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HomeMy WebLinkAbout30 - Polystyrene Food PackagingCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 30 June 10, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Recommendation from Environmental Quality Affairs Committee Regarding Limitations on Use of Polystyrene Food Packaging Materials ISSUE: Should Newport Beach prohibit the local use of polystyrene food packaging materials? RECOMMENDATION: Provide direction to staff. DISCUSSION: Background: The City Council has received presentations from students at Mariners' Elementary School and Newport Harbor High School (NHHS) regarding the environmental effects of polystyrene (Styrofoam), and requests for the City Council to ban its use. When this issue was presented to the City Council in June 2007, staff provided the attached report requesting policy direction. The City Council approved Tier 1 and Tier 2 actions, with an exemption for OASIS. Tier 1 includes activities such as increased enforcement of and penalties for littering and increased City actions to keep trash out of the storm drain system. Tier 2 is a prohibition on City use of polystyrene, including purchase, use at City- sponsored events and use at events needing a Special Event Permit. The Environmental Quality Affairs Committee (EQAC) has received presentations similar to those made to the City Council, and EQAC members have conducted their own research into the effects of polystyrene and actions taken by other cities to ban its use. At their meeting of May 19, 2008, EQAC unanimously approved the attached memorandum to the Mayor and Council. It discusses research on the effects of Recommendation from EQAC Regarding Limitations on Use of Polystyrene Food Packaging Materials June 10, 2008 Page 2 polystyrene and actions taken by other cities in California, and recommends that "the City of Newport Beach take action to limit, and eventually ban, the local use of polystyrene food packaging materials." More specifically, EQAC recommends an ordinance that would take effect within one year. This recommendation is consistent with Tier 3 in the June 12, 2007 report. Analysis: Staff views working with local restaurants and food serving establishments to eliminate their use of polystyrene as something that has strong potential to have an effect on the overall impacts from this material. As examples, attached to this report are ordinances adopted by the Cities of Laguna Beach and Oakland, and a draft prepared by the NHHS Surf and Environmental Class. Should the City Council be interested in a ban on such products, while that sounds like a responsible action for the City Council to take, it is not without its issues. Minimal Reduction in Local Beach Litter The NHHS students talked about the product ending up on our beaches and the environmental damage it can do to sea life, in addition to the beach litter it creates. Staff estimates that more than ninety percent (90 %) of our beach visitors live in other cities, and very few stop in Newport Beach to purchase their food and drink prior to going to the beaches. Most start out their trip with food and drink already packed. Therefore, the effect of a local polystyrene ban might not be noticeable in reduced litter on our beaches. The effort to educate these beach users would require a non - ending effort to be effective. Enforcement A ban on polystyrene is not a regulation that would be enforced by the beach lifeguards, nor by the Police. If it were left up to our Park Patrol staff to enforce, that enforcement would be sporadic, given the other responsibilities of the position and the little time our Park Patrol people spend on the beaches. Enforcement by Code and Water Quality Enforcement staff would also be sporadic, unless additional overtime for weekend enforcement was used. Therefore, there is the issue of a regulation being put in place with adequate signage, but with no direct enforcement follow -up. The City did ban smoking on the beach without active enforcement, so there is a precedent for doing so. However, such lack of enforcement can cause frustration on the part of those people who take the ban seriously and want others to respect it, setting up situations for potential conflict among beach users. I Recommendation from EQAC Regarding Limitations on Use of Polystyrene Food Packaging Materials June 10, 2006 Page 3 Public Notice The best method to notify people, especially visitors from outside Newport Beach, that a ban on polystyrene products is in force is problematic. This could be handled by incorporating an enforcement message on existing signs. However, signs already contain a list of beach regulations that, unless someone takes the time to read them, may be lost to beach users. Additional signage has the potential to cause beach signage clutter. Restaurant Impacts A representative of the Earth Resources Foundation has met with the Restaurant Association Board of Directors and shared information on alternative materials that could be used in place of polystyrene products. While the Board did not take action on the matter and expressed concerns about costs to their industry, they recognized that a polystyrene ban may be inevitable and expressed willingness to assist in its implementation, if that is the direction taken by the City Council. Staff Time Preparation of an ordinance appropriate for Newport Beach will require staff time for additional research, coordination with the Newport Beach Restaurant Association, and analysis of economic impacts and means of enforcement. Submitted by: Sharon Wood Assistant City Manager Attachments: 1. City Council Staff Report, June 12, 2007 2. Memorandum from EQAC 3. Laguna Beach Ordinance 4. Oakland Ordinance 5. NHHS Draft Ordinance 3 THIS PAGE LEFT BLANK INTENTIONALLY y 0 L---j • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. June 12. 