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Home My WebLink About8.3 - 2530 Report on Potential Citywide Ban of Expande Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Potential Citywide Ban of Expanded Polystyrene for Use as Disposable Food Serviceware Prepared by: Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: At the February 19, 2019 meeting, the City Council requested that Staff provide a report regarding a potential citywide ban of expanded polystyrene for use as disposable food serviceware. STAFF RECOMMENDATION: Receive the report, discuss and provide further direction. FINANCIAL IMPACT: If City Council decides to move forward with a citywide ban of expanded polystyrene for use as disposable food serviceware, Staff time will be required to conduct outreach and support to food vendors during the initial implementation phase of the ban. The current budget would support these efforts. Subsequently, minimal additional Staff time will be required to enforce the ban. The enforcement efforts could be completed as part of the Municipal Regional NPDES Stormwater Permit business inspection program for which fee recovery is included in the Master Fee Schedule. DESCRIPTION: In response to direction from City Council at the February 19, 2019 meeting, this report on a potential citywide ban of Expanded Polystyrene (EPS) for use as disposable food serviceware has been prepared. If an EPS ban were approved, food vendors would be prohibited from providing prepared food in single-use disposable cups, plates, bowls, hinged/lidded containers, or other container, made from EPS. Food vendors would instead be required to provide prepared food in compostable, reusable, or recyclable food serviceware. EPS, commonly known as Styrofoam, is a thermoplastic petrochemical material utilizing the styrene monomer, marked with recycling symbol No. 6. Despite being marked with Page 2 of 3 the recycling symbol, there is no easy or economical way to recycle EPS and it is a durable material that does not degrade in the environment. It b reaks easily into tiny pieces, making it difficult to clean up. Wildlife commonly mistakes the fragments of EPS for food and eats it, causing sickness or death. The tiny pieces are windblown into storm drains and local creeks where they are difficult to manage. Litter in our local creeks is a significant environmental issue. In 2009, the San Francisco Bay Regional Water Quality Control Board (Water Board) required all cities and agencies under the Municipal Regional Stormwater NPDES Permit (MRP), including the City of Dublin, to develop litter reduction plans and take actions to reduce litter from the storm drainage conveyance. The Water Board recognizes litter source reduction as an important step towards managing litter and allows a trash load reduction credit for cities that ban EPS. On September 21, 2010, the City Council approved Resolution 142 -10, establishing a policy that bans the City’s purchase of plastic bottles and Styrofoam products at City sponsored activities. The City Council acknowledged in its Resolution that at the time, polystyrene was the most abundant type of non-cigarette litter and banning use of polystyrene at City-sponsored events would help the City achieve its goal to divert 75% of waste from landfill. Banning EPS for use as disposable food serviceware would also continue to support current Climate Action Plan (CAP) and waste reduction goals. CAP Measure A.3.2, Citywide Diversion Goal of 75%, and CAP Measure A.3.4, Commercial Recycling Program, remain relevant and are supported by the services offered by Dublin’s franchised waste hauler, Amador Valley Industries (AVI). In addition to supporting these goals, Dublin receives a 1% trash load reduction credit towards meeting the MRP mandate to reduce trash loads in creeks by 80% by July 1, 2019 through the adoption and implementation of Resolution 142-10. Cities in Alameda County began banning EPS as early as 1990 (Berkeley) and many more communities initiated bans in the 2000s. According to Californians Against Waste, 120 California cities and counties have now adopted EPS bans, including all cities in Alameda County except Dublin and Newark. In Alameda County, enforcement is done on a complaint basis and/or through regular stormwater business inspections that are completed as part of requirements under the MRP. When initially implementing a ban, communities generally give a grace period so that restaurants can use existing stock. Additionally, hardship exemptions are included in such bans. Outreach is provided to businesses to help with the transition. In 2016, as part of the outreach effort conducted prior to the adoption of the Alameda County Waste Management Authority’s Expanded Reusable Bag Ordinance, Dublin restaurants were visited and surveyed to determine use of sing le-use plastic bags. During the site visits, restaurants were also asked about EPS use. As seen in the table below, there were approximately 120 restaurants in operation in Dublin in 2016, 46 of which used EPS. The remaining restaurants had either never used EPS or had already made the switch to non-EPS products. Staff also requested that restaurant proprietors complete a short survey during the visit. Twenty-four restaurant proprietors participated in the survey. Of those participating, 14 were using EPS products; all but four of the proprietors who completed the survey supported an EPS ban. Page 3 of 3 2016 Restaurant Site Visits Use EPS 46 37% Do not use EPS 78 63% 2016 Expanded Polystyrene Use Short Survey Results Use EPS & support ban 10 41.6% Use EPS & do not support ban 4 16.6% Do not use EPS & support ban 10 41.6% Alternative food serviceware has become more affordable as more cities have adopted EPS bans. The variety of options for alternative food serviceware has also increased, allowing for easier implementation by restaurants and other food vendors. Food vendors may either provide reusable, compostable, or recyclable food serviceware which can be disposed of at a lower rate than trash through AVI. Implementing an EPS ban would provide effective litter source reduction and Dublin would receive an additional 3% trash load reduction credit under the MRP. The 3% trash load reduction credit means Dublin would have to install fewer full-trash capture devices in the storm drain system to meet MRP trash load reduction mandates, saving capital costs and long-term maintenance expenditures. STRATEGIC PLAN INITIATIVE: N/A. