Ordinance 4013ORDINANCE NO. 4013
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, PROHIBITING FOR EIGHTEEN
MONTHS THE INSTALLATION OF STYRENE-
BUTADIENE RUBBER (ALSO KNOWN AS SBR OR
"CRUMB RUBBER") ON PUBLICLY -OWNED
ATHLETIC FIELDS WITHIN THE CITY OF
EDMONDS; AND DIRECTING THAT ADDITIONAL
ANALYSIS BE CONDUCTED ON THE POSSIBLE
NEGATIVE IMPACTS FROM SUCH INSTALLATIONS
OF SBR UPON HUMAN HEALTH AND THE
ENVIRONMENT.
WHEREAS, the precautionary principle is a doctrine stating that when there are
threats of serious or irreversible damage to the environment, a lack of full scientific
certainty is not a reason for postponing measures to prevent any potential damage; and
WHEREAS, the precautionary principle can be applied with equal force to threats
of serious damage to human health; and
WHEREAS, the Edmonds City Council supports the values embodied in the
precautionary principle; and
WHEREAS, concerns have been raised about possible environmental and human
health effects of SBR athletic fields; and
WHEREAS, a recent study conducted at Yale University found that the rubber
used in synthetic turf and rubber mulch contained 96 chemicals; and
WHEREAS, there were no toxicity assessments for a little under half of those
chemicals and, of those with toxicity assessments, 20 percent were probable carcinogens;
and
WHEREAS, the Edmonds City Council would like to know whether these
chemicals may have synergistic effects and are present in levels that may pose a health
risk; and
WHEREAS, the Washington State Department of Health is working with the
University of Washington's School of Public Health to review information provided by
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soccer coach Amy Griffin and verify that information against the Washington State
Cancer Registry in hopes of determining whether there is an increased rate of selected
cancers among soccer players, especially goalies compared to what it would expect based
on Washington state rates; and
WHEREAS, the U.S. Consumer Product Safety Commission (CPSC) is working
closely with its federal and state partners toward ending the uncertainty
surrounding crumb rubber; and
WHEREAS, the U.S. Environmental Protection Agency has posted on its website
a question and answer regarding crumb rubber that reads as follows:
Q: What advice does EPA have for communities who are concerned
about tire crumb?
A: EPA recognizes that communities are anxious about tire crumb used
in recreational areas. As questions have arose, federal, state, and local government
agencies have responded by conducting studies and so far the results have not
shown exposures of concern. But new data and analysis are needed about
children's health risks from exposures and as the use and variety of tire crumb in
turf fields has changed. A plan to identify and address these gaps in research is
underway. Communities could also consider contacting their local health officials
with questions.
While future studies are being conducted, communities that need to make
decisions to repair and/or replace their tire crumb playing fields, can consider
alternate materials that are available; and
WHEREAS, California's Office of Environmental Health Hazard Assessment is
planning to conduct a comprehensive evaluation of crumb rubber; and
WHEREAS, the Edmonds City Council is hopeful that, in the near future, this
evaluation and other studies will be conducted into human exposure and the impact on
human health from crumb rubber; and
and
WHEREAS, City staff should monitor the status of these crumb rubber studies;
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WHEREAS, during this period of uncertainty, the Edmonds City Council is
mindful that alternatives to SBR playfields exist that do not present as many health
concerns as SBR;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Definitions.
The following definitions shall apply to Section 2 of this ordinance:
A. SBR. "SBR" is an athletic field material consisting of recycled tires
consisting of styrene-butadiene rubber. It is commonly known as "crumb rubber." It is
used as an infill material and/or as a base layer under the infill.
B. Publicly -owned athletic fields. A "publicly -owned athletic field" is an
athletic field owned by a city, county, school district, port district, hospital district, other
special purpose district or government entity.
Section 2. SBR Prohibition.
For as long as this ordinance remains in effect, it shall be unlawful to:
A. Install SBR on publicly -owned athletic fields already existing within the
City of Edmonds if those fields have not already been converted to an
SBR composition;
B. Install SBR on new public -owned athletic fields within the City of
Edmonds;
C. Install SBR on existing publicly -owned SBR athletic fields within the City
of Edmonds as part of a substantial renovation of such existing SBR
fields, PROVIDED THAT, for maintenance purposes, infill top dressing
of existing SBR fields shall be allowed as needed to keep an appropriate
amount of the fiber exposed and to maintain proper infill depth.
