Motor Vehicle Emissions Control
- 4-4-1: Short Title
- 4-4-2: Legislative Findings And Purpose
- 4-4-3: Definitions
- 4-4-4: Inspection Maintenance Program Created
- 4-4-5: Powers And Duties Of Air Quality Board
- 4-4-6: Financing
- 4-4-7: Inspection Criteria And Costs
- 4-4-8: Acquisition Of Property; Certificates Property Of Board
- 4-4-9: Falsification Of Certificates
- 4-4-10: Enforcement
- 4-4-11: Penalty
4-4-1: Short Title
This chapter may be cited as the 1999 MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. (1952 Code § 8-13-01)
4-4-2: Legislative Findings And Purpose
A. It is found and declared that exhaust emissions from motor vehicles are a major source of air pollution throughout Ada County and such air pollution is a health hazard to all residents of the County and its incorporated cities;
B. It is further found and declared that an effective system of periodic motor vehicle inspection and maintenance will reduce the level of vehicular based air pollution;
C. It is further found and declared that the Federal government has mandated to the several states and local entities the ultimate responsibility for periodic motor vehicle inspection and maintenance;
D. It is further found and declared that Ada County has been designated as a nonattainment area for both carbon monoxide and small particulate matter (PM10) and, as such, is mandated under the Federal Clean Air Act to reduce emissions so that the National Ambient Air Quality Standards will be attained and maintained;
E. It is further found and declared that Ada County and its incorporated cities will be monitored for PM2.5 and ozone in the immediate future, and that the primary source of both of these pollutants in Ada County is exhaust emissions from motor vehicles;
F. It is further found and declared that fuel economy is a legitimate legislative purpose and that an efficient emissions control program will result in motor vehicle fuel savings for the residents of Ada County and its incorporated cities;
G. It is further found and declared that Ada County and its incorporated cities are duly authorized to enact and enforce this chapter under Idaho Code sections 31-714 and 50-302, respectively;
H. The purposes of this chapter, therefore, are to protect the health and welfare of the citizens of Ada County and its incorporated cities, to provide for the continued control and management of exhaust emissions above certain levels as determined by the Federal Clean Air Act, as amended, as well as Rules for the Control of Air Pollution in the State of Idaho (IDAPA 16.01.01 et seq.), and to empower the Air Quality Board to design and implement required periodic inspection of certain motor vehicles in order to comply with the Federal Clean Air Act, as amended. (1952 Code § 8-13-02)
The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:
AUTOMOTIVE INSPECTION PROGRAM: That program established by the board in accordance with this chapter and whose purpose is to implement the requirements of this chapter.
AUTOMOTIVE INSPECTION STATION: A facility licensed in accordance with board specifications or operating under a contract with the board for the purpose of performing exhaust emissions inspections.
BOARD: The Air Quality Board, chartered under the Automotive Inspection and Readjustment Program Joint Powers Agreement and this chapter.
CARBON MONOXIDE (CO): An inorganic chemical compound containing one atom of carbon and one atom of oxygen.
CERTIFICATE OF COMPLIANCE: A board approved certificate verifying that the motor vehicle described thereon is in compliance with the requirements of this chapter and the Rules and Regulations adopted pursuant to this chapter.
EMISSIONS INSPECTION MECHANIC: An individual who performs exhaust emissions inspections on behalf of the board in compliance with a formal written agreement with the board.
EMISSIONS REPAIR MECHANIC: An individual who performs exhaust emissions repairs to motor vehicles on behalf of the board in compliance with a formal written agreement with the board.
EXHAUST ANALYZER: A device for calculating the proportion of various gases, vapors and particles present in the exhaust emissions of a motor vehicle, specifically including carbon monoxide, hydrocarbon, oxides of nitrogen, sulfur dioxide, volatile organic compounds and any other gases, vapors and particles as required by the board.
EXHAUST EMISSIONS: Substances emitted into the atmosphere from any opening downstream of the exhaust port of any motor vehicle engine.
EXHAUST EMISSIONS CONTROL DEVICE: Equipment designed by the manufacturer for installation on a motor vehicle for the purpose of reducing pollutants emitted from the motor vehicle, or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the motor vehicle, as required by Federal law.
EXHAUST EMISSIONS INSPECTION AND EXHAUST EMISSIONS REINSPECTION: That test, performed at an automotive inspection station or a repair and reinspection station by an emissions inspection mechanic, which determines whether a motor vehicle's exhaust emissions meet or do not meet applicable pass-adjust criteria.