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport - beach.ca.us SUBJECT: Policy Direction regarding Polystyrene Use in Newport Beach ISSUE: What should be done to reduce or eliminate the amount of polystyrene that appears on our beaches and in our local waterways? RECOMMENDATION: Direct staff to pursue one or more (or none) of the polystyrene reduction options listed in this staff report and to return at a future meeting with implementation language for additional consideration. DISCUSSION: In recent weeks, students at Newport Harbor High School have asked the City to consider a ban on polystyrene (also known as Styrofoam @) in our community, in order to attempt to reduce the amount of polystyrene in our waterways and on our beaches. Polystyrene is a commonly found waste product on our beaches, and does not decompose rapidly. If the Council is concerned about the quantity of polystyrene found in the community, it could do a variety of things to reduce the amount of it that end up as waste: Tier 1 - Activities that Do Not Involve a Ban A. Increase penalties for tittering. B. Increase enforcement against littering. C. Increase amount of street - sweeping where trash tends to accumulate. D. Expand the City's catch basin screen program, keeping as much trash out of our waterways by keeping it out of the storm drain system. E Work within the National Pollutant Discharge Elimination System (NPDES) and with the Regional Water Board to encourage upstream cities to expand their catch basin screen programs (many cities don't have the programs at all), to better enforce anti - litter laws, 5 Polystyrene Options June 12, 2007 Page 2 and to add to the number of trash booms in key waterways that end up in Newport Bay or the Santa Ana River F. Adopt a community recognition program for businesses, schools, and other entities that follow key trash reduction principles, including on -site recycling, participation in Coastal Clean -up Days, and ending or reducing the amount of non - biodegradable packaging products they use (including polystyrene) COMMENTS: Each of these Tier 1 ideas are relatively simple to enact, but could involve some small additional costs to purchase alternative products. According to General Services Director Mark Harmon, items 1 -C and 1 -D will involve significant cost increases, depending on the scope of the program expansion. Tier 2 - Polystyrene Prohibitions Relating to City Activities or Permitted Events A. Adopt a Council Policy prohibiting the City government from purchasing or using polystyrene. B. Adopt a Council Policy requiring that any City - sponsored special a vent (CDM 5K, OC Marathon, etc) not use polystyrene. C. Direct staff to include language in all new concession contracts that prohibits concessionaires from using polystyrene for food service or packaging and that requires a recycling program at the concession site. D. Adopt a Council Policy that requires any e vent needing a Special Event Permit (most activities that in volve the rental or use of city facilities) to expressly prohibit the use of polystyrene materials for the special event. COMMENTS: These Tier 2 ideas can be enacted without too much difficulty, provided that we are able to find comparable products (especially for food service and food warming) to replace polystyrene. It may be somewhat difficult to proactively enforce the Special Event Permit restrictions, so we may end up doing that on an after - the -fact basis. Holding back a deposit might be a way to make the enforcement aspect of this work. The ideas are generally symbolic in nature, but they could reduce the amount of polystyrene on our beaches to a small extent. In preparing this staff report, I surveyed several departments that may use polystyrene. Celeste Jardine -Haug of the OASIS Senior Center reports that 'The daily meals program uses Styrofoam® plates and cups ... they would have to move to paper which might be more money. (As to the) ...Meals on Wheels (program), ...only a couple of things (they use) have Styrofoam ®. (OASIS) uses cups only and could move to paper (cardboard). For special events we could use real plates and wash them (lots of time and staff needed) or find a stiffer paper type plate. I believe that would increase cost. All in all, it would be doable." Tier 3 - Outright Bans A. Amend the Municipal Code to prohibit the use ofpolystyrene by any food service establishment. B. Amend the Municipal Code to prohibit the use ofpolystyrene by anyperson using an ocean or bay beach. C. Amend the Municipal Code to prohibit the use ofpolystyrene by any business, school, government, or non profit in Newport Beach's corporate limits. D. Amend the Municipal Code to prohibit the use or sale ofpolystyrene products by any business, school, or non profit in Newport Beach's corporate limits. I Polystyrene Options June 12, 2007 Page 3 COMMENTS: These ideas in Tier 3 require greater enforcement resources and will be challenging to maintain over time. They may have some effect in reducing the amount of polystyrene that ends up in our waterways and on our beaches, but likely not as much of an effect as proponents think. Some (if not most) of the waste we see on our beaches and in our harbor comes from upstream sources or drifts onto our beaches from boats, other watersheds (including the Los Angeles River, the San Gabriel River, and more) after being transported by ocean currents. Each of these Tier 3 options should, as a courtesy, be discussed with local businesses, the Chamber of Commerce, and the restaurant association before further consideration. Council may wish to discuss these various alternatives, offer other alternatives not listed here, and direct staff to return with specific implementation of one or more options at a future Council meeting. Committee Action: This item has not been heard by any Committee. