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HomeMy WebLinkAboutItem 4.9 - 2783 Disposable Food Serviceware Ordinance Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: August 20, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Ordinance Adding Chapter 5.34 to the Dublin Municipal Code to Ban Expanded Polystyrene for Use as Disposable Food Serviceware Prepared by: Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: The City Council will consider introducing an ordinance adding Chapter 5.34 to the Dublin Municipal Code to ban expanded polystyrene for use as dispo sable food serviceware in the City of Dublin. The Ordinance will also mandate that food vendors and city facility users use only readily recyclable or compostable disposable food serviceware for prepared food. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an Ordinance Adding Chapter 5.34 (Disposable Food Serviceware) to Title 5 (Public Welfare) to the Dublin Municipal Code. FINANCIAL IMPACT: If City Council decides to move forward with the citywide ban of expanded polystyrene for use as disposable food serviceware, Staff time will be required to conduct outreach and support to food vendors and city facility users 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. Enforcement on food vendors could be completed as part of the Municipal Regional Stormwater NPDES Permit business inspection program for which fee recovery is included in the Master Fee Schedule. There will be no impact to the General Fund. DESCRIPTION: Expanded polystyrene (EPS), commonly known as Styrofoam, is a thermoplastic petrochemical material utilizing the styrene monomer, marked with recycling symbol No. 6. Despite being marked with the recyclin g 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 breaks 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. Page 2 of 4 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 recognized litter source reduction as an important step towards managing litter and allows a trash load reduction credit for cities that ban EPS. On April 2, 2019, Staff gave a report to the City Council on a potential citywide ban of EPS for use as disposable food serviceware (Attachment 1). The potential citywide ban would prohibit food vendors and city facility users from providing prepared food in single-use disposable cups, plates, bowls, hinged/lidded containers, or other container, made from EPS. Food vendors and city facility users would instead be required to provide prepared food in compostable, reusable, or recyclable food serviceware. After receiving the report, City Council directed Staff to bring a proposed ordinance back to the City Council for consideration after conducting research on: 1) options for buying back existing EPS stock rather than allowing for a phase-out period; 2) alternative products to EPS that are readily compostable or recyclable; 3) options f or creating a grant program to help businesses with the transition; and 4) reach out to the Chamber of Commerce and restaurants in Dublin to notify them of the potential ban and get feedback to facilitate implementation. Potential Buy-back Opportunities Options for buying back existing EPS stock to keep it out of the environment rather than allowing for a phase-out period are limited. Staff reviewed potential recycling locations, (based on feedback from StopWaste) and discovered that the Newby Island Resource Recovery Park in Milpitas accepts clean EPS food serviceware containers at the following rates: $275/ cubic yard for quantities less than 10 cubic yards; $385/ cubic yard for quantities between 10 -20 cubic yards; and $500/ cubic yard for quantities greater than 20 cubic yards. Newby Island compresses the EPS into bricks which are sold to EPS manufacturers. Although it is possible to recycle existing EPS food serviceware stock, Staff does not recommend a buy-back program for logistical and practical reasons. Considerable space would need to be set aside to collect and store the EPS stock over the course of the buy-back period and restaurants need time to determine which readily recyclable or compostable products will replace the disposable EPS food serviceware. In addition, without conducting an analysis of the existing EPS stock on -hand at restaurants and other food vendors in Dublin, it is impossible to know how much the buy-back program would cost the City. If the existing EPS stock were do nated to homeless shelters, the product may end up in the environment once used. For these reasons, Staff does not recommend an EPS buy-back program. Alternative EPS Products Staff worked with the City’s franchised waste hauler, Amador Valley Industries (AVI), to determine which products are readily compostable or recyclable. AVI contacted the composting facility that manages the compostable waste from Dublin and the feedback Page 3 of 4 received is that only fiber products are compostable; rigid compostable plastic food serviceware and fiber food serviceware that is lined with plastic does not decompose in the industrial composting facility under the normal operating time frames of three - to six- months. Also, these products mimic recyclable plastics at