FINE PARTICULATE MATTER (PM2.5): All particulate matter, including condensable particulates, with an aerodynamic diameter of less than or equal to a nominal two and one-half (2.5) micrometers.
GROSS VEHICLE WEIGHT: The weight in pounds of a fully fueled empty motor vehicle, plus any additional carrying capacity specified by the vehicle manufacturer.
HYDROCARBON (HC): An organic compound consisting exclusively of the elements carbon and hydrogen.
INSPECTION PERIOD: That period, determined according to applicable Rules and Regulations, during which a nonexempt motor vehicle is scheduled to be presented for an exhaust emissions inspection.
JOINT POWERS AGREEMENT: That agreement entered into pursuant to the joint powers provisions of Idaho Code title 67, chapter 23, among and between the incorporated cities of Ada County, the County of Ada, and the Ada County Highway District, which creates the board.
MODEL YEAR: The year of origin of a motor vehicle so designated by that vehicle's Certificate of Registration filed with the Idaho Department of Transportation.
MOTOR VEHICLE: Any self-propelled motor vehicle with four (4) or more wheels in contact with the ground.
MOTOR VEHICLE OWNER: An individual, partnership, firm, public, private or municipal corporation, association, trust, estate, agency, lessee, political subdivision of the State of Idaho or the government of the United States or any other legal entity or their legal representatives, agents or assigns whose name appears as owner of a motor vehicle on its Certificate of Registration.
NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS): Standards developed by the U.S. Environmental Protection Agency in accordance with its responsibilities under the Federal Clean Air Act, as amended, and its implementing regulations.
NONEXEMPT MOTOR VEHICLE: A motor vehicle which is subject to the Automotive Inspection Program and its exhaust emissions inspections.
OXIDES OF NITROGEN (NOx): A group of chemical compounds formed by the combination of oxygen and nitrogen.
OZONE (O3): A molecule composed of three (3) atoms of oxygen.
PARTICULATE MATTER (PM10): All particulate matter, including condensable particulates, with an aerodynamic diameter of less than or equal to a nominal ten (10) micrometers.
PASS-ADJUST CRITERIA: Those standards set forth in the Rules and Regulations adopted by the board pursuant to this chapter which specify the maximum allowable components which may exist in exhaust emissions of a nonexempt motor vehicle.
PUBLIC NOTICE: A statement of the board's intent to modify the Rules and Regulations, including a summary of the proposed modifications, published in at least one newspaper of general circulation within Ada County, posted at the offices of the Air Quality Board, and mailed to all participants in the Joint Powers Agreement and all automotive inspection stations.
REPAIR AND REINSPECTION STATION: A facility licensed in accordance with board specifications or operating under a contract with the board for the purpose of repairing nonexempt motor vehicles which have failed an exhaust emissions inspection and to perform a reinspection of exhaust emissions in a manner specified by the board.
RULES AND REGULATIONS: Specific written provisions governing the Automotive Inspection Program, as adopted and amended by the board from time to time.
SULFUR DIOXIDE (SO2): A chemical compound consisting exclusively of the elements sulfur and oxygen.
TAMPERING: Removal of or rendering wholly or partially inoperative an exhaust emissions control device, including, but not limited to, the catalytic converter, air injection system, fuel inlet restrictor or other subsequent systems and devices designed and installed to reduce exhaust emissions.
VOLATILE ORGANIC COMPOUND (VOC): Any organic compound which readily evaporates in the atmosphere and, through its participation in atmospheric photochemical reactions, contributes to the formation of ozone. (1952 Code § 8-13-03)
4-4-4: Inspection Maintenance Program Created
A. Board Created: An Air Quality Board is hereby created pursuant to the joint powers provisions of Idaho Code title 67, chapter 23 in a Joint Powers Agreement executed by the participating public agencies. The composition and organization of the board shall be as set forth in the Joint Powers Agreement.
B. Program Designed: The board shall design and implement an Automotive Inspection Program for the mandatory exhaust emissions analysis, inspection, maintenance and repair of nonexempt motor vehicles to ensure continued compliance with National Ambient Air Quality Standards and in accordance with applicable Rules and Regulations of the U.S. Environmental Protection Agency, the State Division of Environmental Quality and the Ada Planning Association Board.
