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HomeMy WebLinkAboutItem 7.1 Pharmaceutical Collect Prog~~ ~ ~r ~~ , ~- ~ -~ 1 ~~ ~~ CITY CLERK File # 0~~ D^-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 17, 2009 SUBJECT: Update on Pharmaceutical Collection Program with the Dublin San Ramon Services District (DSRSD) Report Prepared by: John Bakker, City Attorney and Jennifer Faught, Associate Attorney ATTACHMENTS: 1. September 16, 2008 Staff Report RECOMMF~NDATION: That the City Council receive Staff Presentation FINANCIAL STATEME None. DESCRIPTION: In 2008, the City of Dublin was approached by representatives of the Dublin San Ramon Services District ("DSRSD") to discuss a joint City/DSRSD program to help eliminate pharmaceuticals from our water supply. Pharmaceuticals flushed down toilets are believed to have impacts on the water quality and wildlife, may upset wastewater treatment systems and could impact the ability to deliver high quality recycled water. At the September 16, 2008 meeting, the City Council gave Staff direction to move forward on the development of a permanent collection program (Attachment 1). The goals of any such program would be to help stop the contamination of the environment caused by medicines flushed down the drain, and to help Dublin residents find a safe and convenient location to dispose of excess medicines. DSRSD proposed a joint program, and the City Attorney's office undertook a legal review of the program and relevant regulations. The program, as proposed, would involve DSRSD purchasing and installing a permanent, secure drop-box in the lobby of Dublin Police Services at the Dublin Civic Center. Both prescribed and over-the-counter drugs would be accepted, and would be simply dropped into the box anonymously and with no record of the type or quantity of drugs dropped. (Illegal drugs would not be accepted.) The police would then seal and store the boxes of drugs until a waste hauling company, contracted by and paid by DSRSD, came to pick them up and transport them to be incinerated. The Police Services lobby was proposed as the location for the drop-box because, under the federal Controlled Substances Act ("CSA"), law enforcement officials are exempt from the registration that is otherwise required when handling and disposing of controlled substances. (21 CFR 1301.24.) Controlled ------------------------------------------------------------------------------------------------------------- COPY TO: Page 1 of 2 ITEM NO. G:\Chris~Pharmaceutical Take Back Program 2008~Pharmaceutical Drop Off Update March 17 2009 FinaLDOC substances are drugs that have been determined to be addictive and that have a potential for misuse. These drugs are classified into Schedules I through V, and include drugs such as Oxycontin, Codeine, Valium, and Darvocet. Even though law enforcement officials do not have to register under the CSA to dispose of controlled substances, the CSA requires law enforcement to log and track all controlled substances that they receive, and obtain permission from the Drug Enforcement Administration ("DEA") to dispose of the drugs. (21 CFR 1307.21.) These requirements mean in part that they must record the name and quantity of each controlled substance to be disposed of, how the person disposing of the drug obtained the substance, and the name, address, and registration number of the person who possessed the controlled substances prior to the person disposing of the drug, if known. All controlled substances must be recorded and tracked up to the point of destruction to prevent "diversion" of the drugs onto the street. A program that collects controlled substances anonymously would probably technically violate the CSA. This type of violation could result in a civil penalty of up to $10,000. (21 U.S.C. 842(c).) Staff is continuing to work with DSRSD to try to resolve the concerns regarding the CSA. Staff understands that DSRSD has also continued to look for other potential partners in the area for this program but as of yet has not been successful. As states and local governments understand the environmental impacts of flushing drugs down the drain and begin to look for better ways to dispose of drugs, jurisdictions across the country appear to have come up against the same federal restrictions. Encouragingly, the DEA also recognizes that the CSA presents a real complication in most drug take-back programs, and as of January Z1, 2009 is seeking comments on possible additional rulemaking to address "Disposal of Controlled Substances by Persons Not Registered With the Drug Enforcement Administration." The current deadline for submitting comments is March 23, 2009, although this deadline may be extended. There are no draft rules upon which to comment yet; this is just advanced notice of proposed rulemaking. The rulemaking appears to be aimed in large part at creating an avenue for law enforcement officials to collect and dispose of controlled substances via programs such as the one proposed by DSRSD (and in fact currently being used in places such as San Mateo County). Meanwhile, based on Staff's research and conversations with other local governments and DEA representatives, it appears that the DEA is not eager to enforce these technical violations of the CSA, and rather is working on a solution that would allow them to legitimize these programs. Staff recently spoke with a DEA program analyst about the rulemaking, who encouraged the City to both provide comments during the comment period, and to write to the City's Congressional representatives so that the CSA could be changed