchases or otherwise acquires control
of a crematory shall notify the City in writing of the change of ownership or
control, including in the notice the effective date of the change as well as
the name, address and telephone number of the new owner or person in control.
This notice shall be provided to the City's Environmental Manager no less than
ten (10) days after the effective date of the change in ownership or control.
F. Submission of Plans and Specifications. The Owner shall submit to the Public
Works Department detailed plans and specifications before any crematory is constructed,
modified, remodeled, extended or enlarged. The Public Works Department must
approve the plans and specifications in writing before any such work is commenced.
An appeal from any order (or the failure to issue an order when one is called
for), requirement, decision or determination made by the City Building Official
or his authorized representatives or other administrative officials shall be
subject to the requirements and procedures of Chapter 14.12 of the City of Lakewood
Municipal Code.
G. Appeal. In the event a license application is denied, or conditions are placed
on the issuance of a license, by the Department of Public Works, the applicant
may appeal the decision as set forth in Section 5.25.050. (Ord. O-2002-25 §
1, 2002).
5.25.050 Appeal of license application denial.
A. In the event that the Public Works Department denies a license application,
or places conditions on the issuance of a license, an applicant shall have the
right to a quasi-judicial hearing before the City Manager or his designee for
the purpose of appealing the Department's administrative decision. A written
request for a hearing shall be made to the City Manager or his designee within
ten (10) days of the mailing date of the Department's written findings and decision
denying the license application. The hearing shall be conducted within fourteen
(14) days of the City Manager's or his designee's receipt of the written request
for a hearing unless a later date is requested by the applicant.
B. Upon receipt of a timely request for a hearing, the City Manager or his designee
shall schedule a hearing and notify the applicant of the date, time, and place
of the hearing. Such notification shall be made by the City by telephone and
a written notice shall also be mailed or delivered to the applicant at the applicant's
address shown in the application. An applicant may be represented at the hearing
by an attorney or other representative. An applicant or the City may request
a continuation or postponement of the hearing date.
C. At the hearing, the City Manager or his designee shall hear and consider
such evidence and testimony presented by the City, the applicant, or any other
witnesses presented by the City or the applicant which are relevant to the stated
reason and basis for the Department's denial of the license application. The
City Manager or his designee shall conduct the hearing in conformity with quasi-judicial
proceedings and shall permit the relevant testimony of witnesses, cross-examination,
and presentation of relevant documents and other evidence. The hearing shall
be recorded stenographically or by electronic recording device. Any person requesting
a transcript of such record shall pay the reasonable cost of preparing the record.
D. Not less than fourteen (14) days following the conclusion of the hearing,
the City Manager or his designee shall send a written order by certified mail,
return receipt requested, to the applicant at the address as shown on the application.
The order shall include findings of fact and a final decision concerning the
approval or denial of the application. In the event that the City Manager or
his designee concludes that the application is approved, such approval shall
constitute approval by the Department, and the applicant may seek issuance of
a license in accordance with this Chapter.
E. The order of the City Manager or his designee made pursuant to this section
shall be a final decision and may be appealed to the District Court pursuant
to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to
the District Court, the City Manager's or his designee's decision shall be final
upon the earlier of the date of the applicant's receipt of the order or four
(4) days following the date of mailing. (Ord. O-2002-25 § 1, 2002).
5.25.060 Suspension or revocation of license.
A. The City Manager or his designee may suspend, revoke, modify, or place conditions
on the continuation of a license upon a finding that the Licensee has violated
any of the provisions of this Chapter.
B. Nothing in this Chapter shall prohibit the City from taking any other enforcement
action provided for by the Lakewood Municipal Code, the laws of the State of
Colorado, or of the United States.
C. A licensee shall be entitled to a quasi-judicial hearing before the City
Manager or his designee if the City seeks to suspend, revoke, modify or place
conditions on a license based on a violation of this Chapter.
1. When there is probable cause to believe that a licensee has violated or permitted
a violation of this Chapter to occur, the City Attorney may file a written complaint
with the City Manager or his designee setting forth the circumstances of the
violation.