C. Inspections Required: The exhaust emissions of each nonexempt motor vehicle will be measured and evaluated periodically and the owner of any such vehicle is required to present the vehicle at an automotive inspection station for an exhaust emissions inspection unless specifically exempted from this requirement by the board or by this chapter. Failure to do so within the inspection period constitutes prima facie evidence of a violation of this chapter. The frequency and timing of the inspection period will be determined by the board.
D. Certificate Of Compliance: The owner of a nonexempt motor vehicle which passes an exhaust emissions inspection as provided herein shall be presented with a Certificate of Compliance. The owner shall maintain the certificate in a place and manner specified by the board in the Rules and Regulations and present it to the board or other authority upon demand. Failure to do so constitutes prima facie evidence of a violation of this chapter.
E. Nonexempt Motor Vehicles: A motor vehicle is classified as a nonexempt motor vehicle if all of the following are true:
1. The Certificate of Registration has "ADA COUNTY" entered upon it as the County of residence or would be required to have "ADA COUNTY" entered upon it as the County of residence pursuant to Idaho Code section 49-401B;
2. The gross vehicle weight equals or exceeds one thousand five hundred (1,500) pounds; and
3. The model year is 1965 or newer.
F. Exemptions: The following are hereby specifically exempted from compliance with the Automotive Inspection Program, subject to verification in a manner specified by the board and included in the Rules and Regulations:
1. Motorcycles, as defined in Idaho Code section 49-114;
2. Idaho old timers, as defined in Idaho Code section 49-406;
3. Farm tractors, as defined in Idaho Code section 49-107;
4. Motor vehicles registered under the prorated registration provisions of Idaho Code section 49-437 for a period of less than six (6) months;
5. Idaho classic vehicles, as defined in Idaho Code section 49-406A;
6. Motor vehicles for which an alternate fuel type has been established according to rules and regulations adopted by the board; and
7. Such other motor vehicles as may be exempted by Rules and Regulations adopted by the board.
G. Performance Requirements Of Exhaust Emissions Inspection: An exhaust emissions inspection may only be performed by and in a manner consistent with Rules and Regulations adopted by the board. An exhaust emissions inspection shall include all of the following:
1. A measurement of exhaust emissions using an approved exhaust analyzer or other procedure or device approved by the board to sample the motor vehicle's exhaust emissions, specifically including the carbon monoxide and hydrocarbon content of the exhaust emissions and any other gases, vapors and particles as adopted by the board to comply with the purposes of this chapter, as expressed in section 4-4-2 of this chapter; and
2. A determination as to whether exhaust emissions meet the pass-adjust criteria; and
3. A visual inspection, for model years 1984 and newer, to verify presence of the catalytic converter, air injection system, size of the fuel restrictor and any other visual inspection components specified by the board in the Rules and Regulations; and
4. Any other inspection adopted by the board in the Rules and Regulations.
H. Failure To Meet Criteria: Where exhaust emissions do not meet the pass-adjust criteria, an indication to a motor vehicle owner of the repair and reinspection provisions of the Automotive Inspection Program.
I. Time Limit For Compliance; Reinspection: It is the responsibility of the owner of a nonexempt motor vehicle which was found not to comply with the pass-adjust criteria to have the motor vehicle brought into compliance at the owner's expense and to have it reinspected within ten (10) calendar days of the failed exhaust emissions inspection according to procedures and criteria established by the board and included in the Rules and Regulations.
J. Payment Of Fee: Each nonexempt motor vehicle shall bear a share of the cost of the Automotive Inspection Program regardless of whether the board elects to waive one or more exhaust emissions inspections for that vehicle. The motor vehicle owner for each nonexempt motor vehicle is required to submit payment to the board or other authorized representative under terms and conditions specified in the Rules and Regulations.
K. Certificate Of Compliance; Expiration: An emissions inspection mechanic who performs an exhaust emissions inspection on a motor vehicle shall, when the motor vehicle is found to comply with the pass-adjust criteria, immediately issue a Certificate of Compliance in accordance with procedures adopted by the board in the Rules and Regulations. The Certificate of Compliance will expire on the last day of the next inspection period for that motor vehicle. (1952 Code § 8-13-04)
4-4-5: Powers And Duties Of Air Quality Board
A. Meetings: The board shall conduct regular monthly meetings at such time as the board shall determine. Meetings are open to the public.