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: Dave Kiff Assistant City Manager THIS PAGE LEFT BLANK INTENTIONALLY. 0 • 0 23 May 2008 To: Ed Selich, Mayor, City of Newport Beach From: Environmental Quality Affairs Citizens Committee (EQAC) Subject: Limitations on use of polystyrene packaging in Newport Beach CC: Councilmembers: Curry, Daigle, Gardner, Henn, Rosansky, Webb Polystyrene is used in packaging of food, electronics and a wide variety of consumer products commonly available in our community. Styrofoam (an air - blown, expanded form of polystyrene) is commonly used in beverage cups, "peanut" packaging fillers, pre - formed electronics shipping containers and super market food packages, but some form of polystyrene can be found in the packaging of a majority of the products we buy. Hundreds of tons of such material are produced and used in California each year with Newport Beach using its proportionate share. Although some of the material finds its way into landfills and recycling centers, a large portion is used and discarded in such a way as to find its way into our storm drains, rivers, streams, bay and ocean or onto our beaches. Based on our population, Newport Beach alone could be using and disposing of over 300 tons per year of polystyrene in support of our local food service industry (reference 1). Since polystyrene does not naturally decompose, the majority of this builds up in our landfills or pollutes the ocean. This conclusion is supported by a study by the California Integrated Waste Management Board (reference 2, Executive Summary) that states: "There is no meaningful recycling of food service polystyrene ". This issue has been studied extensively by the Earth Resources Foundation and Newport Harbor High School Surf and Environmental Class. They have collected a significant inventory of technical articles and studies detailing the extent and severity of the problems. Reference 3 is a marine research technical report showing the extensive impact of plastic debris on the zooplankton in the Pacific Ocean off California, describing it as a "major threat to marine life ". Reference 4 is an Orange County Grand Jury Report that addresses effective control of debris in the Orange County 0 watershed and harbors, and suggests in recommendations 7 & 8 (pg. 11) that the County and cities should implement procedures to "prohibit the use of disposable plastics and Styrofoam" and "encourage businesses ....to reduce the use and sale of disposable plastic and Styrofoam ". Elimination of these materials will require that some businesses change their packaging approaches. To assist them in this task, Reference 5 is a list of 32 distributors of biodegradable and recyclable food service containers that can be used as substitutes for current containers. Many California municipalities have already recognized the situation and enacted ordinances either banning or severely limiting the local use of polystyrene food packaging (reference 6). In most cases, these ordinances have been limited to "takeout food packaging" with adequate lead -time provisions to allow affected vendors to find alternative, affordable packaging approaches. In most cases the municipalities have preceded the ordinances with self - imposed restrictions on city operations to demonstrate viability and to allow for time to prepare. Over 30 communities are listed in the reference 6 article including Long Beach, Los Angeles, Santa Monica and Laguna Beach (where Municipal Code Section 7.05, "Disposable Food Containers" goes into effect July 1, 2008). Recognizing the significance of this problem, EQAC believes that it is now reasonable for the City of Newport Beach to take action to limit, and eventually ban, the local use of polystyrene food packaging materials. Our stewardship of the local waterways, beaches and ocean demands it, and a large number of other communities have successfully paved the way for us. We recommend that preparation of an appropriate ordinance should proceed with the objective of implementation within one year from now. H REFERENCES "Environmental Effects of Polystyrene Production and Disposal ", 3/1/07, Californians Against Waste, www .cawrecyclables.org/issues /epss environmental effects 2. "Use and Disposal of Polystyrene in California ", Dec. 2004, Report to California Legislature by California Integrated Waste Management Board, www.ciwmb.ca.gov/Publications/Plastics/43204003.pdf "Density of Plastic Particles found in Zooplankton Trawls from Coastal Waters of California to the North Pacific Central Gyre ", by C.J. Moore, G. L. Lattin, A. F. Zellers, Algalita Marine Research Foundation, 148 N. Marina Drive, Long Beach, CA 90803, USA www.al aliQ ta.orW/pdf/ Density %20of%20Particles %20spellchkdll - OS.pdf 4. "The Rainy Season's `First Flush' Hits the Harbors of Orange County ", Orange County 2000 Grand Jury Report and Recommendations, www.oc rg andiury .org /pdfs /GJFirstFlush.pdf 