the material s recovery facility and contaminate the plastics recycling process. Therefore, based on processes currently available, only products primarily made from natural fibers are readily compostable. Examples of such products include paper, cardboard, wood, bam boo, sugarcane, or wheat stalks. Products that are currently readily recyclable include polyethylene terephthalate (PETE) plastic products (plastic products labeled #1) and aluminum foil and aluminum pans. A vendor list for recyclable and compostable food serviceware is provided in Attachment 2. Potential Grant Program To facilitate the transition from EPS to readily compostable or recyclable food serviceware, the City could offer mini-grants to food vendors to offset the increased cost of purchasing the food serviceware. Staff recommends that if City Council desires to have a mini-grant program that it be administered on a first come, first served basis until funds are exhausted. The mini-grant program could be funded with Measure D funds. Measure D is a voter approved initiative that established the Alameda County Source Reduction and Recycling Board. The funds are generated by tipping fees at the Altamont Landfill and disbursed to cities in Alameda County based on population. Funds can be used to enhance or advance waste prevention/reduction, reuse, recycling and composting. If a mini-grant program were offered, Staff recommends a total of $10,000 be allocated to the program for distribution to food vendors. Outreach to Food Vendors Subsequent to the report given to City Council on April 2, 2019, a letter was sent to all restaurants in Dublin (Attachment 3) notifying owners/operators of the proposed ban. The Public Works Department received one call in response to the letter. The one food vendor that contacted City Staff did not support the ban. This food vendor was not one of the four food vendors surveyed in 2016 that opposed the ban. Outreach to the Chamber of Commerce Staff also reached out to the Chamber of Commerce about the ban. The main concern expressed by the Chamber is that food vendors have enough time to make the transition to EPS alternative products. The Chamber indicated that restaurants generally have approximately 30 to 90 days of stock on -hand and that it takes time for food vendors to determine which packaging will work for their food products. The Chamber referred Staff to a disposable food serviceware distributor that has many food vendor accounts in Alameda County for a recommendation on an appropriate phase out time period. The food serviceware distributor believes that six months is a reasonable phase-out time period. A six months phase -out is the time period that municipalities have generally used when adopting EPS bans. Conclusion Alternative food serviceware has become more affordable and a wider variety of EPS alternatives are available due to the existing EPS bans in place in Alameda County and throughout California. Implementing the disposable food serviceware ordinance would Page 4 of 4 provide effective litter source reduction and Dublin would receive an additional 3% trash load reduction credit under the Municipal Regional Stormwater NPDES Permit. Adopting an EPS ban and Disposable Food Serviceware Ordinance (Attachment 4) would be a significant step in waste reduction in Dublin and would further Dublin’s environmental policies and goals. Implementation and Grace Period The proposed ordinance, if approved by City Council, would go into effect 30 days after ordinance adoption. Food vendors and city facility users would have six months (180 days) form ordinance adoption to comply with the ordinance. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: Food vendors in Dublin have been notified that the disposable food serviceware Ordinance is on the City Council agenda. If City Council decides to add a new chapter to the municipal code to ban EPS, Staff will provide at least three notifications to food vendors and known city facility users regarding the EPS ban. Noticing would occur at the ordinance effective date, within three-months of the effective date, and prior to initiation of the enforcement period. Staff will also work with AVI and the Chamber of Commerce to distribute outreach information. ATTACHMENTS: 1. April 2, 2019 Staff Report on Potential Citywide Ban of Expanded Polystyrene 2. List of Readily Compostable or Recyclable Food Serviceware Vendors 3. Letter to Restaurants 4. Ordinance Adding Chapter 5.34 (Disposable Food Serviceware) to the Dublin Municipal Code 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 breaks 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 single-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 bottlesisdiscontinuedatCitysponsoredactivities. 