B. Adopt Rules And Regulations: The board, in accordance with the criteria expressed herein, shall adopt Rules and Regulations for the implementation and operation of the Automotive Inspection Program and amend those Rules and Regulations from time to time as it deems necessary. Rules and Regulations and amendments to the same may only be adopted at an Air Quality Board meeting with a minimum of fourteen (14) days' public notice of the board's intent to amend the Rules and Regulations.
C. Included Rules And Regulations: Rules and Regulations shall include, but not be limited to, the following:
1. Procedures for determining the exempt or nonexempt status of any motor vehicle and releasing exempt motor vehicles from further compliance with the Automotive Inspection Program;
2. Procedures for establishing the inspection period for a nonexempt motor vehicle;
3. Structure of the Automotive Inspection Program, specifically including whether repairs and adjustments to motor vehicles failing to comply with the pass-adjust criteria may or may not be made by emissions inspection mechanics who perform the original exhaust emissions inspection;
4. Procedures for licensing or contracting for automotive inspection stations, repair and reinspection stations, emissions inspection mechanics and emissions repair mechanics, and for the potential termination thereof;
5. Pass-adjust criteria for all nonexempt motor vehicles;
6. Nature and display of Certificates of Compliance on nonexempt motor vehicles which successfully comply with the pass-adjust criteria;
7. Specifications for approved exhaust analyzers or other emissions measurement devices or systems;
8. Procedures by which the fee to be charged each motor vehicle owner for each nonexempt motor vehicle is determined, or, alternatively, the fee itself;
9. Circumstances under which a waiver may be granted to exempt a nonexempt motor vehicle from the provisions of this chapter, either temporarily or permanently;
10. Minimum effort which will be required of the owner of a nonexempt motor vehicle which fails to comply with the pass-adjust criteria in order to bring the failing vehicle into compliance with the pass-adjust criteria, as well as procedures by which such minimum effort provisions may be amended from time to time. This effort shall generally be the minimum necessary to accommodate typical repair and reinspection needs and may be different for different model years;
11. Cost of a Certificate of Compliance. This shall be the minimum necessary to provide for the ongoing operation, administration, maintenance and enforcement of the Automotive Inspection Program and shall not exceed four dollars ($4.00) without concurrence of all parties to the Joint Powers Agreement;
12. The processing fee which may be assessed upon owners of nonexempt motor vehicles who fail to present their nonexempt motor vehicle for inspection within the inspection period and the procedure by which this fee is established. This fee shall be sufficient to recover costs of processing notices of violation for all nonexempt motor vehicles which do not comply with the provisions of this chapter within the inspection period;
13. Procedures governing the contracting for or licensing of automotive inspection stations, repair and reinspection stations and emissions inspection mechanics and the suspension, revocation or termination of those contracts or licenses when appropriate;
14. Schedules and deadlines for the flow of data, paperwork and information pertaining to exhaust emissions inspections among automotive inspection stations, repair and reinspection stations, exhaust emissions mechanics and the Automotive Inspection Program staff; and
15. Any other matters deemed to be within the authority of the board.
D. Code Compliance: The board may, at is discretion, employ the full power and authority of law to ensure that motor vehicle owners comply fully and completely with Idaho Code section 49-401B, specifically including correct designation of the County of residence as provided therein.
E. Quality Assurance: The board shall conduct an ongoing quality assurance program to determine that all automotive inspection stations, repair and reinspection stations and exhaust emission mechanics perform Automotive Inspection Program tasks in conformance with the adopted Rules and Regulations.
F. Suspension, Revocation, Surrender Of License: The board or its authorized representative, upon written notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of any license granted by the board which is not utilized in accordance with this chapter or the Rules and Regulations. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations and shall comply with current State law.
G. Additional Authority Of Board: The board shall have the authority to undertake any additional actions reasonably necessary to the operation of the Automotive Inspection Program, including, but not limited to:
