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Newport Beach City Council
City of Newport Beach
3300 Newport Blvd_
Newport Beach, California 92663
Dear Council Members:
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UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southwest Region
501 West Ocean Boulevard, Suite 4200
Long Beauh, Calrtornia 90802 - 4213
NOAA's National Marine Fisheries Service (NMFS) is dedicated to the stewardship of
living marine resources through science -based conservation and management, and the
promotion of healthy ecosystems. As a steward, NMFS conserves, protects, and manages
living marine resources in a way that ensures their continuation as functioning
components of marine ecosystems. The Southwest Regional Office, located in Long
Beach, California, has lead responsibility for protecting marine mammals and endangered
marine life, such as sea turtles, off the coast of California. This includes the reduction of
threats to the species, including their habitat. As the sea turtle recovery coordinator for
that office, I strongly support the Newport Harbor High School's proposal to introduce an
ordinance to prohibit or reduce the dispensing of prepared food to customers in
disposable food containers made from expanded polystyrene and non- recyclable plastic.
This ordinance will help reduce the introduction of plastics into the marine environment
and thus decrease its deleterious effects to marine species.
Compelling scientific and anecdotal reports show that many of the food containers
distributed by providers end up in the marine environment through storm drains, littering
on beaches, and other means. plastic litter and debris in the marine environment,
particularly expanded polystyrene and non - recyclable plastic, is of significant and
growing concern to NMFS and other local, state, and federal entities. plastic debris
presents direct hazards to marine life through ingestion and entanglement by marine
organisms, as well as indirect hazards due to habitat impairment and bioaccumulation of
toxins. Every year, thousands of seabirds, marine mammals, and sea turtles die due to
plastic marine debris. Because many plastics are translucent, they can easily mimic or be
mistaken for naturally occurring food sources in the marine environment by a wide range
of animals. Leatherback sea turtles, listed as endangered under the Endangered Species
Act, rely on gelatinous organisms as their primary food source and therefore can easily
mistake plastics for food, Central California has been found to be an important area for
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foraging leatherbacks that have migrated from nesting beaches in Indonesia, but they
have also been found in Southern California. A resident population of green turtles is
present year -round in south San Diego Bay. Ingestion of plastics can occlude their
digestive tract and prevent them from feeding and accruing essential fat stores necessary
for migration and reproduction. In addition, all sea turtles can become entangled in
plastics, preventing them from essential biological functions. Reducing the introduction
of plastics into the marine environment is a high priority conservation action that can help
in the recovery of endangered species and those marine organisms that depend on a
healthy and clean environment. I strongly support this proposal, and I hope that the City
of Newport Beach will set an example for other coastal cities to improve the health of
their coastline and its adjacent oceans.
Thank you for the opportunity to comment. Please feel free to contact me with any
questions. I can be reached at (562) 980 -4023 or at Christina.Pahy@noaa,aov.
Sincerely,
G� " Z41 4.
Christina C. Fahy
Sea Turtle Recovery Coordinator
2
City of
Santa Moniea',
May 21, 2007
Kevin McKeown
Councilmember
City Council Office
1685 Main Street
PO Box 2200
Santa Monica
California 90407 -2200
Dear fellow Councilmembers,
I understand that a Newport Harbor High School class is coming to you with a
heartfelt request that you protect the marine environment by passing a ban on
polystyrene food packaging, similar to the ban I brought to the Santa Monica
City Council and which we passed early this year.
While you will.likely hear the same litany of concerns from the plastics industry
that we did, I hope you Il reach the same conclusion. unrecyclable plastic
packaging is unwise, economically viable alternatives do eldst, and disruptions
can be minimized by helping your local businesses find new suppliers of more
environmentally friendly packaging.
On that last point, as our Santa Monica City staff has already done the research
and is working with our businesses right now during a phasL in period, Pd be
happy to share information and contacts with you.
The Surf and Environmental Class from Newport Harbor High School is on to
something. Please listen to your kids.
Thanks,
L. 1110
tel: 310458 -8201 . fax: 310 458 -1621 . e -mail: kevin@mckeown.net
Newport Beach Chapter of th
323 Jasmine Avenue, Corona
May 20, 2997
The Surf and Environmental Class
Teacher: Scott Morlan
Newport Harbor High School
600 Irvine Ave.
Newport Beach, CA 92663
To all the Class and Mr. Morlan:
The Surfrider Foundation Newport Beach Chapter
on all polystyrene packaging from Newport Beach.