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 stewardshipandsustainability. As such, the City of Dublin is environmentally conscious and strives to reduce its carbon footprint and greenhouse gas emissions. Eliminatingwasteandreductionofnon -biodegradable waste, such as plastic beverage bottles and Styrofoam in landfills, is a good policy. This ban is a step towards achieving theCity's goal to reduce greenhouse gas emissions within the City. Paae 2 of 2 Vendors of Readily Compostable or Recyclable Food Serviceware and BagsCompostable = Wood (W), Molded Fiber (F), and Paper (P)Recyclable = Aluminum (A) and Recyclable Plastic (RP)References to any commercial business, organization, or product does not constitute endorsement.Vendor Phone WebsiteBoxesBowlsCold cups & lidsCutleryHinged & lidded containersHot cups & lidsPaper BagsPlatesStrawsTrays and Cup Holders1 Alliance(312) 666- 6424www.allpfs.comP F, RP P, RPRP A, F, P P, RP P F, P,RPRP P, RP2 American Paper and Plastic Inc *(626) 444-0000www.appinc.comP P, RP CP, RP P, RP P P, RP RP3 Anchor Packaging(314) 822-7800www.reusecontainers.comRP RP4 Arrow Tableware(650) 871-8226www.arrowtableware.comFFFFF5 Bio Smart *(888) 310-2008www.biosmartpackaging.comP F, P F P F F6 Biodegradable Foodservice*(541) 593-2191www.bdfs.netFFPF7 Biodegradable Storewww.biodegradablestore.comF F P, RP F8 Birchware(888) 246-6089www.birchware.comW9 BiRite *(800) 227-5373www.birite.comP F P, RP F, P10Bridge-Gate Alliance(925) 417-0638www.bridge-gate.comFF FF11Cash and Carry *www.smartfoodservice.comF, P P, RP RP F P, RP F, P RP F12Cogent Solutions & Supplies*(800) 237-3103www.cogentsupplies.comF F, RPF P F, P F13Costco(800) 774-2678www.costco.comF, P P,RPRP P, RP P RP14EcNow Tech *(541) 223-3369www.ecnowtech.comF, P F, RP P F15Eco-Gecko Products(510) 220-5393www.eco-gecko.comFW F16Eco Greenwares(510) 656-9440www.ecogreenwares.comFFPFF17Ecoware Inc.(604) 880-1148www.ecowareproducts.comW18Excellent Packaging and Supply *(800) 317-2737www.excellentpackaging.comP F W F F, P F P F19Genpak *(518) 798-9511www.genpak.comFF F F20Green Is Green, Inc.(415) 215-8553www.greenisgreeninc.comFFFFF*Note that these vendors may carry non-compliant products in addition to those listed in the table. Vendor Phone WebsiteBoxesBowlsCold cups & lidsCutleryHinged & lidded containersHot cups & lidsPaper & compostable plastic BagsPlatesStrawsTrays and Cup Holders21Green Paper Products(216) 990-5464www.greenpaperproducts.comF, P F P, RP F F22Green Wave(714) 634-8822www.greenwave.us.comFFF23Greeno Products(800) 313-6568www.greenoproducts.comP F P, RP F24InstaWares(800) 892-3692www.instawares.comP P P, RP RP RP P P P RP P, RP, A25Lets Go Green *(678) 344-6834www.letsgogreen.bizF, P W F P, RP P F F26Litin Eco(612) 607-5700www.litineco.comFFFF27Majestic Sales *(877) 377-9023www.majesticsales.netF, RP P, RP F, P F, P RP28Maple Trade Corporation(415) 822-3888www.mapletradecorp.comRP RP RP P29Oliver(800) 253-3893www.oliverquality.comF30P & R Paper Supply(909) 794-1237www.prpaper.comP F, P,RPP RP F, RP P P F, P,RPRP A31Pactiv *(888) 828-2850www.pactiv.comRP RP RP P F A, F, P, RP32Prime Link Solutions(650) 375-1398www.primelinksolution.comF F, P F F33Rainbow Grocery(415) 863-0620www.rainbowgrocery.orgP34Red Pod, Inc *(650) 396-7550www.earthtoearthpack.comP, RP35Restaurant Depot *(714) 666-8211www.restaurantdepot.comP P P RP P, F P, RP P P F36RestockIt(800) 680-0859www.restockit.comP P P, RP RP P P P, RP37Sabert(800) 722-3781www.sabert.comRP RP RP RP, F38Smart and Final(800) 894-0511www.smartandfinal.comPRP P39Stalkmarket(503) 295-4977www.stalkmarketproducts.comFPFP40Sysco Food Services *(510) 226-3000www.syscosf.comP F, P,RPP,RPRP P, RP P, RP P F, P,RPRP, P F, P, RP41The Webstaurant Storewww.webstaurantstore.comP P, RP P A, F, RP42US Foodservice(877) 583-9659www.usfoodservice.comF, P,RPP RP F, P, RP P P F, P,RPRP F, P43Vegware(860) 779-7970www.vegware.usPF F P P F44VerTerra Ltd.(718) 383-3333www.verterra.comFFF45WorldCentric Store(650) 283-3797www.worldcentric.orgF F F F, P F*Note that these vendors may carry non-compliant products in addition to those listed in the table.   April [date], 2019    Restaurant  Address  Dublin, CA 94568      REGARDING: Potential Expanded Polystyrene Ban    Dear Restaurant Owner/Manager:    I am writing to inform you that at its April 2, 2019 meeting, City Council heard  a  report  on  a  potential  ban  of  expanded  polystyrene  (EPS)  for  use  as  disposable food serviceware.  A summary of the report findings includes the  following:     EPS is problematic for creeks and wildlife as it is light‐weight and  breaks down readily, causing it to easily enter the environment.    EPS is not easily or economically recyclable.   There are EPS alternatives available.   Many restaurant proprietors in Dublin have made the switch to EPS  alternatives.   An EPS ban would support several of the City of Dublin’s  environmental mandates and goals.    Dublin is one of only two cities in Alameda County that currently do  not have an EPS ban.     After receiving the report, City Council expressed interest in an EPS ban and  tasked Staff to notify the business community about the potential ban.  The  City Council recognizes that the ban will have an impact on the restaurants  that use EPS and asked Staff to facilitate the transition away from EPS to the  extent possible.      At  City  Council  direction,  staff  is  researching  alternative  approaches  to  implementing a potential ban.  When the research effort is complete, Staff  will  bring  a  follow‐up  report  to  City  Council  for  consideration.  