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Home My WebLink About5.1 Universal Waste Letter C~1"Y CLERK File # D~[]][QJ,[5J[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE February 19,2008 SUBJECT Letter from ASSocIatIon of Bay Area Governments Regardmg Universal Waste Report Prepared by Roger Bradley AdminIstratlve Analyst ATTACHMENTS 1) 2) ResolutIOn Letter of Correspondence from ABAG Dated December 14, 2007 RECOMMENDA nON ~AdoPt the ResolutIOn FINANCIAL STATEMENT None DESCRIPTION On December 18,2007, the CIty receIved correspondence from the AssocIatIOn of Bay Area Governments (ABAG) (Attachment 2), regardmg the mcreased costs that local junSdlctIOns are facmg m managmg the dIsposal Items defined under CalIfornia law as "universal waste" (U- Waste) SpecIfically, on February 8, 2006 a new law took effect makmg It Illegal to dispose of U- Waste at any of the State's landfills U-Waste mcludes household battenes fluorescent bulbs 01 tubes, thermostats, other Items that contam mercury, as well as electronic deVices mcludmg VCRs, microwaves, cellular phones, cordless phones, pnnters and radIOS ABAG, m cOnjunctIOn WIth the CalIfornIa Integrated Waste Management Board and CalIfornia Product StewardshIp Council, IS requestmg that the CIty jom a "cradle-to-cradle" producer responsIbIlIty campaign, where product manufactures take financIal responsIbIlIty for dIsposal As producers generate consumer products contammg hazardous matenals, the collectIOn burden falls on local governments to prOVide legal collectIOn methods For example, If reSIdents deSire curbSIde collectIOn of U- Waste, m the same manner as traditIOnal recyclables collectIOn, CitIes, countIes, and their reSidents would be forced to take on a Significant financIal burden Unfortunately, deCISIOns regardmg the ImplementatIOn of statewIde disposal bans are often made WIth lIttle regard for the costs to local governments In addItIOn, deCISIOns regardmg the deSIgn of these products are often made With lIttle regard for waste preventIOn, recyclmg, and, agam, the costs to local governments Staff recognizes there are SIgnificant environmental and human health Impacts assOCIated With household products that contam tOXIC matenals, mcludmg mercury, lead cadmIUm and other tOXIC chcmlcals that, when dIspo~ed of Improperly can contammate water supplIes WhIle the goals of a U- Waste ban are not ------------------------------------------------------------------------------------------------------------- COPY TO Page] of2 lITEM NO ~/ \ C- F \Councll\Agenda ~tatements\2007 2008\as U waste doe and/or user of such waste Thus, Staff IS recommendmg that CouncIl support the concept of "Extended Producer ResponsIblhty" (EPR) EPR IS an envIroIlffiental pohcy approach In which producers assume responsIbl hty - financIal and/or physIcal - for the management of post-consumer products, so that those who produce and use products bear the costs ofrecycImg and proper dIsposal When brand owners are responsIble for ensunng theIr products are re-used or recycled responsIbly, and when health and environmental costs are mcluded In the product pnce, there IS a strong market mcentIve to deSign and purchase goods that are more durable, eaSIer to recycle, and less tOXIC CouncIl support of this resolutIOn WIll not directly Impact the manufacturers or producers of these products However, the resolutIOn of support clearly sends a Signal that the City of Dublm cannot afford to finance the dIsposal of these waste streams, and seeks an understandmg from producers that they bear some responSibIlIty for the products they produce RECOMMENDATION Adopt the resolutIon Page 2 of2 I~ RESOLUTION NO - 2008 A RESOLUTION OF THE CITY COUNCIL OF THlE CITY OF DUBLIN ********* EXTENDED PRODUCER RESPONSIBILITY SUPPORT WHEREAS, on February 8, 2006, CahfornIa's Universal