Chapter 19.12
AUTOMOBILE REFINISHING
Sections:
19.12.040 Work practice standards.
19.12.060 Record keeping and reporting.
19.12.070 Violations and Penalties.
19.12.010 Definitions.
“Aerosol Coating Products” means a mixture of resins, pigments, liquid solvents, and gaseous propellants packaged in a disposable can for hand-held application.
“Application Station” means the part of an automobile refinishing facility where coatings are applied.
“Automobile Refinishing” means refinishing operations for after-market motor vehicles or mobile equipment performed in auto body and repair shops, production paint shops, new car dealer repair and paint shops, fleet operation repair and paint shops, and any other facility which coats vehicles (top, body, and upholstery repair shops and paint shops), including dealer repair of vehicles damaged in transit.
“Coating” means a protective, decorative, or functional material with a VOC content greater than zero (0) used in automobile refinishing operations.
“Container” means a vessel or tank used to store coatings, surface preparation products, solvents, or waste.
“Disposed Offsite” means sending outside of the refinishing facility, the used coatings, surface preparation products, solvents, or wastes.
“Electrostatic Application” means the application to a substrate of charged atomized paint droplets which are deposited by electrostatic attraction.
“Equipment” means devices that are used to transfer or apply coating, surface preparation product, or solvent, such as, but not limited to, spray guns and brushes or nonrefillable aerosol cans.
“Facility” means any building, structure, installation or operation which emits or has the potential to emit any air contaminant where automobile refinishing or automobile application work is performed.
“Graphic Design Application” means the application of logos, letters, numbers, and graphics to a painted surface, with or without the use of a template.
“High-volume, Low-pressure (HVLP) Spray” means technology used to apply coating to a substrate by means of coating application equipment which operates between one-tenth (0.1) and ten (10) pounds per square inch gauge (psig) air pressure measured dynamically at the center of the air cap and at the air horns of the spray system.
“Material Safety Data Sheet or MSDS” means the chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical product, usually through the distribution network or retailers.
“Mobile Equipment” means any equipment which may be driven or drawn on a roadway, including, but not limited to, the following:
Truck bodies
Truck trailers
Cargo vaults
Utility bodies
Camper shells
Construction equipment such as mobile cranes, bulldozers, and concrete mixers
Farming equipment such as tractors, plows, and pesticide sprayers
Miscellaneous equipment such as street cleaners, golf carts, ground support vehicles, tow motors, and fork lifts.
“Motor Vehicles” means the following:
Automobiles
Buses
Trucks
Vans
Motor homes
Recreational vehicles
Motorcycles
“Primer” means any coating applied to a substrate prior to the application of a topcoat for the purpose of providing corrosion resistance, adhesion of subsequent coatings, or color uniformity.
“Primer Sealer” means any coating applied to a substrate prior to the application of a topcoat to:
1. Provide corrosion resistance, adhesion of the topcoat, and color uniformity; and
2. Promote the ability of an undercoat to resist penetration by the topcoat.
“Primer Surfacer” means any coating applied to a substrate prior to the application of a topcoat to:
1. Provide corrosion resistance and adhesion of the topcoat; and
2. Promote a uniform surface by filling in surface imperfections.
“Refinishing” means any coating of motor vehicles, parts, and components or mobile equipment, including partial body collision repairs, for the purpose of protection or beautification and which is subsequent to the original coating applied at an original equipment manufacturing (“OEM”) plant coating assembly line.
“Refinishing Job” means for each motor vehicle or piece of mobile equipment any or all of the following:
1. Surface preparation
2. Primer application
3. Primer surface application
4. Primer sealer application
5. Topcoat application
“Repair Coating” means a coating that is used in the repair of a motor vehicle or mobile equipment.
“Reused On Site” means the reuse of a coating, surface preparation product, or solvent in the refinishing facility.
“Solvent” means a liquid containing volatile organic compounds that is used for dissolving or dispersing constituents in a coating, adjusting the viscosity of a coating, or cleaning application stations, equipment, or containers.
