Styrofoam Ban - Edmonds (791064)1 Draft Ordinance.pdf
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 6.90 FOOD
PACKAGING IN THE EDMONDS CITY CODE TO PROHIBIT
CERTAIN USES OF POLYSTYRENE AND NON-
RECYCLABLE MATERIALS FOR DISPOSABLE FOOD
PACKAGING AND TO REQUIRE INSTEAD THE USE OF
RECYCLABLE OR COMPOSTABLE FOOD PACKAGING;
PROVIDING FOR ENFORCEMENT; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City of Edmonds (the “City”) has a duty to protect the natural
environment, the economy and the health of its citizens; and
WHEREAS, the Washington State Legislature in RCW 70.95.010(8)(a) established waste
reduction as the first priority for the collection, handling, and management of solid waste; and
WHEREAS, in addition to waste reduction, the Washington State Legislature in RCW
70.95.010(8) also identified the following as priorities: recycling, avoiding excessive and
nonrecyclable packaging of products, education so that people are informed of the need to
reduce, source separate, and recycle solid waste, and government entities setting an example by
implementing aggressive waste reduction and recycling programs at their workplaces and by
purchasing products that are made from recycled materials and are recyclable; and
WHEREAS, the Washington State Legislature in RCW 70.95.010(4) found that it is
"necessary to change manufacturing and purchasing practices and waste generation behaviors to
reduce the amount of waste that becomes a governmental responsibility"; and
WHEREAS, the Washington State Legislature in RCW 70.95.010(6)(c) found that it is
the responsibility of city governments "to assume primary responsibility for solid waste
management and to develop and implement aggressive and effective waste reduction and source
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separation strategies"; and
WHEREAS, the Edmonds City Council has continuously identified sustainability as an
important goal for the City; and
WHEREAS, the use of polystyrene-based and non-recyclable or non-compostable food
packaging and service ware serve a limited purpose that is disproportionately detrimental to the
welfare of the environment; and
WHEREAS, although polystyrene-based and non-recyclable or non-compostable food
packaging and service ware are often used and disposed of in minutes or days, they take
thousands of years to decompose, and lead to devastating effects such as pollution and harm to
marine life, wildlife, and public health; and
WHEREAS, there is no meaningful method of recycling polystyrene-based food
packaging and service ware, however, there are alternative recyclable and compostable products
that can serve the same purpose as polystyrene-based food packaging; and
WHEREAS, polystyrene-based and non-recyclable or non-compostable food packaging
and service ware represent an unnecessary use of a nonrenewable resource, especially when
recyclable and compostable products represent a sustainable alternative; and
WHEREAS, recyclable and compostable food packaging and service ware are
considerably less damaging to the environment than polystyrene-based and non-recyclable or
non-compostable food packaging and service ware; and
WHEREAS, replacing the use of polystyrene-based and non-recyclable or non-
compostable food packaging and service ware with those that are recyclable and compostable is
recognized as a sustainable option to protect the environment and to conserve resources; and
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WHEREAS, recyclable and compostable food packaging and service ware are readily
available for use by local businesses; and
WHEREAS, the City recognizes the present economic difficulties faced by local
businesses in making a transition to recyclable or compostable food packaging and service ware,
and finds that an extended timeline for implementation of this Chapter is in the best interest of
assisting with local efforts at financial recovery; and
WHEREAS, it is the intent of the Edmonds City Council to reduce the negative impacts
noted above through the implementation of this Ordinance; and
WHEREAS, the Edmonds City Council finds that reduction in use of polystyrene-based
and non-recyclable or non-compostable food packaging and service ware is in the best interest of
public health, safety, and welfare, for the citizens of Edmonds and the environment; and
WHEREAS, the Act below is in accordance with the following goals of the Edmonds
Comprehensive Plan: Community Sustainability Element Climate Change Goal E, Community
Health Goal E, and Environmental Quality Goal A; and the Utilities Element Goal; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1.A new Chapter 6.90 entitled Food Packaging is hereby added to the
ECC to read as follows:
Chapter 6.90
6.90.010 Definitions.
6.90.020 Prohibition on use of polystyrene, nonrecyclable,
and noncompostable disposable food service
packaging and disposable food service ware.
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6.90.030Recyclable or compostable disposable food service
packaging and disposable food service ware
required.
6.90.040 Requirement to enroll in a commercial food waste
recycling service or keep containers for recyclable
or compostable food packaging on premises for
consumer use.
6.90.050Enforcement and penalties.
6.90.060 Effective dates of this chapter.
6.90.070 Severability.
6.90.080 No conflict with federal or state law.
6.90.010 Definitions.
A. “Mayor” means the Mayor of the City of Edmonds or
designee.
B. “City facility” means any building, structure, or vehicle
owned or operated by the City of Edmonds.
C. “Compostable” means made solely of organic substances
where all the materials in the product or package will break down
into, or otherwise become part of, usable compost (e.g., soil-
conditioning material, mulch) in a safe and timely manner.