1. Employing necessary staff;
2. Executing necessary contracts and documents;
3. Authorizing deposits into and expenditures from the Motor Vehicle Emissions Inspection Fund;
4. Acquiring and disposing of personal property;
5. Establishing an annual budget for the Air Inspection Program;
6. Operating the Automotive Inspection Program in accordance with standard fiscal practice; and
7. Providing for an annual audit of both financial and management practices of the Automotive Inspection Program.
H. Evaluation Of Program: The board shall conduct ongoing evaluations of the Automotive Inspection Program sufficient to satisfy requirements of the U.S. Environmental Protection Agency, the Ada Planning Association Board and other applicable rules and statutes. (1952 Code § 8-13-05)
A. Inspection Fund: There is hereby established a Motor Vehicle Emissions Inspection Fund, which shall consist of the following:
1. Money appropriated thereto by the board or any local entity;
2. Money remitted by automotive inspection stations and repair and reinspection stations which is collected as fees;
3. Money received by the board from private grants or donations;
4. Money received by the board from processing fees assessed to owners of nonexempt motor vehicles who do not present their vehicle for an exhaust emissions inspection during the inspection period;
5. Federal or State funds received by the board for the Automotive Inspection Program; and
6. Any other funds received by the board from any source.
B. Use Of Funds: Monies in the Motor Vehicle Emissions Inspection Fund may be used to pay all costs incurred by the board in administering any aspect of the Automotive Inspection Program.
C. Appropriation And Budget: The board shall appropriate and budget on a fiscal year basis, indicating expenditures to be made in implementing and administering the Automotive Inspection Program and sources of income to be used for such expenditures. (1952 Code § 8-13-06)
4-4-7: Inspection Criteria And Costs
A. Approved Criteria: A nonexempt motor vehicle's exhaust emissions must be less than or equal to the approved pass-adjust criteria in order for a Certificate of Compliance to be issued without further repair, adjustment or testing.
B. Requirements For Model 1984 And Newer: Nonexempt motor vehicles of the model year 1984 and newer must have a fully operational catalytic converter, air injection system, fuel restrictor and any other components, devices or systems specified by the board in the Rules and Regulations. The owner of a nonexempt motor vehicle is required to see that these systems are fully operational. An exhaust emissions inspection will not be performed on any vehicle on which one or more of these components have been subject to tampering. The owner of any nonexempt motor vehicle which has been subject to tampering must bring all components into compliance and have the vehicle inspected within the inspection period.
C. Certificate Of Compliance: Certificate of Compliance may be issued by an emissions inspection mechanic who personally has performed an exhaust emissions inspection and found the nonexempt motor vehicle to be in full compliance with the Automotive Inspection Program or by an emissions repair mechanic who has personally performed repairs and adjustments to a motor vehicle which bring such vehicle into full compliance with the Automotive Inspection Program or the board.
D. Mechanic License Or Contract Required: No person shall represent himself or herself as an emissions inspection mechanic unless he or she has a current license issued by the board or is operating under a current contract with the board.
E. Collection Of Fee: No person shall demand or collect a fee for the exhaust emissions inspection of a nonexempt motor vehicle unless authorized by this chapter. (1952 Code § 8-13-07)
4-4-8: Acquisition Of Property; Certificates Property Of Board
A. Acquisition Permitted: The board may acquire by purchase, donation, dedication or other lawful means any special equipment, tools, materials or facilities needed to adequately administer, investigate or enforce the provisions of this chapter, or the Rules and Regulations adopted pursuant hereto provided, however, any acquisition made by the board shall comply with all statutory requirements imposed upon the City for the purpose of receipt of property.
B. Certificates Property Of Board: All Certificates of Compliance are the property of the board until such time as they are issued to properly inspected motor vehicles. (1952 Code § 8-13-08)
4-4-9: Falsification Of Certificates
A. Prohibited: No person shall wilfully make, issue, display, sell or possess any imitation, counterfeit or alteration of a Certificate of Compliance. Such activities so constitute prima facie evidence of a violation of this chapter.
B. Display Unlawful: No person shall display upon any nonexempt motor vehicle a Certificate of Compliance knowing it to be issued without compliance with this chapter. Such activities so constitute prima facie evidence of a violation of this chapter. (1952 Code § 8-13-09)
Any owner who fails to present a nonexempt motor vehicle for an exhaust emissions inspection during the inspection period is in violation of this chapter and will be subject to a board processing fee and any and all other enforcement mechanisms available through Idaho Code, this chapter and other applicable Municipal or County ordinances. Nothing in this chapter shall be construed to prevent the board from requesting or utilizing any and all enforcement mechanisms granted by law. (1952 Code § 8-13-10)
Any person who violates any provision of this chapter shall be deemed guilty of an infraction and, upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b) (other infractions). Failure to satisfy judgment as ordered by the court pursuant to this chapter shall be deemed contempt of court, punishable as a misdemeanor pursuant to Idaho Code section 18-1801. (1952 Code § 8-13-11)