5. "Distributors of Biodegradable and Recyclable Food Service Containers ", City of Santa Monica, Environmental Programs Division, www.smepd.org/containe 6. "List of Local Food Packaging Ordinances ", 4/25/08, Californians Against Waste, www.cawrecyclables.org /issues /polystyrene ordinances list • THIS PAGE LEFT BLANK INTENTIONALLY • 1�- Chapter 7.05 DISPOSABLE FOOD CONTAINERS Page 1 of 3 Laguna Beach Municipal Code Up Previous Meat Main Collapse Search Print No Frames Title 7 HEALTH AND A$_ NIT TIO Chapter 7.05 DISPOSABLE FOOD CONTAINERS 7.05.010 Definitions. "City facilities" means any building, structure or vehicle owned, leased or operated by the city, its agents, agencies, departments and franchisees. "Customer" means any person obtaining prepared food or beverages from a restaurant or retail food vendor "Disposable food service ware" means all single -use disposable products for serving or transporting prepared food or beverages, including without limitation takeout foods and/or leftovers from partially consumed meals prepared by a restaurant or food vendor. Disposable food service ware includes containers, bowls, plates, trays, cartons, ice chests, lids, straws, forks, spoons, knives, and other items and utensils. "Food vendor" means any restaurant or retail food vendor located or operating within the city. "Nonrecyclable plastic" refers to any plastic that cannot be feasibly recycled by a municipal recycling program in the State of California, including polystyrene and expanded polystyrene. "Polystyrene foam" means and includes blown polystyrene and expanded and extruded forms (sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation), which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including without limitation fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding and extrusion -blown molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, and ice chests. "Prepared food" means food or beverages served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food vendor's premises or within the city. Prepared food may be eaten either on or near the premises, also known as "takeout food." "Recyclable food packaging" means any food packaging including glass, cans, cardboard, paper, or other items which can be recycled, salvaged, composted, processed, or marketed by means other than land filling or burning, whether as fuel or otherwise so that they can be returned to use by society. "Restaurant" means any establishment located within the city that sells prepared food for consumption on, near or off its premises by customers. Restaurants for purposes of this chapter includes itinerant restaurants, pushcarts and vehicular food vendors as those terms are defined in Chapters 7.04. "Retail food vendor" means any store, shop, sales outlet or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the city that sells prepared food. (Ord. 1480 § I, 2007). 7.05.020 Food „packaging and sales prohibitions for disposable food service ware. ... _ _ __ ......... (a) Retail food vendors are prohibited from dispensing prepared food or beverages to customers in disposable food service ware made from expanded polystyrene foam or nonrecyclable plastic. (b) Retail food vendors are prohibited from retail sales of expanded polystyrene foam or nonrecyclable plastic products used as disposable food service ware. (c) All city facilities, city- managed concessions, city- sponsored events, city- permitted events and 13 http: / /gcode.us/ codes /lagtinabeach /view.php ?topic =7- 7_05 &showAll =1 &frames =on 06/03/2008 Chapter 7.05 DISPOSABLE FOOD CONTAINERS Page 2 of 3 all franchisees, contractors and vendors doing business with the city are prohibited from using disposable food service ware made from expanded polystyrene or non - recyclable plastic within the city. (d) The prohibitions set forth in this section shall not apply to containers, plates or trays for raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. (Ord. 1480 § 1, 2007). 7.05,030 Exceptions. (a) The city manager or his/her designee may exempt a food vendor or retail food vendor from the requirements of this chapter for a one -year period, upon a showing by the applicant that the conditions of this chapter would cause undue hardship. An "undue hardship" may consist of: (1) Situations unique to the food provider where there are no reasonable alternatives to expanded polystyrene or nonrecyclable plastic food service ware and compliance with this chapter would cause a severe economic hardship to that food provider; (2) Situations where no reasonably feasible available alternative exists to a specific and necessary expanded polystyrene or nonrecyclable plastic. (b) A food provider granted an exemption must reapply 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. (c) An exemption application shall include all information necessary for the making of a decision on the application, including, not limited to documentation showing the factual support for the claimed exemption. The applicant may be required to provide additional information to permit the determination of facts regarding the exemption application. (d) An exemption application may be approved in whole or in part, with or without conditions. (e) The city manager or his /her designee may also determine to exempt from the requirements of this chapter the procurement of supplies or services in the event of a proclaimed emergency or when otherwise deemed necessary by the city manager for the immediate preservation of the public health, safety or general welfare. (Ord. 1480 § I, 2007). 