Disposable plastic has quickly become one of the r
much of it is carried onto our beaches as well. This
become a toxic killer of marine life and waterfowl.
Surfrider Foundation
Mar, CA 92625
supports your request for a ban
problems for litter on our ground, but
is also breaks down in the ocean to
Our Chapter applauds your efforts to bring awarenes to this major unseen issue. We
strongly stand behind your action to begin to bring th se toxic products under control and
provide for safer and cleaner oceans, waves and be hes.
Thank you very much for all your efforts.
Keep
the stokel
Newport Beach Chapter of the Surfrider Foundation
310.849.1964 soswaterrays(cDyahoo.com
DRAFT— PROPOSAL DEVELOPED BY NEWPORT HARBOR HIGH SCHOOL SURFAND ENVIRONMENTAL CLASS
City Council Meeting Newport Beach, CA
ORDINANCE NUMBER (CCS)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH BANNING NON - RECYCLABLE PLASTIC DISPOSABLE
FOOD SERVICE CONTAINERS
WHEREAS, there are currently over 300 individual restaurants and food service businesses in Newport Beach;
and
WHEREAS, many of these businesses use disposable food containers made from expanded polystyrene (EPS)
and other non - recyclable plastics; and
WHEREAS, EPS is not biodegradable and as a result persists in the environment for hundreds and possibly
thousands of years; and
WHEREAS, EPS material easily breaks down into smaller pieces and is so light that it floats in water and is
easily carried by the wind, even when it has been disposed of properly, and
WHEREAS, numerous studies have documented the prevalence of EPS debris in the environment, including in
storm drains and on beaches, causing Newport Beach residents to pay thousands of dollars in clean -up costs; and
WHEREAS, marine animals and birds often confuse EPS for a source of food and the ingestion of EPS often
results in reduced appetite and nutrient absorption and possible death by starvation of birds and marine animals; and
WHEREAS, recycling of EPS products is not currently economically viable; and
WHEREAS, there are several alternatives to EPS disposable food service containers available in Newport Beach
from existing food packaging suppliers; and
WHEREAS, an important goal of any city's sustainable city plan is to procure and use sustainable products and
services; and
WHEREAS, it is the City's desire to reduce the amount of beach litter and marine pollution and to protect local
wildlife, both of which increase the quality of life to Newport Beach residents and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5.44 is hereby added to the Newport Beach Municipal Code as follows:
5.44.010 Definitions
(a) "Biodegradable" refers to the ability of a material to decompose into elements normally found in nature within a
reasonably short period of time after disposal.
(b) "City Facilities" refers to buildings and structures owned or leased by the City of Newport Beach.
(c) "Disposable Food Service Container means single -use disposable products used in the restaurant and food
service industry for serving or transporting prepared, ready -to- consume food or beverages. This includes but is not
limited to plates, cups, bowls, trays and hinged or lidded containers. This does not include single -use disposable items
such as straws, cup lids, or utensils, nor does it include single -use disposable packaging for unprepared foods.
(d) "Expanded Polystyrene" (EPS) means polystyrene that has been expanded or "blown" using a gaseous blowing
agent into a solid foam.
(e) "Food Provider' means any establishment, located or providing food within the City of Newport Beach, which
provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales
outlet, restaurant, grocery store, super market, delicatessen, catering truck or vehicle, or any other person who provides
prepared food; and any organization, group or individual which regularly provides food as a part of its services.
(f) "Non- Recyclable Plastic" refers to any plastic which cannot be feasibly recycled by a municipal recycling program
in the State of California, including polystyrene and expanded polystyrene.
DRAFT— PROPOSAL DEVELOPED BY NEWPORT HARBOR HIGH SCHOOL SURFAND ENVIRONMENTAL CLASS
(g) "Polystyrene' means and includes expanded polystyrene which is a thermoplastic petrochemical material utilizing
a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and extrusion -blow molding (extruded foam polystyrene).
The term "polystyrene" also includes clear or solid polystyrene which is known as "oriented polystyrene ".
(h) "Prepared Food" means any food or beverage prepared for consumption on the food provider's premises, using
any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided
for consumption without further food preparation.