Waste Rule (CCR, TItle 22, DIvISIOn 4 5, Chapter 23) became effectlve, and WHEREAS, the Universal Waste Rule bans landfill dIsposal of universal waste that IS deemed hazardous, such as household battenes, fluorescent bulbs or tubes, thermostats, and other Items that contam mercury, as well as electronic deVIces, mcludmg VIdeo cassette recorders, mIcrowave ovens, cellular phones, cordless phones, pnnters, and radIOS, and WHEREAS, universal waste management costs are currently funded by the resIdentlal rate payers of the CIty of Dub 1m and costs are expected to mcrease m the short-term unless polIcy changes are made, and WHEREAS, It IS antlcIpated that the hst of universal waste determmed to be hazardous and therefore banned from landfills Will contmue to grow WIth the burden to manage these universal wastes falhng on the ratepayers of local jUnSdIctlons, and WHEREAS, the AssocIatIOn of Bay Area Governments, the CalIfornIa Integrated Waste Management Board, and the CalIfornIa Product StewardshIp CounCIl are spearheadmg a campaign to Increase awareness about the escalatmg costs of universal waste dIsposal to local governments, and WHEREAS, the CIty of DublIn supports statewIde efforts to hold producers accountable for universal waste management costs, and WHEREAS, there are SIgnIficant envuonmental and human health Impacts assocIated With Improper management of universal waste, and WHEREAS, smce local government ratepayers, rather than product manufacturers, currently bear the costs to properly manage universal waste, local governments are m effect SUbsIdIzmg the productlon of universal waste, and WHEREAS, extended producer responsIbIlIty (EPR) IS a pohcy approach m whIch producers assume responsIbIhty for management of waste products, and WHEREAS, when producers are responsIble for ensunng theIr products are recycled responsIbly, and when health and envIronmental costs are mcluded m the product pnce, there IS a strong Incentlve to deSIgn and purchase goods that are more durable, eaSIer to recycle, and less tOXIC, and WHEREAS, It IS timely to develop and support EPR legIslatIOn to address product stewardshIp for haLardous products currently banned from landfill dIsposal and those whIch WIll be added to the lIst of banned Items m the future, and ~#- 5 I .:21 10, ~ ~ Attachm~nt 1 0 ~~, WHEREAS, the CalIfornIa Integrated Waste Management Board IS currently consldenng sponsonng EPR legislatIOn NOW, THEREFORE BE IT RESOLVED that the CIty CouncIl of the CIty of Dub 1m hereby urges ItS legIslatIve representatIves to support extended producer responsIbIlIty legIslatIon that shIfts unIVersal waste management costs from local government to the producer of the product, whIch wIll gIVe producers an mcentIve to redeSIgn products to make them less tOXIC and eaSIer to recycle, and lBlE IT FURTHER RESOLVED that the CIty CounCIl of the CIty of Dublm hereby authonzes the Mayor to send a letter to the League of CalIforma CItIes, the CalIfornIa State ASSOCIatIOn of CountIes, and the CalIfornIa Integrated Waste Management Board to urge support for extended producer responsIbIlIty legIslatIon PASSED, APPROVED AND ADOPTED thIS 19th day of February, 2008 AYES NOES ABSENT ABSTAIN Mayor ATTEST CIty Clerk / -51C o ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San FrancISCo Bay Area December 14, 2007 RE~E\VE.D GtTV OF DUE-UN It( 1 p, lonl ABAG QfrJ MJ.