7.05.040 Enforcement and notice of violations. (a) The city manager or his /her designee shall have primary responsibly for enforcement of this chapter and shall have authority to issue citations for violation of this chapter. The city manager 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, without limitation inspection of 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. (c) The city attorney may seek legal, injunctive, or any other relief to enforce this chapter and any regulation or administrative procedure authorized hereby. another. (d) The remedies and penalties provided in this chapter are cumulative and not exclusive of one (e) Administrative Remedies. N http: / /gcode.us/ codes /lagunabeach/view.php ?topic =7- 7_05 &showAll =1 &frames =on 06/03/2008 Chapter 7.05 DISPOSABLE FOOD CONTAINERS Page 3 of 3 (1) For the first violation, the city manager or his /her designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice in the form of a courtesy citation to the food provider that will specify the violations and the appropriate penalties in the event of future violation. (2) A fine not exceeding one hundred dollars for the first violation following the issuance of a warning notice. (3) A fine not exceeding two hundred dollars for the second violation following the issuance of a warning notice. (4) A fine not exceeding five hundred dollars for the third and any subsequent violation that occurs following the issuance of a warning notice. (5) Fines are cumulative and each day that a violation occurs shall constitute a separate violation. (Ord. 1480 § I, 2007). 7.05.050 Effective date. This ordinance will be effective on July I, 2008. (Ord, 1480 § 1, 2007)- http: / /gcode.us/ codes /lagunabeach /view.php? topic =7- 7_05 &showAll =1 &frames =on 06/03/2008 15 THIS PAGE LEFT BLANK INTENTIONALLY • 11pol f)Ft 1C E :. - ! IF. "IT ' __..1i P. r Approved as to Form and Legality 20H J;1'i 26 :ifi 9: 32 .� Introduced by Councilmember,QUAN AND DE LA FUENTE (USE IF APPUCABLEI O wand City Attorney's Office _..OAKLAND CITY COUNCI_L.. Ordinance No. 12747 C.M.S. AN ORDINANCE TO PROHIBIT THE USE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE AND REQUIRE THE USE OF BIODEGRADABLE OR COMPOSTABLE DISPOSABLE FOOD SERVICE WARE BY FOOD VENDORS AND CITY FACILITIES This ordinance will institute two distinct practices by all food vendors and City Facilities in Oakland. The first is that the use of polystyrene foam disposable food service ware will be prohibited. The second is that all disposable food service ware will be required to be biodegradable or compostable, as long as it is affordable. WHEREAS, the City of Oakland has a duty to protect the natural environment, the economy, and the health of its citizens; and WHEREAS, effective ways to reduce the negative environmental impacts of throw- away food service ware include reusing food service ware and using compostable and biodegradable take -out materials made from renewable resources such as paper, com starch and sugarcane; and WHEREAS, polystyrene foam is a common environmental pollutant as well as a non- biodegradable substance that is commonly used as food service ware by food vendors operating in the City of Oakland; and WHEREAS, there continues to be no meaningful recycling of polystyrene foam food service ware and biodegradable or compostable food service ware is an affordable, safe, more ecologically sound alternative; and WHEREAS, affordable biodegradable or compostable food service ware products are increasingly available for several food service applications such as cold cups, plates and hinge containers and these products are more ecolpgically sound than polystyrene foam materials and can be turned into a compost product; and . WHEREAS, the Oakland Coliseum has successfully replaced its cups with biodegradable com starch cups and has shown an overall cost savings due to organics recycling; and I-7 IA WHEREAS, over 155 businesses in Oakland engage in organics recycling and it has been demonstrated that the use of biodegradable or compostable food service ware can reduce waste disposal costs when the products are taken to composting facilities as part of an organics recycling program rather than disposed in a landfill; and WHEREAS, the natural compost product from these biodegradable or compostable materials is used as fertilizer for farms and gardens, thereby moving towards a healthier zero waste system; and WHEREAS, disposable food service ware constitutes a large portion of the litter in Oakland's estuary, streets, parks and public places and the cost of managing this litter is high and rising; and WHEREAS, polystyrene foam is notorious as a pollutant that breaks down into smaller, non - biodegradable pieces that are ingested by marine life and other wildlife thus harming or killing them; and WHEREAS, due to the physical properties of polystyrene, the EPA states "that such materials can also have serious impacts on human health, wildlife, the aquatic environment and the economy." and WHEREAS, a 1986 EPA report on solid waste named the polystyrene manufacturing process as the fifth largest creator of hazardous waste in the United States; and WHEREAS, in the product manufacturing process as well as the use and disposal of the products, the energy consumption, greenhouse gas effect, and total environmental effect, polystyrene's environmental impacts were second highest, behind aluminum, according to the California Integrated Waste Management Board; and WHEREAS, styrene, a component of polystyrene, is a known