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Section 3. Additional Analysis. To determine whether the duration of the
above prohibition should be extended, the city council directs that the following
additional analysis occur during 2016:
A. Monitor the status of ongoing and new research into the health effects of
SBR;
B. Engage an independent consultant with appropriate expertise to review the
research that has been completed;
C. Provide a report to the city council sometime in 2016 that will allow for
the risks associated with crumb rubber to be reassessed based on the latest
authoritative information.
D. Conduct a public hearing in June of 2017 to determine whether this
ordinance should be extended.
Section 4. Sunset. Unless the effective duration of this ordinance is extended
by a subsequently adopted ordinance, the provisions of this ordinance shall be null, void,
and of no force and effect on or after July 11, 2017.
Section 5. Severability. If any section, subsection, clause, sentence, or phrase of
this ordinance should be held invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This ordinance is subject to referendum and shall take
effect thirty (30) days after final passage of this ordinance.
ATTEST/AUTHENTICATED:
r S Q_: �-X - 7 �
CI LERK, ASSEY
APPROVED AS TO FORM:
2
OVED:
MAYOR DAVE EARLING
OFFICE OF THE CITY ATTORNEY:
BY
JE F TARADAY
FILED WITH THE CITY CLERK: December 4, 2015
PASSED BY THE CITY COUNCIL: December 8, 2015
PUBLISHED: December 13, 2015
EFFECTIVE DATE: January 12, 2016
ORDINANCE NO. 4013
SUMMARY OF ORDINANCE NO. _4013
of the City of Edmonds, Washington
On the 8th day of December, 2015, the City Council of the City of Edmonds, passed
Ordinance No. 4013. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, PROHIBITING FOR EIGHTEEN
MONTHS THE INSTALLATION OF STYRENE-
BUTADIENE RUBBER (ALSO KNOWN AS SBR OR
"CRUMB RUBBER") ON PUBLICLY -OWNED
ATHLETIC FIELDS WITHIN THE CITY OF
EDMONDS; AND DIRECTING THAT ADDITIONAL
ANALYSIS BE CONDUCTED ON THE POSSIBLE
NEGATIVE IMPACTS FROM SUCH INSTALLATIONS
OF SBR UPON HUMAN HEALTH AND THE
ENVIRONMENT.
The full text of this Ordinance will be mailed upon request.
DATED this 9th day of December, 2015.
CITY CLERK, SCOTT
C
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Kathleen Landis being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH673320 ORD. 4013, 4014
as it was published in the regular and entire
issue of said paper and not as a supplement
form thereof for a period of 1 issue(s), such
publication commencing on 12/13/2015 and
ending on 12/13/2015 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for such publication is
$46.44.
Subscribed and sworn before me on this
day of
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
DEC 16 2015
�;_. CITY CLERK.
AUBREY KNAPP
Notary Public
State of Washington
My Commission Expires
July 30, 2018
$1"hAARYOFORDINANGES
al the City of Edmonds, Wa—M�Ion
On the 81h day al Daeomheh 2015, the City i ouncli of the Clty a1
Edmonds pssaed In8 Ipllnwing Ordtnanpas. Summarles of the
content a) said ordinances conslsflng of titles are provided ab
follows
ORD CF_ ffl&j 7Y3
AN pRDIidANC�F �f>iE L[OF I;DMONDS,
TYi HE INSTALLATION PROHIBITING EIGHTEEN NSTTALLLAON OSTYRENE•BUTA IENE RUBBER
MUALSO KNOWN AS SBR OR 'CRUMB RUBBER' 4N
BLICLY-DWNED ATHLETIC FIELDS WITHIN THE C ITY
OF E13MONDS: AND DIRECTING THAT ADDITIONAL
ANALYSIS BE CONDUCTED ON THE POSSIBLE
NEGATIVE IMPACTS FROM SUCH INSTALLATIONS OF
SSR UPON HUMAN HEALTH AND THE ENVIRONMENT
d
AN ORDINANC TH COM OF EDMONDS,
WASHINGTON. ADOPTING THE BUDGET FOR FISCAL
YEAR COMMENCING JANUARY 1, 2016; ADOPTING
AMENDMENTS TO THE CAPITAL FACILITIES PLAN
ELEMENT OF THE COMPREHENSIVE PLAN; AND FIXING
ATIME WHEN THE SAME SHALL BECOME EFFECTIVE
The full textof these Ordinances will he mailed upon request.
DATED this 9th day at Oeoamber, 2015.
CITY CLERK, SCOTT PASSEY
Published: December 13, 2015. EOH67332 I-