D. “Disposable food service packaging” means all containers,
“clamshells,” bowls, plates, trays, cartons, cups, lids, straws,
utensils, napkins, and other items that are designed for use with
food either on or off the food service business premises, including
but not limited to packages for takeout foods and/or leftovers from
food prepared by food service businesses. The term “disposable
food service packaging” does not include items composed entirely
of aluminum or polystyrene foam coolers and ice chests that are
intended for reuse.
E. “Disposable food service ware” means nonrecyclable or
noncompostable: containers, plates, “clamshells,” trays, cups, and
utensils that are made of plastic or plastic-coated paper and other
nonrecyclable or noncompostable materials, and intended only for
limited use (including so-called “biodegradable” products where
any portion is not compostable).
F. “Food” means food or beverages, which are served,
packaged, cooked or uncooked, chopped, sliced, mixed, brewed,
frozen, squeezed, or otherwise prepared within the City of
Edmonds for any persons, such as customers or consumers.
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“Food service business” means any restaurant, retail food
G.
seller, coffee shop, grocery store, vending truck or cart, business or
institutional cafeteria, sales outlet, or other business, entity, or
person selling or providing food to a consumer, whether the food is
consumed on or off the premises, that is located or operating
within the City of Edmonds, whether on a permanent or temporary
basis. “Food service business” also includes any person who is the
owner, manager, president or director of such business.
H. “Person” means any individual, trust, firm, joint stock
company, corporation, partnership, business, or association,
including a government entity.
I. “Polystyrene” means blown polystyrene and expanded
and/or extruded foams (sometimes referred to as “Styrofoam,” a
Dow Chemical Co. trademarked form of polystyrene foam
insulation) which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of
techniques, including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injection molding, foam molding,
and extrusion-blow molding (extruded foam polystyrene).
J. “Recyclable” means made solely of materials that are
capable of being separated from a waste stream by a food service
business and made available for collection and delivery to a
processor for reuse or remanufacture into the same or other
products.
6.90.020 Prohibition on use of polystyrene, nonrecyclable,
and noncompostable disposable food service
packaging and disposable food service ware.
A. Upon the effective date for mandatory compliance with this
chapter set forth in ECC 6.90.060, food service businesses shall be
prohibited from selling or providing, in connection with food
service, polystyrene, nonrecyclable, or noncompostable food
service packaging or disposable food service ware, except as
hereinafter provided in subsections D and E of this section.
B. Upon the effective date for mandatory compliance with this
chapter set forth in ECC 6.90.060, City departments shall not
purchase, acquire, or use polystyrene, nonrecyclable, or
noncompostable disposable food service packaging or disposable
food service ware in City facilities.
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C. Upon the effective date for mandatory compliance with this
chapter set forth in ECC 6.90.060, any renter or lessee of a City-
owned facility or City-owned property shall not use polystyrene,
non-recyclable, or noncompostable disposable food service
packaging or disposable food service ware on the premises of the
rented or leased facility or property.
D. While businesses are encouraged to refrain from the sale of
polystyrene, nonrecyclable, or noncompostable disposable food
service packaging or disposable food service ware, nothing in this
chapter shall prohibit businesses or individuals from engaging in
the direct sale, purchase, or possession of such items in
prepackaged multiple quantities from a retail or wholesale
merchant.
E. Prepackaged soups and other foods that food service
businesses sell or otherwise provide to their customers in
polystyrene, nonrecyclable, or noncompostable disposable food
service packaging or disposable food service ware that have been
filled and sealed prior to receipt by the food service business shall
be exempt from the requirements of this chapter.
6.90.030 Recyclable or compostable disposable food
service packaging and disposable food service
ware required.
All food service businesses and City departments that are
prohibited under this chapter from using or providing polystyrene,
nonrecyclable or noncompostable food service packaging or
disposable food service ware shall use a recyclable or compostable
product.
6.90.040 Requirement to enroll in a commercial food
waste recycling service or keep containers for
recyclable or compostable food packaging on
premises for consumer use.
A. All food service businesses are required to utilize either a
commercial food waste recycling service for compostable products
and recyclable materials (such as the City’s solid waste
management program) or, at a minimum, to provide at least 1
container for recycling or composting on site for consumers to
dispose of food packaging that conforms to the requirements of
this chapter.
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B. All food service businesses are prohibited from emptying
or disposing of items in recycling or compost containers into trash
bins, containers, or dumpsters not intended for recycling or
compost.
C.
Existing food service businesses that do not have adequate
storage space for compliance with either indoor or outdoor
containers for recycling and/or composting may be exempt from
the requirements of subsection A of this section if so determined
by the Mayor or designee upon written request for an exemption.
The Mayor or designee, in cases where space constraints are
determined to exist, may require the evaluation of the feasibility of
shared recycling or composting containers by contiguous
businesses and/or structures.