2. The City Manager or his designee shall send a copy of the complaint by certified
mail, return receipt requested, to the licensee at the address as shown on the
license application, together with a notice to appear before the City Manager
or his designee for the purpose of a hearing to be conducted at a specified
date and time and at a place designated in the notice to show cause why the
licensee's license should not be suspended, revoked, modified or subjected to
new conditions. Such hearing shall be held on a date not less than fourteen
(14) days following the date of mailing of the complaint and notice to the licensee.
A licensee may be represented at the hearing by an attorney or other representative.
D. At the hearing, the City Manager or his designee shall hear and consider
such evidence and testimony presented by the City enforcement officers, the
City, the licensee, or any other witnesses presented by the City or the licensee
which are relevant to the violations alleged in the complaint. The City Manager
or his designee shall conduct the hearing in conformity with quasi-judicial
proceedings and shall permit the relevant testimony of witnesses, cross examination,
and presentation of relevant documents and other evidence. The hearing shall
be recorded stenographically or by electronic recording device. Any person requesting
a transcript of such record shall pay the reasonable cost of preparing the record.
E. The City Manager or his designee shall make written findings of fact from
the statements and evidence offered and shall reach a conclusion as to whether
the alleged violations occurred. Such written findings and conclusion shall
be prepared and issued not less than fourteen (14) days following the conclusion
of the hearing. If the City Manager or his designee determines that a violation
did occur which warrants suspension, revocation, modification or conditioning
of the license pursuant to this section, he shall also issue an order suspending,
revoking, modifying or placing conditions on the license. A copy of the findings,
conclusion, and order shall be mailed to the licensee by certified mail, return
receipt requested, at the address shown on the license application.
F. For purposes of any appeal to the District Court, the City Manager's or his
designee's decision shall be final upon the earlier of the date of the applicant's
receipt of the findings, conclusion, and order or four (4) days following the
date of mailing of the City Manager's or his designee's decision. The order
of the City Manager or his designee shall be a final decision and may be appealed
to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4).
G. In the event of suspension, revocation, modification, conditioning, or cessation
of business, no portion of the license fee shall be refunded.
H. Any person whose license is suspended, revoked, modified or conditioned under
this section shall be required to pay the costs including, but not limited to,
attorney fees, expert witness and/or consultant fees, incurred by the City to
enforce this ordinance. (Ord. O-2002-25 § 1, 2002).
5.25.070 Compliance and enforcement
A. Inspections and Enforcement Authority. The City, through its Environmental
Manager, his or her designee, and/or Code Enforcement Officers, shall conduct
inspections, investigations, tests and/or audits of all crematories in the City
at such times and under such circumstances as the City deems necessary. The
Environmental Manager, his or her designee, and/or Code Enforcement Officers,
are authorized to issue citations for violations of this ordinance. It shall
be unlawful to hinder, prevent or refuse to permit any inspection, investigation,
test and/or audit performed in connection with the provisions of this ordinance.
In the event that entry into a crematory for the purpose of inspection or investigation
is denied, the City may apply to the Municipal Court or the State District Court
for a warrant to permit the entry, inspection or the collection of evidence.
B. Violations. Any failure to comply with this Chapter shall constitute a violation
of this ordinance. Each incident, and each day, of non-compliance shall be separate
violations. Each violation of this ordinance shall be punishable by a fine of
not more than $1,000.00, or confinement for a period not to exceed 365 days,
or both. Additionally, violations of this ordinance are declared to be a nuisance
within the meaning of Chapter 9.80 of the Lakewood Municipal Code.
C. Costs and Charges. Any person who violates this ordinance shall be required
to pay the costs and expenses incurred by the City in any civil action to enforce
this ordinance including, but not limited to, attorney, expert witness and consultant
fees. Such costs and expenses may be collected by the City in any civil action
brought to enforce this ordinance or separately in any action at law. (Ord.
O-2002-25 § 1, 2002).
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