hazardous substance that medical evidence and the Food and Drug Administration suggests leaches from polystyrene containers into food and drink; and WHEREAS, styrene is a suspected carcinogen and neumtoxin which potentially threatens human health; and WHEREAS, styrene has been detected in the fat tissue of every man, woman and child tested by the EPA in a 1986 study; and WHEREAS, the general public is not typically warned of any potential hazard, particularly in the immigrant and non - English- speaking community; and WHEREAS, due to these concerns nearly 100 cities have banned polystyrene foam food service ware including several California cities, and many local businesses and several national corporations have successfully replaced polystyrene foam and other non - biodegradable food service ware with affordable, safe, biodegradable products; and WHEREAS, restricting the use of polystyrene foam food service ware products and replacing non - biodegradable food service ware with biodegradable food service ware IO 04 eDoy, Z 2l� products in Oakland will further protect the public health and safety of the residents of Oakland, the City of Oakland's natural environment, waterways and wildlife, would advance The City's goal of Developing a Sustainable City, advance the City's goal of Zero Waste by 2020 and fulfill Article 10 of the Environmental Accords, whereby Oakland partnered with other cities across the globe in signing a commitment to eliminate or restrict the use of one chemical or environmental hazard every year, ._ .RKCITSLCOIINCILOF—THE..0 T—Y- OF OROAIPI CFIAW-F - 8.07 OF THE MUMCIPAL CODE SHALL BE: Section 8.07.010 Definitions "Affordable" means purchasable by the Food Vendor for same or less purchase cost than the non - Biodegradable, non - Polystyrene Foam alternative. "ASTM Standard" means meeting the standards of the American Society for Testing and Materials (ASTM) International standards D6400 or D6868 for biodegradable and compostable plastics. "Biodegradable" means the entire product or package will completely breakdown and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal. " Compostable" means all materials in the product or package will break down into, or otherwise become part of, usable compost (e.g., soil - conditioning material, mulch) in a safe and timely manner in an appropriate composting program or facility, or in a home compost pile or device. Compostable Disposable Food Service Ware includes ASTM- Standard Bio- Plastics (plastic -like products) that are clearly labeled, preferably with a color symbol, such that any compost collector and processor can easily distinguish the ASTM Standard Compostable plastic from non -ASTM Standard Compostable plastic. "City Facilities" means any building, structure or vehicles owned or operated by the City of Oakland, its agent, agencies,. departments and franchisees. "Customer" means any person obtaining Prepared Food from a Restaurant or Retail Food Vendor. "Disposable Food Service Ware" means all containers, bowls, plates, trays, cartons, cups, lids, straws, forks, spoons, knives and other items that are designed for one -time use and on, or in, which any Restaurant or Retail Food Vendor directly places or packages Prepared Foods or which are used to consume foods. This includes, but is not limited to, service ware for Takeout Foods and/or leftovers from partially consumed meals prepared at Restaurants or Retail Food Vendors. "Food Vendor" means any Restaurant or Retail Food Vendor located or operating within the City of Oakland. Iq OAY- Jtc 2 3/� "Polystyrene Foam" means and includes blown polystyrene and expanded and extruded foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical materials 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, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene Foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. "Prepared Food" means Food or Beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the Food Vendor's premises or within the City of Oakland. For the purposes of this ordinance, Prepared Food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared Food may be eaten either on or off the premises, also known as "takeout food ". " Restauranf' means any establishment located within the City of Oakland that sells Prepared Food for consumption on, near, or off its premises by Customers. Restaurant for purposes of this Chapter includes Itinerant Restaurants, Pushcarts and Vehicular Food Vendors as those terms are defined in sections 5.49, 8.08, 8.44 of the City of Oakland Municipal Code. "Retail Food Vendor" means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a Restaurant, located within the City of Oakland that sells Prepared Food. Section 8.07.040 Prohibited Food Service Ware A. Except as provided in Section 8.07.042, Food Vendors are prohibited from providing Prepared Food to Customers in Disposable Food Service Ware that uses Polystyrene Foam. B. All City Facilities are prohibited from using Polystyrene Foam Disposable Food Service Ware and all City Departments and Agencies will not purchase or acquire Polystyrene Foam Disposable Food Service Ware for use at City Facilities. C. City franchises, contractors and vendors doing business with the City shall be prohibited from using Polystyrene Foam Disposable Food Service Ware in City facilities or on city projects within the City of Oakland. Section 8.07.041 Required Biodegradable and Compostable Disposable Food Service Ware A. All Food Vendors using any Disposable Food Service Ware will use Biodegradable