(i) "Recyclable Plastic" means any plastic which can be feasibly recycled by a municipal recycling program in the
State of California. Recyclable plastics comprise those plastics with the recycling symbols #1 through #5 including
polyethylene terephthalate (PET or PETE), high density polyethylene (HDPE), low density polyethylene (LDPE), and
polypropylene (PP).
5.44.020 Prohibition on the Use of Non - Recyclable Plastic Disposable Food Service Containers
A. Except as provided in Section 5.44.030, food providers are prohibited from dispensing prepared food to
customers in disposable food service containers made from expanded polystyrene.
B. Except as provided in Section 5.44.030, food providers are prohibited from dispensing prepared food to
customers in disposable food service containers made from non - recyclable plastic.
C. All City Facilities, City- managed concessions, City sponsored events, and City permitted events are prohibited
from using disposable food service containers made from expanded polystyrene or non - recyclable plastic.
5.44.030 Exemptions
(a) The Director of the Environmental and Public Works Management Department (EPWM), or his /her designee, may
exempt a food provider from the requirements of this ordinance for a one year period, upon showing by the food provider
that the conditions of this ordinance would cause undue hardship. An "undue hardship" shall be found in:
1. Situations unique to the food provider where there are no reasonable alternatives to expanded
polystyrene or non - recyclable plastic disposable food service containers and compliance with this Chapter would
cause significant economic hardship to that food provider,
2. Situations where no reasonably feasible available alternatives exist to a specific and necessary expanded
polystyrene or non - recyclable plastic food container. A food provider granted an exemption by the City must re-
apply prior to the end of the one year exemption period and demonstrate continued undue hardship, if it wishes to
have the exemption extended. Extensions may only be granted for intervals not to exceed one year.
(b) An exemption application shall include all information necessary for the City to make its decision, including but not
limited to documentation showing the factual support for the claimed exemption. The Director may require the applicant to
provide additional information to permit the Director to determine facts regarding the exemption application.
(c) The Director may approve the exemption application, in whole or in part, with or without conditions.
(d) Exemption decisions are effective immediately and final and are not subject to appeal.
5.44.040 Enforcement and Notice of Violations
A. The Director of EPWM or his /her designee shall have primary responsibility for enforcement of this ordinance and
the Director of EPWM or his /her designee shall have authority to issue citations for violation of this Chapter. The Director
of EPWM or his /her designee is authorized to establish regulations or administrative procedures and to take any and all
actions reasonable and necessary to further the purposes of this chapter or to obtain compliance with this chapter,
including, but not limited to, inspecting any vendor's premises to verify compliance in accordance with applicable law.
B. Anyone violating or failing to comply with any of the requirements of this chapter or of any regulation or
administrative procedure authorized by it shall be guilty of an infraction.
DRAFT— PROPOSAL DEVELOPED BY NEWPORT HARBOR HIGH SCHOOL SURF AND ENVIRONMENTAL CLASS
C. The City Attorney may seek legal, injunctive, or any other relief to enforce this chapter and any regulation or
administrative procedure authorized by it.
D. The remedies and penalties provided in this chapter are cumulative and not exclusive of one another.
5.44.050 Penalties and Fines for Violations
Violations of this ordinance shall be enforced as follows:
A. For the first violation, the Director of EPWM or his /her designee, upon determination that a violation of this
chapter has occurred, shall issue a written warning notice to the food provider which will specify the violation and the
appropriate penalties in the event of future violations.
B. Thereafter, the following penalties shall apply:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation following the issuance of a
warning notice.
2. A fine not exceeding two hundred and fifty dollars ($250.00) for the second and any other violation that
occurs following the issuance of a warning notice.
C. Fines are cumulative and each day that a violation occurs shall constitute a separate violation.
5.44.60 Effective Dates
A. No food provider shall distribute or utilize disposable food service containers containing expanded polystyrene or
non - recyclable plastic on or after one year following the adoption of this ordinance by the City Council.
B. No City facilities, City managed concessions, City sponsored events or City permitted events shall distribute or
utilize disposable food service containers containing expanded polystyrene or non - recyclable plastic on or after the
effective date of this ordinance
SECTION 2. Any provision of the Newport Beach Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that
extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to
whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City
Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This
Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
ROBIN. CLAUSON "
City Attorney
* * ** *This is a draft — developed by students