\NAut.ti b ohr\'{"b RIchard C Ambrose City Manager County of Alameda CIVIC Center 100 CIVIC Plaza Dubhn CA 94568-0233 Re Extended Producer ResponsIbIlity - A New Approach for Managmg Waste Electrorncs, Battenes, Fluorescent LIghts and Other ToxIc or Hazardous Products Dear City Manager, Ambrose We are wntmg to bnng to your attentIOn the mcredsmg costs local JunsdIctlOns are now shouldenng for the disposal of tOXIC and hdzardous products and to suggec;;t actions that vour JunsdIctlOn can take to relIeve the pressure on tdJ\. pdyers to support these costs Smce 2006, when the' Umversdl Waste' ban went mto effect certam electroniCs fluorescent lamps, and battenes may no longer be sent to local landfills Many counties around the state have documented huge mcreases m the costs of legally dlsposmg of these matenals MUnlcIpalItles are concerned about waste pharmaceuticals entenng the solid waste stream Publicly owned water treatment works are sImilarly concerned WIth the water quality ImplIcatIOns of pharmaceutIcals entenng treatment plants 1 he attached fact sheet was prepared by the CalIfornia Product StewardshIp CouncIl (CPSC), an organizatIOn whose members mclude 24 cltles, countles and other government aSSOCiatIOns (such as Bay Area Clean Water AgenCIes and the RegIOnal CouncIl of Rural Counties), and countmg CPSC s goal IS to make local governments aware of the staggenng scale of the post-consumer product dIsposal challenge There IS a new approach that IS rapidly gammg momentum In CahfornIa thanks to the CalIfornia Integrated Waste Management Board, the CPSC and others Termed Extended Producer ResponslbIhty or EPR, It IS a fundamental paradIgm shift that If Implemented Will move responSibilIty for reusmg, recyclIng or dlsposmg of post-consumer products away from general taxpayers and back to manufacturers The CalIfornia Integrated Waste Management Board (CIWMB) recently adopted StrategIc DIrectlve 5, whIch states that 11 IS d core value of the CIWMB that producers assume the responSI bIlny for the safe stewardship of theu matenals In ordeI to promote Mailing Address I ocallon POBox 2050 Oakland California 94604 2050 Joseph P dart MetroCenter 101 [Ightn Street (510) 404 7900 I ax b 10) 464 7985 Oakland California 94007 4/56 IJ1foGabag ca 00\ & A 11"11" 1Q\ C!HI M IE 1Nl1f" 2 q*,b envIronmental sustamabIlIty Under tills dlrectlve, the CIWMB will I) UtllIze eXIstmg Board authonty to foster "cradle-to-cradle" producer responsIbIlIty 2) Seek statutory authonty to foster "cradle-to-cradle" producer responsIbIlIty 3) Analyze the feasibIlIty of vanous approaches to mcreasmg producer responsibIlIty, mcludmg dunng the product desIgn and packagmg phases, and make recommendatIOns to the CIWMB Board by December 2007 and annually thereafter, 4) BuIld capacIty and knowledge m CIWMB on Extended Producer ResponsIbIhty Issues and solutIOns and 5) Develop and mamtam relatIOnshIps wIth stakeholders that result m producer-financed and producer-managed systems for product dIscards Thanks to the CalIfornIa Integrated Waste Management Board s actIons, the advocacy of the CalIfornia Product StewardshIp CouncIl and other organizatIOns, and leadership from key legislators we can look forward to Extended Producer ResponsIblhty legIslation m the next year What Cdn your cIty/town/county do? Here are two key actIOns we encourage Bay Area jUnSdIctlons to take Adopt Extended Producer RespomlbIlltv resolution!> and polICies Many cItIes wlthm the Bay Area have already adopted such polICies For e},.amples see http //wwv.' caproductstewardshlP om/local/epr resolutIOns htm Support ExtendLd Producer Responslblhty legislatIOn LegIslators are expected to mtroduce Extended Producer ResponsIbilIty bills m 2008 We encourage vou to follow and support EPR legIslatIOn FOI you convemence, we WIll post mformatlOn and Imks on the Hazardous Waste CommIttee webslte at http //www abag ca gov/hazwaste/le!:!.lslatlOntofollow html For more mformatlOn on Extended Producer Responslblhty or other hazardous waste concerns, please contact the Hazardous Waste Management FacIlIty AllocatIon CommIttee staff Cell Scandone ceIls(cV,abag ca gov 510-464-7961 or JennIfer Krebs 1 krebs@waterboards ca gov 510-622-2315 Or VISIt the COlllffilttee web::'Ite at hap //V-l'v,lW abag Cd gov/haLwaste/ Smcerelv, JI#~r?