Staff  anticipates the follow‐up report will be provided in Summer 2019.  In the  meantime, a video of the April 2, 2019 City Council meeting may be viewed  on‐line  at http://dublin.ca.gov/1604/Meetings‐Agendas‐Minutes‐ Video‐on‐Demand.  If you have any questions or concerns, you may  contact me at Shannan.young@dublin.ca.gov or 925‐833‐6630.    Cordially,          Shannan Young  Environmental Coordinator  Public Works Department  Dublin Disposable Food Serviceware 1 ORDINANCE NO. __ - 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** ADDING CHAPTER 5.34 (DISPOSABLE FOOD SERVICEWARE) TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE WHEREAS, the City of Dublin has a duty to protect the natural environment and the health of its citizens; and WHEREAS, expanded polystyrene litters city storm drains, streets, creeks, parks and other public places; and WHEREAS, expanded polystyrene in the environment may become part of the food chain, resulting in negative impacts to wildlife; and WHEREAS, banning expanded polystyrene disposable food serviceware in the City of Dublin will help address pollution by requiring the use of compostable or recyclable alternatives while helping educate business owners and citizens about the positive impact their packaging choices can make; and WHEREAS, there is no currently economically feasible means of recycling expanded polystyrene disposable food serviceware in the City of Dublin ; and WHEREAS, due to these concerns, a number of California cities have banned expanded polystyrene disposable food serviceware, and many local businesses and several national corporations have successfully replaced expanded polystyrene food serviceware; and WHEREAS, the City’s goal is to replace expanded polystyrene disposable food serviceware with alternative products that are compostable and recyclable. Dublin Disposable Food Serviceware 2 NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 5.34 of the Dublin Municipal Code is hereby added to read as follows: Chapter 5.34 DISPOSABLE FOOD SERVICEWARE 5.34.010. Purpose A. The purpose of this Chapter shall be to reduce garbage in landfills and assist the City with meeting its recycling goals and Municipal Regional Stormwater NPDES Permit requirements. B. The requirements of this Chapter do not replace or supplant the requirements of California or Federal law. 5.34.020. Definitions In addition to the general definitions applicable to this Code, whenever used in this Chapter, the following terms shall have the meanings set forth below: A. “City facility users” means all persons, societies, associations or organizations or special events promoters that require a permit to use a city facility as defined in Chapter 5.100, Parks and Recreation Areas and Facilities; or that require a special events permit for events which require city services, involve city-owned property such as streets and plazas, closure of public right-of-way or impair emergency vehicle access, and parades, as defined in Chapter 5.12, Parades and Events, and including permits to reserve or rent a city facility, including concession contracts with the city and city-managed concessions, city- sponsored events, and food services provided at city expense. These city facility Dublin Disposable Food Serviceware 3 permits also include but are not limited to picnic area reservations, park use application permits, field reservations, rental facilities, historic buildings and senior center rentals, and permits for gatherings and meetings in all parks and recreation areas which include group picnics and organized gatherings, educational, entertainment or recreation for 25 or more persons. B. “Compostable” means that all materials in the product or package will biodegrade or otherwise become part of usable compost (e.g., soil conditioning material, mulch) in an appropriate composting program or facility. These products are made primarily from natural fibers such as paper, cardboard, wood, bamboo, sugarcane, or wheat stalks. These products may have very thin (de minimis) polyethylene or polylactic acid coatings only, and uncoated products are preferred. Rigid compostable plastic products are not compliant. C. “Disposable food serviceware” means single-use disposable products used by food vendors or city facility users for serving or transporting prepared and ready- to-consume food or beverages. This includes, but is not limited to, plates, cups, bowls, trays and hinged or lidded containers. This definition does not include single-use disposable straws, utensils, or cup lids. D. “Expanded polystyrene” means a thermoplastic petrochemical material utilizing the styrene monomer, marked with recycling symbol No. 6, p rocessed 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), sometimes referred to as Styrofoam™, a Dow Chemical Company trademarked form of polystyrene foam insulation. In food service, expanded polystyrene is generally used to make cups, bowls, plates, trays, and clamshell containers. E. “Food vendor” means any establishment which provides prepared food or beverages for public consumption within the City of Dublin, including, but not Dublin Disposable Food Serviceware 4 limited to, any store, supermarket, delicatessen, restaurant, retail food vendor, sales outlet, shop, cafeteria (including schools and corporate centers), catering truck or vehicle, sidewalk or other outdoor vendor, or caterer. F. “Prepared food” means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique by a food vendor or city facility user. “Prepared food” does not include uncooked meat, fish, poultry, or eggs unless provided for consumption without further food preparation. G. “Recyclable” means any material included as part of the commercial recycling program including, but not limited to, paper, glass, metal, cardboard, and plastic. H. “Commercial recycling program” means the city of Dublin’s adopted commercial recycling program. 