“Spot Repairs” means repairs to motor vehicles in which the damaged area to be repaired is limited to only a portion of any given panel so that an entire panel need not be repaired.
“Substrate” means the surface onto which coatings or surface preparation products are applied.
“Surface Preparation Products” means products with a VOC content greater than zero (0) used to remove wax, tar, grease, and other undesirable contaminants from the surface to be refinished.
“Topcoat” means the final film or series of films of coating applied to a substrate for the purpose of protection or appearance.
“Touch-up Coating” means a coating applied by brush or hand-held, nonrefillable aerosol cans to repair minor surface damage and imperfections.
“Vanderburgh County Ozone Officer” means the person specifically employed by Vanderburgh County to enforce, investigate and monitor compliance of the provisions set forth in this ordinance.
“VOC Content of Coating or Surface Preparation Products” means the weight of VOC, less water, and less exempt solvent, per unit volume, of coating or surface preparation products.
(Ord. Dt 12/8/97)(Amended 6/29/98)
19.12.020 Applicability.
A. This Section applies to any person who owns, leases, operates, or controls a facility that refinishes motor vehicles or mobile equipment in Vanderburgh County.
The following activities are exempt from this Section:
1. Application of aerosol coating products.
2. Graphic design application.
3. Touch-up coating application.
B. This Section does not apply to individuals who own, lease, operate, or control a facility that refinishes three (3) or fewer personally owned motor vehicles or mobile equipment (or equivalent mass) per calendar year which are personally owned by the refinisher.
(Ord Dt. 12/8/97)(Amended 6/29/98)
19.12.030 Requirements.
On and after July 1, 1998, any person applying any coating or surface preparation product in Vanderburgh County shall comply with the following:
1. The work practice standards set forth in this Section.
2. The record keeping and reporting provisions set forth in this Section.
(Ord Dt. 12/8/97)
19.12.040 Work practice standards.
A. On and after July 1, 1998, the owner or operator of a refinishing facility subject to this Section shall use one (1) or a combination of the following equipment for coating application:
1. Electrostatic equipment.
2. High volume low pressure (HVLP) spray equipment.
3. Any other coating application equipment that has been demonstrated, by the owner or operator, to the satisfaction of Vanderburgh County and IDEM to be capable of achieving at least sixty-five percent (65%) transfer efficiency. The owner or operator must submit sufficient data for the County and IDEM to be able to determine the accuracy of the transfer efficiency claims. Coating application equipment shall be operated and maintained according to the manufacturer’s recommendations. The owner or operator shall have the manufacturer’s recommendations available for inspection upon request by the Vanderburgh County Ozone Officer, IDEM or the U.S. EPA.
B. On and after July 1, 1998, the owner or operator of a refinishing facility subject to this Section shall implement housekeeping practices which include the following:
1. All paper or cloth used for activities such as surface preparation and surface cleanup shall be stored in closed containers until disposed of offsite. The containers shall remain closed unless being filled or emptied.
2. All fresh or used solvent shall be stored in closed containers.
3. Storage containers and equipment shall be free from cracks, holes, and leaks.
4. Equipment cleanup shall be performed with methods that minimize the use of solvents. Reasonable efforts shall be made to reclaim the bulk of used solvents. No cleaning shall be performed by direct spraying of solvents into the atmosphere.
5. Effort shall be made to schedule operations of a similar nature to significantly reduce total volatile organic compound material consumption.
6. Coatings or surface preparation products shall be applied in a manner that minimizes overspray.
C. The owner or operator of a refinishing facility shall comply with the training requirements of this Section as follows:
1. On and after July 1, 1998, develop a written training program. The training program may include training provided by the manufacturer or supplier and shall include written procedures and hands on demonstration, as appropriate, on the following topics:
a. Application of coatings or surface preparation products, or organic solvents using techniques that minimize their usage.
b. Operation and maintenance of spray gun cleaning equipment to minimize evaporation of organic solvents to the atmosphere.
c. Work practice standards established in Section 19.12.040B of this Ordinance.