<~ VIce Mayor DaVId Cortese CIty of San lose President AssocIatIOn of Bay Area Governments SupervIsor Mark Luce Napa Count) Chair Hazardous Waste Management FaCIlIty AllocatIOn COlllffilttee Attachment 2 ~~~ 1i'!l'il~ 4lUJll'ilfi~~li'$(QIn W(QI$~~~ ~fi$~@$(QIn ~(QIll'il & CSOmJ@]mJCSO@]O ~[fO~O~ {]@[f ~@]OO~@[fmJO@]5)~ [b@CS@]O @@~@[fmJOViJ@mJlli) In February 2006 a statewide ban went Into effect In California that makes It Illegal for households and small businesses to put certain hazardous products In the trash The products banned from the trash - called Universal Waste or U-waste - Include batteries fluorescent lights and many electronic products Local governments were charged with enforCing the ban and were expected to proVide collection services illJITUo~@IJ~@]D ~@]~~@ ~1?@@IruJ~~~ @]IJ@ 'IT @~o~ Most consumer electronics pose a threat to public health and the environment because they contain lead, cadmium and a host of other tOXIC heavy metals Fluorescent lamps and thermostats contain mercury a potent neurotoxin Even household alkaline batteries which contain corrosive chemicals are hazardous when millions accumulate and leak In landfills [}={]@~ ~ruJ~illJ illJCl~@]~~@ O~ OITU ~@]DoG@1?ITUO@]~ A 2001 study commissioned by the California Integrated Waste Management Board calculated that almost 600 million small batteries and more than 17 million fluorescent lamps would be sold - and a Similar number thrown out - In California In 2006 More than a quarter million tons of hazardous electronics not covered by 8B20 are discarded every year U-Waste Type Projected 2006 Sales Fluorescent Lamps 17 444 444 lamps Batteries 593864 218 battenes Thermostats 365 282 thermostats SOURCE CIWMB 2002 IlolI~el1old Un/vel WlI Wa~te GeneratlOll III Cab(OI n/a Hazardous ElectroDlcs ID CalIforma Not Covered by SB-20 Computer related ElectronIcs ( key boards laTJtops mice disk drzves prznters) 119 91 7 tons Other small consumer electronIcs (portable non computer related electronzcs PDAs cell 93 273 tons phones camcorders dlf!ltal cameras etc) Brown Goods (larf!er non portable electrolllcs microwaves stereos VCRs D VDs etc) 41 394 tons Total Non-SB20 ElectroDlcs 254,584 tons Source CIWMB 2004 ')wlej1,/(le>> mIL ( haraLfu C!{)t/on ')tudv www caproductstewardshlp org ~~ 6 u[fu@ ~@~~ ~@ [L@(S@]D @@~@[fmJlITfi)@mJ~ D~ ~~@]@@@[fDmJ@ o San LUIS Obispo County calculated that the current annual budget of $300 000 for collecting household hazardous products would have to Increase to $4 million to collect and manage the Items now subject to the disposal ban o The City of San FrancIsco anticipates that ItS additional costs to enforce the U-waste ban will exceed $5 million per year o The 2001 CIWMB study calculated that 32 junsdlctlons participating In the survey would need to spend an additional $41 million to manage just three U-waste product categones (fluorescent lamps battenes and thermostats) Extended to the entire state, the cost to manage these three product categones would be $72 million o The survey did not Include the largest category - electromcs not covered by S820 - and a range of other products for which programs are currently Inadequate or lacking The cost of managing all banned U-waste In California could be far greater than $72 million [L@(S@]D @@~@[fmJlITfi)@mJ~~ [Q)@ ~@~ ~@]~@ ~[ffi@ ~@~@(1O[f(S@~ @[f ~@][Q)@](sD~~ ~@ ~~~@(s~D~@D~ ~@]mJ@]@@ U@~D(s l1JJc:I~@]~~@ (9)[f@@](1O(S~~ Nor should they Local governments have no control over product design or over what products are sold In the state that Will become waste Managing tOXIC products at end of life IS a subSidy to product manufacturers that enables the continued production of tOXIC products designed for the dump Callforma Product Stewardship Council POBox 216381 Sacramento CA 95821 916-485-7753 www caproductstewardshlp org