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution 142-10 RESOLUTION NO. 142 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** ESTABLISHING A POLICY THAT BANS THE CITY'S PURCHASE AND USE OF SINGLE - USE PLASTIC BOTTLES AND STYROFOAM PRODUCTS AT CITY SPONSORED ACTIVITIES WHEREAS, City of Dublin is a regional leader in promoting environmentally sensitive public policy; and WHEREAS, the bottled water industry has experienced significant growth in recent years; and WHEREAS, the manufacturing of plastic beverage bottles requires a substantial amount or resources which result in greenhouse gas (GHG) emissions; and WHEREAS, polystyrene (Styrofoam) is the most abundant type of non -cigarette litter; and WHEREAS, in 2006, the State of California enacted Assembly Bill (AB) 32, the Global Warming Solutions Act of 2006, which requires California to reduce GHG statewide emissions to 1990 levels by 2020; and WHEREAS, reducing and eliminating waste, such as plastic beverage bottles and Styrofoam, that pollute our landfills is a good policy and helps the City reach its goals of achieving 75% diversion and reducing GHG emissions within the City; and WHEREAS, the City of Dublin wishes to set a positive example for the community on environmental matters; and WHEREAS, the Policy sets forth guiding principles for the development and implementation of the City of Dublin's single -use plastic beverage bottle and Styrofoam product ban at City sponsored activities to accomplish the following: 1. Ban the City's purchase and use of single -use plastic beverage bottles at City sponsored activities (City events, City meetings or purchased with City funds for Staff use). 2. Eliminate the purchase and use of Styrofoam products by the City for City functions and activities. Styrofoam cups previously used at water coolers and for hot beverages shall be replaced with plastic and paper cups. 3. Conduct outreach and provide means of educating all City Staff to create awareness about the single -use plastic beverage bottle and Styrofoam product ban and alternatives. 4. Reduce the adverse environmental impacts associated with plastic beverage bottles and Styrofoam. 5. Promote composting of cups at City sponsored activities. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby adopt the policy attached hereto as Exhibit A entitled "Single -use Plastic Beverage Bottle and Styrofoam Product Ban Policy." PASSED, APPROVED AND ADOPTED this 21 st day of September, 2010, by the following vote: AYES: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti NOES: Councilmember Hart ABSENT: None ABSTAIN: None /111\1/ I�J, j .41 __ Mayor ATTES City Clerk Reso No. 142-10, Adopted 9-21-10, Item 8.2 Page 2 of 2 EXHIBIT A �qq Single -use Plastic Beverage Bottle and Styrofoam Product Ban Policy Purpose This policy sets forth the guiding principles for the development and implementation of the City of Dublin's Single -use Plastic Beverage Bottle and Styrofoam Product Ban at City sponsored activities. Goals The goals of the Single -use Plastic Beverage Bottle and Styrofoam Product ban are to: 1) Eliminate the purchase and use of single -use plastic beverage bottles by the City at City sponsored activities (City events, City meetings or purchased with City funds for Staff use). 2) Eliminate the use of Styrofoam products at City offices. Styrofoam cups previously used at water coolers and for hot beverages shall be replaced with plastic or paper cups. 3) Conduct outreach and provide means of educating all City Staff to create awareness about the single -use plastic beverage bottle and Styrofoam product ban and alternatives. 4) Reduce the adverse environmental impacts associated with plastic beverage bottles and Styrofoam. 5) Promote composting of cups at City sponsored activities. Definitions 1) Single -use plastic beverage bottles — single -use beverage containers, which includes water, sports drink, juice and soda. 2) Styrofoam products — products such as cups or food ware containers made from polystyrene, which is a non -biodegradable substance. 3) City activities — events sponsored and/or hosted by the City of Dublin, including St. Patrick's Day festival, Day on the Glen, National Night Out, seasonal functions as well as business meetings and normal every day activities. 4) Vendor — a person or business that sells goods or services. Page 1 of 2 t EXHIBIT A Policy The purchase and use of City supplied individual single -use plastic beverage bottles is discontinued at City sponsored activities. In addition, City Staff will no longer purchase Styrofoam products for use at City facilities. This policy does not apply to any vendors at City sponsored activities. Policy Benefits As stated in the City of Dublin's vision, the City supports environmental stewardship and sustainability. As such, the City of Dublin is environmentally conscious and strives to reduce its carbon footprint and greenhouse gas emissions. Eliminating waste and reduction of non -biodegradable waste, such as plastic beverage bottles and Styrofoam in landfills, is a good policy. This ban is a step towards achieving the City's goal to reduce greenhouse gas emissions within the City. Paae 2 of 2