HomeMy WebLinkAboutR07-124 Aircraft Deicing Rules and Regulations•
Commissioner ~''~ moved adoption of the following resolution:
BOARD OF COUNTY COMNIISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 200
RESOLUTION ADOPTING
EAGLE COUNTY REGIONAL AIRPORT AIRCRAFT DEICING
RULES AND REGULATIONS
WHEREAS, the Eagle County Air Terminal Corporation ("ECAT") and the Eagle County
("County") partnered to build a deicing facility at the Eagle County Regional Airport ("Airport"); and
WHEREAS, pursuant to Section 2.2 of the Deicing Facility Sublease entered into as of June
1, 2006, by and between ECAT and the County, the County has the right, privilege, and obligation to
conduct and operate the public deicing facility located at the Eagle County Regional Airport, and to
charge such fees as the County may deem appropriate for use of the deicing facility; and
WHEREAS, in order to efficiently and safely conduct and operate the public deicing facility,
and to monitor and control the runoff from aircraft deicing operations, the County deems it necessary
to adopt reasonable regulations concerning the delivery, handling and dispensing of aircraft deicing
fluid; and
WHEREAS, the County further deems it appropriate to require deicing company
representatives, prior to conducing deicing services at the Airport, to receive proper Federal Aviation
Administration training and to register with and obtain an operation license issued by the Airport;
WHEREAS, these deicing regulations and licensing requirements are critically important in
ensuring the proper operation of the Airport's systems for capturing spent Airport Deicing Fluid and
thus protecting the Airport's environment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONIlVIIS5IONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Eagle County Regional Airport Aircraft Deicing Regulations shall be adopted in
the form attached hereto as Exhibit "A" and incorporated herein by this reference.
THAT, the Aircraft Deicing Regulations set forth herein shall be effective as of December 4,
2007.
THAT, should any section, clause, provision, sentence or word in this Resolution be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this
Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this
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purpose, this Resolution is declazed to be severable.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary for
the health, safety and welfaze of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the County of
Eagle, State of Colorado, at its regulaz meeting held this 4~' day of December, 2007.
COUNTY OF EAGLE, STATE OF COLORADO
By and Throw Board of County
ATTEST:
~~
M:
~~..~ ~ ~
Clerk of the Board of County ool~PO° _.
Commissioners y;
Saza J. Fish r, Cenmrissioner _ _
B
Peter F.
Commissioner L. ~, ~ `~
seconded adoption of the foregoing resolution. The roll
having been called, the vote as as follows:
Commissioner Arn M. Menconi ~~
Commissioner Saza J. Fisher ~° ~_
Commissioner Peter F. Runyon
This Resolution passed by ~A f~ vote of the Boazd of County
Commissioners of the County of Eagle, State of Colorado.
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EAGLE COUNTY REGIONAL AIRPORT
AIRCRAFT DEICING REGULATIONS
Section One: Eagle County Regional Airport Deicing Facilities.
1.0 The Eagle County Air Terminal Corporation ("ECAT") owns the aircraft deicing
system located at the Eagle County Regional Airport ("EGE"). Pursuant to an agreement
between ECAT and the Airport, the Airport will operate and maintain the aircraft deicing
system. The aircraft deicing system receives and stores Type I and Type IV Aircraft
Deicing Fluid ("Deicing Fluid") and recovers spent Aircraft Deicing Fluid from the
authorized deicing area;
1.1 No tenant or Airport user, including any commercial airline, shall construct or
alter the aircraft deicing system or a separate facility for the receipt, storage and
distribution of Aircraft Deicing Fluid, unless such construction or alteration is performed
under and according to the terms of a lease, permit or other agreement signed by the
Eagle County.
Section Two: Aircraft Deicing Service License Reauired.
2.0 Each commercial airline operating at EGE may select a primary Deicing
Company ("Deicing Company") to receive, store, dispense and handle its Aircraft
Deicing Fluids and provide Aircraft deicing service. Deicing Companies that will be
storing, handling and dispensing the Aircraft Deicing Fluids and providing the aircraft
deicing service must apply for, and be issued a Deicing Service License (hereinafter,
"Deicing Service License" or "License") by EGE prior to delivering, receiving, handling
and/or dispensing aircraft deicing fluids or performing aircraft deicing services at EGE.