6.90.050 Enforcement and penalties.
A. Any person who violates the provisions of this chapter shall
be cited and liable for a civil infraction; provided, however, that a
written warning shall instead be issued to any person determined to
be violating this chapter when such violation is the first instance of
noncompliance known to the Mayor or designee. If, after issuing a
written warning, the Mayor or designee becomes aware of
subsequent noncompliance, he shall apply for or impose the
sanctions described in this section.
B. Any person who receives a citation for a violation of this
chapter shall respond within 15 days from the date that notice of
the infraction is signed and served upon the violator by the City
Code Enforcement Officer. The issuance of an infraction by the
City for a violation represents a determination that an infraction
has been committed. A committed finding will be final if the
violator does not respond as stated in this subsection.
C. Any person who receives a citation for a violation of this
chapter may respond either by paying the fine amount to the City
as established by this section, or requesting a hearing with the
Edmonds Municipal Court.
D. If the infraction is found committed, either due to no
response by the person cited, or a judicial determination that a
violation has occurred by a preponderance of the evidence, then a
person shall be punished with a fine of $150.00 for a first violation,
and $300.00 for each subsequent violation committed within a
calendar year. The existence of a prior written warning by the
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Mayor or designee shall not be considered a first violation for
purposes of this section.
6.90.060Effective dates of this chapter.
A.
All provisions of this chapter, except for ECC 6.90.020
through ECC 6.90.050, shall be effective upon adoption of this
chapter.
B. The provisions of ECC 6.90.020 through ECC 6.90.050
will be effective March 1, 2011, except as hereinafter provided for
in subsections C through E of this section.
C. A food service business may request a waiver from any part
or all of the requirements in this chapter by filing a written request
with the Mayor or designee. The food service business seeking the
waiver must show that the application of this chapter would create
an undue hardship or practical difficulty based on the factors set
forth in subsection E of this section. The Mayor or designee may
waive any specific requirement of this chapter for a period of time
extending no later than March 1, 2012. The Mayor or designee’s
decision to grant or deny a waiver, in whole or in part, shall be
mailed to the applicant in writing, with a statement of the permitted
waiver length, and shall be a final nonappealable decision.
D. Prior to March 1, 2012, only the following items are
exempt from the requirements of ECC 6.90.020 through ECC
6.90.050: containers and lids specifically designed and used for hot
liquid-based food and beverages, utensils (knives, forks and
spoons), and the sale of raw meat or raw seafood in any container
by any food service business. Prior to March 1, 2012, public
educational institutions are also exempt from the requirements of
ECC 6.90.020 through ECC 6.90.050.
E. The following factors should be considered by the Mayor
or designee in granting or denying a waiver, in whole or in part,
from the requirements of this chapter, as described in subsection C
of this section: (1) the food service business seeking a waiver lacks
the financial or other means to be in compliance with this chapter
within a reasonable period of time; (2) the food service business
seeking the waiver demonstrates, through due diligence, that
particular products conforming to the requirements of this chapter
are unavailable, pose recognized safety hazards, or will result in
substantial financial harm; (3) the food service business seeking
the waiver has maintained a business in Edmonds for less than one
year. The factors listed herein are significant, but not intended to
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be the only considerations for the grant or denial of a waiver. The
Mayor or designee should make a decision concerning a request
for waiver based on the preference of assisting a food service
business to achieve compliance with this chapter while balancing
the economic vitality of the business and striving to reduce any
financially detrimental impacts on the applicant.
F. On March 1, 2012, all waivers and exemptions from the
requirements of this chapter will terminate and become invalid;
and all provisions of this chapter will be subject to implementation
and enforcement.
6.90.070 Severability.
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be invalid, or unconstitutional by
a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
chapter.
6.90.080 No conflict with federal or state law.
Nothing in this chapter shall be interpreted or applied so as to
create any requirement, power, or duty in conflict with any federal
or state law.
Section 2.This ordinance or a summary thereof consisting of the title shall be
published in the official newspaper of the City, and shall take effect and be in full force five (5)
days after publication.
APPROVED:
MAYOR GARY HAAKENSON
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
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BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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SUMMARY OF ORDINANCE NO. __________
of the City of Edmonds, Washington
On the ____ day of ___________, 2010, the City Council of the City of Edmonds,
passed Ordinance No. _____________. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 6.90 FOOD
PACKAGING IN THE EDMONDS CITY CODE TO PROHIBIT
CERTAIN USES OF POLYSTYRENE AND NON-
RECYCLABLE MATERIALS FOR DISPOSABLE FOOD
PACKAGING AND TO REQUIRE INSTEAD THE USE OF
RECYCLABLE OR COMPOSTABLE FOOD PACKAGING;
PROVIDING FOR ENFORCEMENT; AND ESTABLISHING
AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this _____ day of ________________,2010.
CITY CLERK, SANDRA S. CHASE
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