in ways that DEA rules may not be able to address. Staff will keep the City Council updated on any future law changes that may allow the City to work collaboratively with DSRSD on the implementation of the Pharmaceutical Collection. RECOMMENDATION: Staff recommends that the City Council receive Staff presentation. Page 2 of 2 UrvU~~~ CITY CLERK C~ ~1~ File # D~00-DD ~ / ~~ ~,' ~~r1 t r~~.n~11~' AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 16, 2008 SUBJECT: City Participation in Dublin San Ramon Services District (DSRSD) Drug Collection Event Report Prepared by: Christopher L. Foss, Economic Development Director ATTACHMENTS: 1. September 2, 2008 Letter from Bert Michalczyk, General Manager of the Dublin San Ramon Services District (DSRSD)` RECOMMENDATION: 1) Receive StaffPresentation; and 2) Provide Staff with direction regazding the participation in the DSRSD Drug Collection event on October 10, 2008. FINANCIAL STATEMENT: None. DESCRIPTION: The City of Dublin received a letter dated September 2, 2008 from Bert Michalczyk, General Manager of the Dublin San Ramon Services District regazding a program to eliminate pharmaceuticals from our water supply (see Attachment 1}. According to DSRSD,. unwanted or expired medicines are being disposed of daily down the toilet, which studies have shown can pass through wastewater treatment facilities into creeks, rivers, bays and oceans. Recent studies found that pharmaceutical compounds were found in 80% of the waterways tested, and recent news stories have brought the issue of trace pharmaceuticals in drinking water into the. public eye. In an effort to educate the community that disposing of leftover medication down the toilet is no longer acceptable, DSRSD is joining with other public agencies in conducting aweek-long education campaign, The campaign, "No Drugs Down the Drain," will be held from October 4 -October 11, 2008 and will provide information on alternative disposal options. DSRSD has also scheduled a Drug Collection Event for Friday, October 10, 2008 at the DSRSD offices (7051 Dublin Boulevard). In order to collect any controlled medications (narcotics, vicodin, codeine, etc.), a Police Officer must be present to collect the drugs, and DSRSD is requesting that the City make an officer available to assist during the event. City Staff has met with DSRSD officials on this request and Dublin Police Services staff can be made available to assist with the event, if so directed. COPY TO: ~--Eery, 7 . I ~ _17 _ ~, Page 1 of 2 G:\Chris\DSRSDWgenda Statement October 2008 DSRSD Event.dce ~TT~C+~+~~i~ 1 Y RECOMMENDATION: Staffrecommends that the City Council provide Staffwith direction regarding the participation in the DSRSD Drug Collection event on October 10, 2008. -, , ., _. DUBLIN SAN RAMON SERVICES DISTRIC~r September 2, 2008 Joni Pattillo City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Ms. Pattillo: 7051 Dublin Boulevazd Dublin, California 94568 Phone: 925 828 0515 FAX: 925 829 1180 www.dsrsd.com CI1Y OF D BUN SEP - 4 2008 CAl(MANAGEA'S OFFICE I would like to thank you and Mayor Lockhart for meeting with DSRSD staff to discuss a joint City/District program designed to eliminate pharmaceuticals from our water. Everyday in California, unwanted or expired medicine is disposed of down the toilet. While this was once a recommended practice to protect children and pets from accidental poisonings, studies show that pharmaceuticals can pass through wastewater treatment facilities into creeks, rivers, bays and oceans. In 2002, the U.S. Geological Survey reported that there were pharmaceutical compounds in 80% of waterways tested. Because many of these compounds are designed to be effective in small doses, there is concern that they may have impacts on water quality and wildlife. There is also concern that pharmaceuticals may cause upsets of biological wastewater treatment systems and failures of whole effluent toxicity tests, impact the beneficial reuse of biosolids, and jeopardize Publicly Owned Treatment Works' ability to provide high quality recycled water. Recent Associated Press articles have also brought the issue of trace pharmaceuticals in drinking water into the public eye, dramatically increasing regulators' interest in taking steps to reduce pharmaceuticals in the environment. A coalition of local, regional, state and federal. agencies plans to conduct a one-week California-wide educational campaign, October 4-11, 2008, to educate the public that disposing of leftover medication down the toilet is no longer acceptable. The campaign, "No Drugs Down the Drain!" will provide the public with information on alternative disposal options throughout the state.. Friday, October 10th DSRSD will collect drugs at our District Office and I would like to request that the City of Dublin provide Dublin San Ramon Services District is a Public Entity ,:- r _. Joni Pattillo, City Manager September 2, 2008 Page 2 a Police Officer during this event as the District needs the City of Dublin police to "collect" the drugs because controlled medicines (narcotics, vicodin, codeine, etc.) must be collected by a law enforcement officer. It is also our hope that the City and the District can create a permanent drug collection program that can also be used in the cities of Pleasanton and San Ramon. Thank you for helping us to protect our water environment and to remove unused and/or expired pharmaceuticals from customers' homes, thereby reducing the chances of poisoning children. As always, it's a pleasure working with the City of Dublin. Sincerely, /,a~~v `r BERT MICHALCZYK General Manager