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1.28.010 Crematories
· The ordinance applies to crematories for both humans and animals.
1.28.020 Standards
· The ordinance states that the smoke from crematories may not be darker than 20% opacity for more than 60 continuous seconds in any 24-hour period.
· At the City's option, the opacity can be checked either through operation of a continuous opacity monitor at the crematory or by a trained observer using the Environmental Protection Agency method in which a reading is visually taken every 15 seconds. The ordinance requires that all crematories install a continuous opacity monitor. The continuous opacity monitor would automatically record readings. For the EPA method, five consecutive visual readings are taken every 15 seconds, and each must individually exceed the 20% level in order for a violation to occur.
· All existing and newly constructed crematories must comply with City building and fire codes and the laws of the City, Colorado and the United States. (For smoke opacity the City requirement is the most stringent.)
· All crematory furnaces must receive annual service. Annual service is the inspection, maintenance and repair of any equipment used for the actual cremation.
1.28.030 Operations
· Every crematory must have a continuous opacity monitor and recorder. The recorder must continuously record opacity at all times during the cremation process and cool down period. An alarm must sound whenever opacity exceeds 20%. Existing crematories must retrofit this device within 120 days after the effective date of this ordinance. The ordinance becomes effective 30 days after Council passage, so there is an effective 150 days or 5 months to retrofit.
· Opacity monitors must be calibrated once per month.
· Opacity monitors must be located downstream of all control equipment and prior to the stack exit.
· Opacity readings must be recorded electronically and saved on a floppy disk. Records of readings must be certified by the owner and submitted to the City along with the floppy disk each month.
· The crematory must maintain written records concerning cremations.
· Operators of crematories must be trained and annually certified by the manufacturer of the crematory furnace.
· A trained certified operator must be physically present and in active supervisory control during all cremation processes.
· If the opacity standard is exceeded the operator must immediately take corrective action to stop the violation, notify the City by phone, and within 24 hours notify the City by written report listing actions the owner will take to prevent reoccurrence of the violation.
1.28.040 Licenses/Permits Required
· Crematories must obtain a license from the City to operate. The license fee will be set by resolution of City Council and will likely initially be $125 (Same as cost for a contractor's license).
· Existing crematories within Lakewood must obtain a license within 150 days of the effective date of this ordinance. Since it takes 30 days after a Council action for an ordinance to become effective, this gives 180 days or six months to obtain the license.
· In obtaining an initial license the City will require information including but not limited to techniques used to operate the crematory, hours of operation, anticipated emissions, emission control equipment, preventative maintenance program and other information the City may need.
· The City may place operating or other conditions on the issuance of the license. For example, the manufacturer of a given brand of crematory furnace may have specific operating parameters.
· Reissuance of an annual license generally follows the same process as obtaining an initial license.
· The City must approve or deny an application within 60 days from the time the application is deemed complete by the City. Any denial will be in writing with a description of the reasons for denial. The applicant has 30 days to correct deficiencies. If corrected, the denial will be retracted and the application approved.
· Whenever there is a change of ownership the City shall be notified.
· Plans and specifications for work on a crematory must be turned into
the City similar to any building permit.
1.28.050 Appeal of license application denial
· Appeals from a license denial or license conditions shall be to the City Manager or his designee per time restrictions as listed in the ordinance.
· An applicant at the hearing may be represented by an attorney or their representative.
· The City Manager or his designee shall make a decision and provide notice to the appellant within 14 days following the conclusion of the hearing.
· An appeal from the City Manager shall be to district court.
1.28.060 Suspension or Revocation of license
· The City may suspend, revoke, modify or place conditions on the continuation of a license when a crematory has violated any provision of the ordinance.
· If the City takes these actions, the licensee is entitled to a quasi-judicial hearing before the City Manager or his designee. At the hearing the City Manager or designee shall hear evidence and make a decision within 14 days. This decision may be appealed to district court.
· A licensee whose license has been suspended, revoked or modified due to a violation must pay the City's costs to enforce the ordinance.
1.28.070 Compliance and Enforcement
· The City can conduct inspections at random times. The crematory must allow entry. If entry is denied, the City may apply to municipal court or State District Court for permission to enter.
· Failure to comply with the ordinance is punishable by a fine of up to $1,000 per violation and/or jail for up to one year. Each incident can be a separate violation.
· The City can issue citations for violation of this ordinance.
· In addition to violations of this ordinance regulating crematories, citations can also be issued under the nuisance ordinance of the Lakewood City Code.
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