2.1 No person or agency shall transport, handle or dispense any Aircraft Deicing
Fluid to any point within EGE unless that person or agent holds a valid Drivers License
issued by the state of Colorado, a Deicing Service License issued by the Airport Manager
in accordance with these Regulations, and all necessary vehicle operations certif cations
and SIDA privileges.
2.3 Deicing Service Licenses are issued by the Eagle County Regional Airport
Manager ("Airport Manager") or his authorized designee, and must be renewed annually.
Deicing Service License applications shall be submitted to the Airport Manager,
providing the information required by Section 3 of these Regulations, and in a form
acceptable to, the Airport Manager. Upon submission of a complete application
demonstrating eligibility for a Deicing Service License under these Rules, and payment
of the licensing fee, a Deicing Service License will be issued to the Deicing Company
representative ("Licensee").
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Section Three: Aaalication for a Deicine Service License.
3.0 An application for a Deicing Service License shall be submitted to the Airport
Manager and shall contain the following information, supporting documents and
application fees:
a. The name, address and telephone number(s) of the deicing service
company;
b. The name, address and telephone number(s) of the person applying for the
license, hereinafter referred to as the Applicant;
c. The trade or other name, if any, under which the Applicant does business
or proposes to do business;
d. The airline(s) to be served by the Deicing Service Company;
e. Certificates of insurance as required by Section 6.2 of these Regulations;
£ Certificate of training, indicating that the individual applicant has been
trained and certified to provide deicing services by an FAA approved deicing
training program pursuant to 49 C.R.F. 121.629 and that the Licensee has
received all applicable certifications required by the airline company for which
the Licensee will be providing Deicing Services;
g. Evidence of demonstrated experience performing aircraft deicing services;
h. A proposed work plan for the Deicing Company's EGE operations, which
shall include an equipment and staffing plan for such operations and an estimate
about the number of gallons of Aircraft Deicing Fluid, including concentrate
information, that will be delivered to EGE on a monthly basis;
i. Any additional information necessary for the applicant's background
check.
Section Four: Issuance of a New Deicing Service License.
4.0 Upon receipt of a complete application for a license to provide Deicing Services,
the Airport Manager or his designee shall review the application. A license shall be
issued on each application that complies with the requirements set forth in Section 3 and
in which the applicant satisfactorily passed a background check conducted by the Airport.
Licenses will be issued by the Airport Manager or his designee and shall be valid for a
period of twelve (12) months, beginning October 1 and ending on September 30 of each
year, so long as the license holder and deicing company continue comply with the
requirements of these Regulations. Licenses issued after October 1 shall be valid through
September 30 of the succeeding year.
Section Five: Renewal of Deicing Service License.
5.0 Unless revoked by the Airport Manager any license issued by the Airport may be
renewed by submitting to the Airport Manager or designee a completed application for
renewal containing the required information and necessary supporting documents.
Application for renewal shall be filed annually, but not less than thirty (30) days before
the date the license expires.
Section Six: Licensee Reauirements.
6.0 Compliance with SWMP and Snow Plan
Each Licensee shall comply with the Airport Manager's lawful directives concerning the
Airport Storm Water Management Plan and the Airport's Snow and Ice Control Program
during all deicing operations.
6.1 Safety and Training
Each Deicing Service Company is responsible for establishing, ensuring proper training
of all employees, and enforcing proper safety procedures for its deicing company
contractors, personnel, agents and representatives, in accordance with all local, state, and
federal laws and regulations.
6.2 Insurance
a. No Deicing Company or Deicing Company Representative may handle
Aircraft Deicing Fluid or provide Deicing Services at EGE unless it is covered by
workers' compensation insurance, commercial or comprehensive general liability
insurance, complying motor vehicle liability insurance, professional liability insurance,
and other insurance policies as may be required by law, in amounts that meet or exceed
limits specified in the Workers' Compensation Act, the Governmental Immunity Act, the
Motor Vehicle Financial Responsibility Act, or other applicable statutes, furnished by an
insurance carrier appropriately licensed to write such policies in Colorado. Every
insurance policy required shall provide for continuing liability thereunder to the full
amount, not withstanding any recovery thereon, that the liability of the insured shall not
be affected by the insolvency or bankruptcy of the insured and that the insurance
company will not be relieved from liability on account of nonpayment of premiums or
any act or omission of the insured unless the policy is canceled, terminated or revoked
with appropriate written notification as required in these Regulations.
