HomeMy WebLinkAbout4.2 - 2795 Disposable Food Serviceware Ordinance
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STAFF REPORT
CITY COUNCIL
DATE: September 3, 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 hold a second reading of an ordinance and consider adopting
Chapter 5.34 to the Dublin Municipal Code to ban expanded polysty rene for use as
disposable 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 second reading and adopt an Ordinance Adding Chapter 5.34 (Disposable
Food Serviceware) to Title 5 (Public Welfare) to the Dublin Municipal Code.
FINANCIAL IMPACT:
Upon adoption, 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:
On August 20, 2019, the City Council waived the reading and introduced an Ordinance
to add Chapter 5.34 (Disposable Food Serviceware) to Title 5 (Public Welfare) to the
Dublin Municipal Code (Attachment 1). The August 20, 2019 Staff Report is attached
as reference (Attachment 2).
Page 2 of 2
The Ordinance is now ready for adoption. If approved, the Ordinance would go into
effect 30 days after tonight's adoption. Food vendors and city facility users would have
six months (180 days) from adoption to comply with the ordinance.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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. Ordinance Adding Chapter 5.34 (Disposable Food Serviceware) to the Dublin
Municipal Code
2. August 20, 2019 Disposable Food Serviceware Staff Report with Attachments
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.
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.
Dublin Disposable Food Serviceware 2
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
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 p roducts 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, 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), 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.
Dublin Disposable Food Serviceware 3
E. “Food vendor” means any establishment which provides prepared food or
beverages for public consumption within the City of Dublin, including, but not
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.
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 container 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
Dublin Disposable Food Serviceware 4
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,
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.
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
Dublin Disposable Food Serviceware 5
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
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 disposable 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 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.
Page 1 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 for 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: $2751 cubic yard for quantities
less than 10 cubic yards; $3851 cubic yard for quantities between 10-20 cubic yards;
and $5001 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 donated 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 2 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 materials 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, bamboo,
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 ❑ 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 3 of 4
provide effective litter source reduction and
load reduction credit under the Munich
Adopting an EPS ban and Disposable Fc
would be a significant step in waste reds
environmental policies and goals.
Dublin would receive an additional 3% trash
al Regional Stormwater NPDES Permit.
od Serviceware Ordinance (Attachment 4)
ction in Dublin and would further Dublin's
lmplemenfafion and Grace Perron
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:
NIA
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
hris..Fpss, City Manager 871212019
Page 4 of 4
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 park 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
an 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 1 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 2 of 3
2016 Restaurant Site Visits
Use EPS
146
37%
Do not use EPS
178
63%
2016 Expanded Polystyrene Use Short Survey Results
Use EPS & support ban
14
141.6%
Use EPS & do not support ban
4
116.6%
❑o not use EPS & support ban
10
141.6%
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:
NIA.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution 142-1 0
kris Foss, City Manager 312512o1
Page 3 of 3
RESOLUTION NO. 142 - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ❑UBLIN
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: Counciimembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti
NOES: Councilmember Hart
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
City Clerk
Reso No. 142-10, Adopted 9-21-10, Item 8.2 Page 2 of 2
EXHIBIT A
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 y 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 j 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
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.
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April 2019
■
[date],
D U BL l N
Restaurant
C A L I F 0 R N I A
Address
THE NEW
AMERICAN
Dublin, CA 94568
BACKYARD
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
City Council 925.833.6650 that use EPS and asked Staff to facilitate the transition away from EPS to the
City Manager extent possible.
925.833.6650
Community Development At City Council direction, staff is researching alternative approaches to
975333.6610 implementing a potential ban. When the research effort is complete, Staff
Economic Development will bring a follow-up report to City Council for consideration. Staff
925.833.6650 anticipates the follow-up report will be provided in Summer 2019. In the
Finance IT meantime, a video of the April 2, 2019 City Council meeting may be viewed
925.833.6640
Fire Prevention on-line at http://dublin.ca.gov/16O4/Meetings-Agendas-Minutes-
925.833.6606 Video -on -Demand. If you have any questions or concerns, you may
Human Resources contact me at Shannan.young@dublin.ca.gov or 925-833-6630.
925.833.6605
Parks & Community Services
925.8316645 Cordially,
Police
925.833.6670
Public Works
925.833.6630
Shannan Young
100 Civic Plaza Environmental Coordinator
Dublin, CA 94568
P 925.833.6650 Public Works Department
F 925.833.6651
www.dublin.ca.gov
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 1
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 2
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, 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), sometimes referred to as
5tyrofoamT"", 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
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 5erviceware 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 4
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 ❑ne-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 ❑r City facility user to experience undue
hardship, or that a non -expanded polystyrene version of a necessary container 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 ❑ublin. Purveyors of food prepared or packaged outside the City are encouraged
to follow the provisions of this Chapter.
C. Emergency Supplies ❑r 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
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 6
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
Dublin Disposable Food Serviceware 7