2. Prior to or on July 1, 1999, provide annual refresher training to any employee performing one (1) or more of the activities set forth in subsection a above. Such training shall be appropriate to the job responsibilities of the employee.
3. Any person may perform one (1) or more activity addressed in subsection a above, for not more than one hundred eighty (180) days, notwithstanding the requirements of subsection b, above, provided each of the following:
a. Such untrained person works under the supervision of a person who meets the training requirements of subsection b above.
b. The owner or operator keeps the following records:
i. The date the person was assigned to the activity.
ii. The date training was completed.
iii. The name of the person providing the supervision.
4. The owner or operator of the refinishing operation shall keep records of the training program. The records shall consist of the following:
a. The date training was completed.
b. A list of persons, by name and activity, and the topics in which they have been trained.
c. A statement signed by the trainer certifying each trainee who satisfactorily has completed training in the topics and is proficient in the procedures specified in subsection a above.
(Ord Dt. 12/8/97)(Amended 6/29/98)
19.12.050 Compliance.
A. On or before July 1, 1998, the owner or operator of a refinishing facility, subject to this Section, shall submit to the Vanderburgh County Ozone Officer and IDEM a statement signed by a responsible official of the facility, certifying that the facility will continuously comply with all the requirements set forth in this Section.
(Ord. Dt. 12/8/97)
19.12.060 Record keeping and reporting.
A. Owner and operators of refinishing facilities subject to the provisions of this Section shall keep records of the following:
1. Records of training programs as required in 19.12.040 above.
2. Initial compliance statements as required in 19.12.050 above.
3. Records as required in this Section.
B. Owners or operators of refinishing facilities affected by this Section shall maintain all records for a minimum of three (3) years and shall make records available to the Vanderburgh County Ozone Officer, IDEM and U.S. EPA upon request.
C. Failure to maintain records required by this subsection shall constitute a violation of this Section for each day records are not maintained and is subject to the penalties in 19.12.070 below.
(Ord. Dt. 12/8/97)
19.12.070 Violations and Penalties.
A. Upon notice, the Vanderburgh County Ozone Officer or his agents are authorized to enter the premises of any person subject to this Section for the purpose of investigating non-compliance reports and to verify compliance measures set forth in this Section. If entry is denied, a court order may be sought by the Vanderburgh County Ozone Officer or his agents in the Vanderburgh Superior or Circuit Court to permit such entry upon the property.
B. Failure to comply with any provision of this Section shall constitute a violation of this Section subjecting the person or business to the following:
1. The fine for a violation of Section 19.12.040A of the Ordinance shall be not less than $1,000.00 (one thousand dollars), nor more than $2,500.00 (two thousand five hundred dollars) per violation.
2. The fine for a violation of Section 19.12.040B of the Ordinance shall be:
a. $50.00 (fifty dollars) for the first offense.
b. $100.00 (one hundred dollars) for the second offense within any one (1) calendar year.
c. $250.00 (two hundred fifty dollars) thereafter within any one (1) calendar year.
3. The fine for a violation of Section 19.12.040C of the Ordinance shall be $200.00 (two hundred dollars); each week of noncompliance shall be a separate violation.
4. The fine for a violation of Section 19.12.050 of the Ordinance shall be $100.00 (one hundred dollars); each week of noncompliance shall be a separate violation.
5. The fine for a violation of Section 19.12.060 of the Ordinance shall be:
a. $50.00 (fifty dollars) for the first offense.
b. $100.00 (one hundred dollars) for each violation thereafter; each week of noncompliance shall be a separate violation.
C. If a citation is issued by the Vanderburgh County Ozone Officer or his agents for a violation of this Section, a lawsuit concerning the citation may be filed against the alleged violator in the Vanderburgh Superior or Circuit Court.
(Ord. Dt. 12/8/97)(Amended 6/29/98)