b. In addition to the coverage described above, each deicing service shall
maintain insurance coverage in the following minimum amounts:
Public Liability and Bodily Injury:
Each Person $1,000,000
Each Accident $2,000,000
Property Damage:
Each Accident $1,000,000
Professional Liability:
Each Person $1,000,000
Each Accident $2,000,000
c. The Airport shall be notified, in writing, thirty (30) days prior to any
cancellation, termination, revocation or other material change in coverage.
d. Proof of insurance shall be filed with the Airport Manager with the
application for a deicing license as required in Sections 3, 4 and 5 of these Regulations.
e. A certificate of insurance, with the Eagle County Regional Airport named
as certificate holder, shall indicate the vehicles covered by the policy, type of insurance,
policy number(s), policy effective date and expiration date and amount of coverage.
Notification of any changes in insurance, including vehicles covered under the policy,
shall be made to the Airport in writing, and a new certificate of insurance forwarded to
the Airport Manager within thirty (30) days of the changes.
Section Seven: Aircraft Deicing Procedures.
7.0 Compliance
All aircraft Deicing Services will be conducted in accordance with Federal Aviation
Administration (FAA) directives, aircraft manufacturer's specifications, the Airport
Manager's directives, the Airport's Storm Water Management Plan, the Airport's Snow
Plan; and Airport Rules and Regulations as may be adopted and/or amended from time to
time, and all other applicable local, state, and federal laws and regulations.
7.1 Aircraft Positioning
Aircraft shall be positioned in such a manner that the spray from performing deicing does
not contaminate other vehicles or people (i.e., overspray on food trucks, loading trucks,
ramp service vehicles or personnel). Aircraft shall be positioned on the designated
deicing parking areas in a manner which ensures that all runoff of Aircraft Deicing Fluid
applied to the aircraft will fall within the deicing waste collection trench drains.
7.2 Approved Deicing Fluids .
Only Type I and Type IV propylene glycol based fluids shall be used for aircraft deicing
at the Eagle County Regional Airport. No other products shall be used without prior
written consent from the Airport Manager or his designee. A Deicing Company may not
use Aircraft Deicing Fluid at less than 50°1o concentrate without receiving prior written
approval from the Airport Manager.
7.3 Approved Deicing Locations.
Aircraft deicing services may be conducted only in the designated Deicing Area, located
in aircraft parking position 1 and parking position 2.
7.4 Locations Where Deicing is Prohibited
Aircraft deicing is prohibited on airport ramp taxiways, taxiways and runways. No
aircraft will be deiced in an area that has not been approved by the Airport Manager or
his designee.
7.5 Authorization to Deice
Deicing areas will generally remain in deice capture mode during the normal deicing
season (October through March); however, deicing areas may be in anon-deice, or non-
capture, mode based on time of year (spring/summer) or history of use. Prior to
conducting Deicing Services during fall and spring months, Licensees must confurn with
the Airport Manager, or his designee, that the collection system at the deicing location is
in deice capture mode (i.e., valves at the areas are positioned properly to allow the spent
Aircraft Deicing Fluid to be captured) prior to beginning deicing. Deicing Service
operations conducted without authorization from Airport Manager may be cause for
suspension or revocation as provided in Section Twelve herein.
7.8 Deicing only when Aircraft Engines are not running
Aircraft engines must be off and may not be running during Deicing Service operations at
EGE.
7.9 Deicing services
A Licensee may provide deicing services, including but not limited to delivery, handling
and spraying of deicing fluid, only for the benefit of those commercial airline
companies/commercial aircraft expressly designated on its Application for a Deicing
Service License as required by Section 3.0(d) herein. A Licensee wishing to provide
deicing services to an aircraft not owned by the company expressly designated on its
Application for Deicing Service License must first seek written approval from the Airport
Manager.
Section Eight: Procedures For Loading. Transfer and Storage of Aircraft Deicing
Fluid: Delivery Fees.
8.0 The airlines are responsible for ensuring that their agreement with a Deicing
Company provides for an adequate supply of Aircraft Deicing Fluid. The Deicing
Company is responsible for ensuring that adequate supplies of Aircraft Deicing Fluid are
delivered in a timely manner and available on site.