5.34.030. Use of Expanded Polystyrene Food Serviceware Prohibited. A. A food vendor that offers prepared food shall utilize only disposable food serviceware that is either recyclable or compostable. The use of disposable food serviceware manufactured with expanded polystyrene is prohibited, unless otherwise specified in this chapter. B. All City facility users are prohibited from using disposable food service wares made from expanded polystyrene. All city facility users shall use a suitable recyclable or compostable product for disposable food serviceware. Dublin Disposable Food Serviceware 5 5.34.040. Exemptions The Public Works Director, or his or her designee, shall have the responsibility to grant waivers or exemptions from the requirements of this chapter. A. Application for Exemption. If a food vendor or city facility user can demonstrate undue hardship resulting from compliance with the provisions of this chapter, or that a container required by the food vendor or city facility user is only available in expanded polystyrene, then the food vendor or city facility user may apply, in writing, for a one-year exemption from compliance. The Public Works Director or his/her designee will review the application for exemption and may meet with the applicant to discuss possible ways of meeting the requirements of this chapter. If the Public Works Director or his/her designee determines that compliance with the provisions of this chapter would cause the food vendor or City facility user to experience undue hardship, or that a non-expanded polystyrene version of a necessary conta iner is not available, then the Public Works Director or his/her designee shall grant the food vendor or city facility user a one-year exemption. At the end of the one-year exemption, the food vendor or city facility user will be required to comply with this chapter or submit another exemption application to be reviewed by the Public Works Director or his/her designee. B. Prepackaged Foods. Prepared food prepackaged outside the limits of the city of Dublin (i.e., commercially packaged foods) are exempt from the provisions of this chapter. This exemption does not apply to food vendors as defined in this chapter, including caterers which provide prepared food for public consumption within the city of Dublin. Purveyors of food prepared or packaged outside the City are encouraged to follow the provisions of this Chapter. C. Emergency Supplies or Services Procurement. Food vendors, city facility users, city franchises, and contractors doing business with the City shall be exempt from the provisions of this chapter in a situation deemed by the City Council or City Manager, Dublin Disposable Food Serviceware 6 or his or her designee, to be an emergency for the immediate preservation of the public health, safety, or welfare. 5.34.050. Enforcement and Penalties A. Enforcement. Public Works Director or his/her agent has primary responsibility for the enforcement of this Chapter. The Public Works Director or his/her agent 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, investigating violations, issuing fines, and entering the premises of any food vendor during business hours. Other City staff may assist with this enforcement responsibility by entering the premises of a food vendor as part of their regular inspection functions and reporting any alleged violations. B. Written Warning. If a food vendor or city facility user is found to be in violation of this chapter, the Public Works Director or his/her designee shall issue a written warning to the food vendor. C. Penalties for Violation. Any food vendor or city facility user that violates or fails to comply with any of the requirements of this chapter after written notice has been issued for a previous violation shall be guilty of an infraction punishable as specified in section 1.04.030 of this Code. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Dublin Disposable Food Serviceware 7 Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. However, until March 1, 2020, the City will not enforce section 5.34.030(A) prohibiting food vendors from using disposable food service wares made from expanded polystyrene. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be published or posted as required in Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 3rd day of September 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 3331282.3