or Compostable Disposable Food Service Ware unless they can show an Affordable Biodegradable or Compostable product is not available for a specific application. Food Vendors are strongly encouraged to reuse Food Service Ware in place of using Disposable Food Service Ware. In instances that Food Vendors wish to use a Biodegradable or Compostable Disposable Food Service Ware Product that is not Affordable, a Food Vendor may charge a "take out fee'to customers to cover the cost difference. a0 `IA B. All City Facilities will use Biodegradable or Compostable Disposable Food Service Ware unless they can show an Affordable Biodegradable or Compostable product is not available for a specific application. C. City franchises, contractors and vendors doing business with the City will use Biodegradable or Compostable Disposable Food Service Ware unless they can show an Affordable Biodegradable or Compostable product is not available for a specific application. Section 8.07.042 Exemptions A. Prepared Foodsprepared or packaged outside the City of Oakland are exempt from the provisions of this Chapter. Purveyors of food prepared or packaged outside the City of Oakland are encouraged to follow the provisions of this Chapter. B. Food Vendors will be exempted from the provisions of this Chapter for specific items or types of Disposable Food Service Ware if the City Administrator or his/her designee finds that a suitable Affordable Biodegradable or Compostable alternative does not exist and/or that imposing the requirements of this Chapter on that item or type of Disposable Food Service Ware would cause undue hardship. C. Polystyrene Foam coolers and ice chests that are intended for reuse are exempt from the provisions of this Chapter. D. Disposable Food Service Ware composed entirely of aluminum is exempt from the provisions of this Chapter. E. Emergency Supply and Services Procurement: In a situation deemed by the City Administrator to be an emergency for the immediate preservation of the public peace,. health or safety, City Facilities, Food Vendors, City franchises, contractors and vendors doing business with the City shall be exempt from the provisions of this Chapter. Section 8.07.043 Liability and Enforcement A. The City Administrator or his/her designee will have primary responsibility for enforcement of this Chapter. The City Administrator or his/her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this Chapter, including, but not limited to, entering the premises of any Food Vendor to verify compliance. B. Anyone violating or failing to comply with any of the requirements of this Chapter will be guilty of an infraction pursuant to Chapter 1.28 O.M.C. C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter. a1 5/c Section 8.07.044 Violations - Penalties 1. If the City Administrator or his/her designee determines that a violation of this Chapter occurred, he /she will issue a written warning notice to the Food Vendor that a violation has occurred. 2. If the Food Vendor has subsequent violations of this Chapter, the following penalties will apply a. A fine not exceeding one hundred dollars ($100.00) for the first violation after the warning notice is given. b. A fine not exceeding two hundred dollars ($200.00) for the second violation after the warning notice is given. c. A fine not exceeding five hundred dollars ($500.00) for the third and any .future violations after the warning notice is given. 3. Food Vendors may request an administrative hearing to adjudicate any penalties issued under this Chapter by filing a written request with the City Administrator, or his or her designee. The City Administrator, or his or her designee, will promulgate standards and procedures for requesting and conducting an administrative hearing under this Chapter. Any determination from the administrative hearing on penalties issued under this Chapter will be final and conclusive. Section 8.07.045 Study One year after the effective date of this Chanter, the City Administrator will conduct a study on the effectiveness of this Chapter. Section 8.07.0456 Effective Date This Chapter will become effective January 1, 2007. IN COUNCIL, OAKLAND, CALIFORNIA, 1 8006 2006 PASSED BY THE FOLLOWING VOTE: AYES - BRUNNER, KERNIGHAN, NADEL, QUAN,V""i� REID, CHANG, AND PRESIDENT DE LA FUENTE — % NOES — + Igroof--s ABSENT —- ABSTENTION — ATTEST: LATOWA SIMMONS City Clerk and Clerk dF the Council of the City of Oakland go- Olatc'�;bL. C Vk 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 flood; 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. aq 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 i °sue 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 ;o 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 X5 Jun 10 08 03:21p Laura 9497218039 p.1 „RECEIVED Fik cEN�qq,� Plilt iEC:" !, D I #f _.. To: Newport Beach City Council Date: June 10, 2008 _ From: Laura Dietz, Corona del Mar Subject: Comments from Santa Monica Experience for Review on Considering _a Styrofoam Ban in Newport Beach In June 2006, two years ago, the attached article reviewed the Styrofoam issue and provided some data: (a) at the bottom of page two it reads, "City officials note that 92% of foam pollution comes from runoff that streams into the bay through storm drains from around the county "; (b) at that time, Santa Monica City staff was directed to review the ordinance in two years to evaluate its success and its level of compliance (page 3). The latter suggests perhaps a more comprehensive approach involving multiple municipalities in the County relative to runoff. As a former member of the packaging industry (glass), I've learned it is very important to address this issue with sufficient reliable facts and data, and consider the impact on local businesses. Good intentions notwithstanding more data may be needed. Attachment Jun 10 08 03:21p Laura 9497218039 p.2 ..