8.1 Loading, transfer and storage of Aircraft Deicing Fluid must be performed in '
accordance with all applicable local, state and federal laws and regulations and with
EGE's Storm Water Management Plan.
8.2 Upon initial delivery of Aircraft Deicing Fluid, prior to drop off or use of the
Aircraft Deicing Fluid, the Licensee must check in with the Airport Manager or his
designee. At check in, the Licensee shall provide proof of the number of gallons of
Aircraft Deicing Fluid being delivered to Licensee. Proof shall be provided in the form
of a signed delivery bill, addressed to Licensee, clearly displaying fluid volumes and
concentration of the fluid mix.
8.3 Each commercial airline company will be charged $2.00 per gallon of 100%
concentrate Aircraft Deicing Fluid delivered to EGE on its behalf. Invoices will be sent
to the Deicing Company on a monthly basis. Payment will be due within thirty (30) days
of the date of the invoice. Late payments shall bear interest at the rate of one and one
half percent (1.5°Io) per month.
8.4 Failure to timely pay all fees required by this Section may result in suspension or
revocation in accordance with Section Twelve of these Regulations. Licensee may be
denied access to the Airport until payment is made in full, including any late fees and
interest.
Section Nine: Swills.
9.0 Any spill of Aircraft Deicing Fluid must be reported immediately to the Airport
Manager, or his designee. Spilled Aircraft Deicing Fluid must be contained and cleaned
up by the responsible party in accordance with the directives of the Airport Manager.
Section Ten: Diswosal of "Unused" or "Out of Swec" fluids.
10.0 The disposition of unused or out of spec fluids from deice vehicles must be
coordinated with the Airport Manager, or his designee. Unused or out of spec fluids shall
be recycled to the extent practicable. Materials not acceptable for recycling must be
disposed off-site at an appropriately permitted facility.
Section Eleven: Parking of Deice Trucks.
11.0 Deicing vehicles and support equipment shall be parked in designated parking
places and will not be parked in aircraft operating areas unless actively engaged in deice
operations or in support of aircraft in the gate. Parking locations shall be approved by the
Airport Manager or designee for approval prior to the issuance of the Deicing Services
License.
Section Twelve: Suswension or Revocation of License for noncomwliance with these
Regulations.
12.0 The Airport Manager may, on his own initiative or upon written complaint made
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13.0 These Deicing Regulations may be changed at any time by action of the Board of
County Commissioners.
13.1 Severability: If any of the provisions of these regulations are determined to be
invalid, such determination shall not affect the remaining provisions of these regulations.
13.2 Remedies: These regulations create no third-party beneficiaries and no private
remedies for the breach of any provision of these regulations. The penalties set forth
herein are the sole and exclusive penalties and remedies for the breach of any provisions
of these regulations.
Dated: December 4, 2007
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by any party, temporarily `suspend, suspend for a definite period, or revoke any license
issued pursuant to these Regulations upon a determination that a violation of these
Regulations by a Licensee has occurred, or in his sole discretion, that the health, safety or
welfare of the traveling public or EGE requires such suspension or revocation. A
suspension or revocation shall be effective upon delivery of written notice to the Licensee
by the Airport Manager. Any written notice of suspension or revocation shall also
provide notice of the time, date, and place of a hearing before the Airport Manager to
consider the temporary suspension the License. Except upon written consent of the
Licensee, the hearing shall be held not more than ten (10) business days following the
effective date of the temporary suspension. Any decision of the Airport Manager may be
appealed to the Eagle County Manager. The Eagle County Manager's decision following
said hearing shall be deemed fmal agency action.
12.1. Following receipt of a written notice of suspension or revocation, the licensee
shall surrender and deliver its license to the Airport Manager within forty-eight (48)
hours.
12.2 Any notice issued pursuant to these Regulations shall be made in writing and
provided to the Licensee and the Deicing Company at the address(es) listed in the
application for license.
Section Thirteen: Miscellaneous Provisions.
ATTEST:
By:
Teak J.
(h ~ ~• l..
EAGLE C
BY AND
COMMISd
By:
o~ ~~~ ~~
I
.~
n, Clerk to d~
~ '~'
STATE OF COLORADO
~H ITS BOARD OF COUNTY
i. Chairman
