Ordinance 4097and
ORDINANCE NO.4097
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING THE PROHIBITION OF THE
INSTALLATION OF STYRENE-BUTADIENE RUBBER (ALSO
KNOWN AS SBR OR "CRUMB RUBBER") ON PUBLICLY -
OWNED ATHLETIC FIELDS WITHIN THE CITY OF
EDMONDS UNTIL AUGUST 15, 2018
WHEREAS, the city council adopted Ordinance 4013 on December 8, 2015; and
WHEREAS, Ordinance 4013 prohibited certain installations of SBR until July 11, 2017;
WHEREAS, the city council adopted Ordinance 4065.1 on April 11, 2017, which extended
the sunset date of the prohibitions set forth in Ordinance 4013 until February 28, 2018; and
WHEREAS, the Edmonds City Council intended for additional analysis to be done during
the prohibition period to determine whether the duration of the prohibition should be extended;
and
WHEREAS, on February 12, 2016, the U.S. Environmental Protection Agency (EPA), the
Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry
(ATSDR), and the Consumer Product Safety Commission (CPSC) launched a multi -
agency Federal Research Action Plan on Recycled Tire Crumb Used on Playing Fields and
Playgrounds to study key environmental and human health questions; and
WHEREAS, on December 30, 2016, these agencies released a status report describing the
progress of the research to date. The status report includes the final peer -reviewed Literature
Review/Gaps Analysis report and describes the progress to date on other research activities that
are part of the effort including:
• Characterization of the chemicals found in tire crumb.
• Characterization of the exposure scenarios for those who use turf fields containing tire
crumb.
9 Study to better understand how children use playgrounds containing tire crumb.
• Outreach to key stakeholders; and
WHEREAS, the status report does not include research findings. For the characterization
of the chemicals research, tire crumb material has been collected from tire recycling plants and
synthetic turf fields around the U.S. Tire crumb samples have been gathered from nine tire crumb
recycling plants, 19 fields located on US Army installations and 21 community fields including
both indoor and outdoor fields. Analysis of the tire crumb samples collected from fields and
recycling facilities, and the exposure characterization component of the study will continue in
2017. Parts of the exposure study may be conducted during the hotter months of 2017. The CPSC
playground study also will continue in 2017; and
WHEREAS, this federal research effort won't provide all the answers about whether
synthetic turf fields are safe, it represents the first time that such a large study is being conducted
across the U.S. The study will provide a better understanding of potential exposures that athletes
and others may experience and will help answer some of the key questions that have been raised.
Depending upon the findings, available resources and other considerations, additional research
beyond the first year may be conducted; and
WHEREAS, the EPA has provided a question and answer sheet regarding tire crumb which
is attached hereto as Attachment A; and
WHEREAS, on August 2, 2017, the Office of Management and Budget (OMB) approved
the Information Collection Request for the continuation of the exposure characterization part of
the study; and
WHEREAS, with the OMB approval, the EPA and CDC/ATSDR team were able to
complete the field work associated with the exposure characterization in the Fall of 2017; and
WHEREAS, prior to the August 2017 OMB approval, the exposure characterization
portion of the study as outlined in the Federal Research Action Plan was posted for public comment
in February 2017; and
WHEREAS, an additional requirement of a 30-day Federal Register Notice, along with the
Information Collection Request package was published on June 12, 2017; and
WHEREAS, the draft report will be sent to external peer -review in Spring 2018, with the
expectation of releasing a final peer -reviewed report summarizing study results in mid-2018; and
WHEREAS, the California Environmental Protection Agency's Office of Environmental
Health Hazard Assessment (OEHHA) is also conducting a study on synthetic turf and potential
human health impacts. An August 30, 2016 fact sheet related to that study is attached hereto as
Attachment B; and
WHEREAS, OEHHA will release a draft report describing the preliminary data and results
of the study in mid-2018; and
WHEREAS, given the ongoing nature of this significant research effort, the city council
would like to extend the prohibition contained in Ordinance 4013 until August 7, 2018; and
WHEREAS, it is possible that the city council will want to extend the prohibition again
depending on the status of these ongoing research efforts and the findings that they might generate;
and
WHEREAS, since the adoption of Ordinance 4013, the City of Seattle, as a pilot project,
has replaced the SBR material at its Bobby Morris Playfield with an infill made from cork; and
WHEREAS, Seattle's pilot project will test the durability, safety, playability,
maintainability and environmental health of the cork turf infill material;
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.
Section 3. Additional Anal. During the above -described prohibition, city council
intends to:
A. Monitor the status of ongoing and new research into the health effects of SBR,
including but not limited to the significant studies being performed by the federal
government and the state of California;
B. Conduct a public hearing to determine whether this ordinance should be extended
when there is sufficient new information to warrant a public hearing.
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 August 7, 2018.
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.
APPROVED:
MAYOR DAVE EARLING
ATTEST/AUTHENTICATED :
CI ERK, S SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: February 16, 2018
PASSED BY THE CITY COUNCIL: February 20, 2018
PUBLISHED: February 25, 2018
EFFECTIVE DATE: March 21, 2018
ORDINANCE NO. 4097
SUMMARY OF ORDINANCE NO.4097
of the City of Edmonds, Washington
On the 20th day of February, 2018, the City Council of the City of Edmonds, passed
Ordinance No. 4097. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING THE PROHIBITION OF
THE INSTALLATION OF STYRENE-BUTADIENE
RUBBER (ALSO KNOWN AS SBR OR "CRUMB
RUBBER") ON PUBLICLY -OWNED ATHLETIC
FIELDS WITHIN THE CITY OF EDMONDS UNTIL
AUGUST 15, 2018
The full text of this Ordinance will be mailed upon request.
DATED this 21" day of February, 2018.
CI LE ,SCO ASSEY
n
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard 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 EDH797541ORDINANCE
4096-4098 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
02/25/2018 and ending on 02/25/2018 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$49.88 0j
Subscribed and sworn b'9 0 me on this
�210 day of
Nn Public in and for the State of
Washington.
City oFEd—& - LEGAL ADS 114101416
SCOTT PASSEY
Linda PHOps
a IMn"F- ,Public
M State pp+�'_ shington
YAFAolntmeni'Expires o&29l20?1
CLASSIFIED ADVERTISING
ORDINANCE SUMMARY
of the City oS ErGn.ds. Wash) Ian
On the 20th day OI February, Y018, the Cilyouncil of the C11y of
Edmonds, passed the 1o1ldwlnq Ofdln0n=; She Summaries of the
cCnlont of said Ordinances consisling of tfllsa are prov1dod as
follows:
ORDINANCE N0.4096
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ORDINANCE NO.4094 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
ORDINANCE NO.4097
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING THE PROHIBITION OF THE
INSTALLATION OF STYRENE-BUTADIENE RUBB R {ALSO
KNOWN A5 SBA OR "CRUMB RUBBER") ON P SLICLY-
OWNED ATHLETIC FIELDS WITHIN THE CITY OF
EDMONDS UNTIL AUGUST 15, 2018
ORDINANCE NO.4098
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 1.05 OF THE
EDMONDS CITY CODE TO ALLOW FOR REMOTE
PARTICIPATION BY MEMBERS CITY BOARDS AND
COMMISSIONS
The full text of these Ordinances will be mailed upon request.
DATED this 21 st day of February, 2018.
CITY CLERK, SCOTT PASSEY
Published: February 25, 2018. EDH797541