•�•. .. +�••....•... ••.• ....w..... __.0 v.�. vcvuau, c ♦uuua., uwusu ivayaa.0 q c uju lv a ritgv ) V1 -� ThC-1 L too k "Out news Council Bans Styrofoam, Plastic, though Impacts are Unclear By Olin Ericksen Staff Writer June 15 -- Uncertain about the impact on pollution and profits, the City Council Tuesday night banned the use of Styrofoam and non - recyclable plastic containers for businesses in Santa Monica. While not a "magic bullet," City officials hope other cities, such as Los Angeles, will follow suit and help reduce beach and ocean pollution. "If we do this tonight, I think the rest of Los Angeles will follow to the tremendous benefit of Santa Monica Bay," said Council member Kevin McKeown, who sponsored a broader motion than staff had recommended to include non - recyclable plastics along with Styrofoam. The impact of these products on the environment is unique, said Dean Kuban, the City's acting environmental program manager, and their long- term effects are dramatic. "This is one of the most prominent forms of pollution on Santa Monica beaches," Kuban said. "It persists in the environment for decades," he said, noting that it harms both the environment and animals, such as fish and birds, which swallow the non - recyclable foam. After listening to arguments by officials from food, packaging, and chemical industry groups who said more public outreach and investments in drainage and containment of the trash may have a greater impact than a product ban, the council sided with staff and environmental groups_ "We feel more (than public outreach) needs to be done," Kubani said. Heal the Bay Director Mark Gold noted that Styrofoam and non - recyclable plastic containers accounted for 37 percent of all trash the non -profit collected during nearly 250 beach clean -ups. But the ban will not come without a price_ After a similar ban was enacted in Malibu local businesses reported the switch cost them nearly $30,000. Santa Monica City officials readily admitted they had a hard time gauging the ban's impact on local merchants, Estimates based on surveys of between l 50 and 200 businesses, found that switching to more recyclable packaging products, such as paper, plastic and httP : / /www.surfsantamonca.comissm sitdffie_lookoutlnewsINews- 2006 /June - 2006/06 15... 6/10/2008 Jun 10 08 03:21p Laura 9497218039 p.3 tinfoil, would cost businesses anywhere from nothing to nearly 300 percent more each month. The merchants hardest hit by the ban would be mostly fast -food restaurants, which could pay as much as $180 more per month. Those estimates, however, are uncertain. Anecdotal evidence presented by Council member Bobby Shriver indicated that at least one local McDonald's owner suggested the fast food restaurant may have to spend as much as $8,000 a year make the switch- Because businesses and Styrofoam makers were reluctant to release financial information, Kubani said he `would not be in a position to argue with" claims that the ban could have a deeper impact. Indeed, some local business -- such as Frino Misto on Colorado Avenue, which notes that a third of its business is take -out — said the ban could impact sales because hot food may not retain heat during a customer's trip home. "If quality of product is not what they want, we are worried about sales," said Melinda Amaya, Fritto Misto's general manager. At least one eatery owner, who goes by the name Janabai, had a different take in the ban's impact on Euphoria, the restaurant she runs on Main Street Janabai has always used biodegradable products for take out, which she estimates accounts for nearly 80 percent of Euphoria's business. In fact, she believes the restaurant is more popular because it is environmentally friendly. "We've passed on the value to our consumers," she said. "From a high -dollar tourist prospective, we need to take a lead or someone else will." In a nod to local businesses, the City will provide a hardship exemption for businesses that are most heavily impacted, although there was no mention of how that would work. While the ban's economic impacts are uncertain, it is also unclear what, if any, effect it will have on pollution on Santa Monica beaches. "This will not clean up the beach," said Shriver, who argued greater regional cooperation on the issue is needed. City officials are unclear how much trash would be reduced, because much of the foam waste on Santa Monica beaches comes from Los Angeles and surrounding communities, which are not considering a ban. In fact, City officials note that 92 percent of local foam pollution comes from runoff that streams into the bay through storm drains from around the county. Or" http : / /www.surfsantamonica.comissin sitelthe lookoutlnewsINews- 2006IJune- 2006/06 15... 6/10/2008 Jun 10 08 03:22p Laura 9497218039 p.4 ---..» ••.......... • • •• + ��........ .+.....+ a..�. w....y ..wu.., ulvus!! aulrna.W ala, waa.lcna rag J V1 a Due to its uncertain impacts, the council directed staff to review the ordinance in two years to evaluate its success and level of compliance. . J LOOKOUr Copyright 1999 -2008 surfsantamonica.com_ All Rights Reserved E � http:// www .surfsantamomca.comissm—sitel the_lookoutlnewsINews- 200&June- 2006/06 15... 6/10/2008