Ordinance 4142and
ORDINANCE NO.4142
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 FOR AN ADDITIONAL SIX MONTHS.
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 city council adopted Ordinance 4097 on February 20, 2018, which
extended the sunset date of the prohibition set forth in Ordinance 4013 until August 15, 2018; and
WHEREAS, the city council adopted Ordinance 4125 on August 21, 2018, which extended
the sunset date of the prohibition set forth in Ordinance 4013 another six months until February
21, 2019; 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, the draft report on the Federal Research Action Pan on Recycled Tire Crumb
Used on Playing Fields and Playgrounds (FRAP) was sent for external peer -review in May 2018;
and
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WHEREAS, the US EPA and CDC/ATSDR are currently working to address peer review
comments; and
WHEREAS, the agencies plan to release the report in two parts; and
WHEREAS, the first part summarizing the Tire Crumb Rubber Characterization Study will
be released for public comment in early 2019;
WHEREAS, currently, CDC/ATSDR is initiating a full biomonitoring study to investigate
potential exposure to constituents in tire crumb rubber infill. The information from the
biomonitoring study will be released for public comment, along with information collected as part
of the FRAP Exposure Characterization Study, at a later date; 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; and
WHEREAS, the Synthetic Turf Scientific Advisory Panel is a group of expert scientists
that the Office of Environmental Health Hazard Assessment (OEHHA) has convened to provide
scientific advice on its Synthetic Turf Study; and
WHEREAS, the Panel advises OEHHA on study plans, data interpretation, and reporting
of study results; and
WHEREAS, the goal of the OEHHA study is to assess the potential health impact
associated with the use of synthetic turf and playground mats made of crumb rubber; and
WHEREAS, the Panel met on May 25, 2018; and
WHEREAS, an overview of the study contained in the May 25, 2018 meeting materials,
and attached hereto as Exhibit A, indicates that the final task, entitled "Task 7. Human Health
Risk Assessment," is expected to be completed in mid-2019; and
WHEREAS, given the ongoing nature of this significant research effort, the city council
would like to extend the prohibition originally adopted in Ordinance 4013 for an additional six
months; and
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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; and
WHEREAS, the Edmonds School District has a pending building permit application before
the City related to a project known as the Edmonds-Woodway High School Synthetic Turf
Conversion; and
WHEREAS, the field infill material is not part of the building permit review nor any of the
associated land use permits, which were previously approved; and
WHEREAS, the Edmonds School District has obtained alternative bids related to the infill
material for this project so that it would be able to evaluate the price difference between an SBR
infill and a cork infill; and
WHEREAS, news reports indicate that the Edmonds School District intends to await the
conclusion of the 2019 baseball season to start its construction of this project; and
WHEREAS, the safety of SBR is still be studied by and is of great concern to the Edmonds
City Council; 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.
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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 Analysis. 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 shortened or
extended by a subsequently adopted ordinance, the provisions of this ordinance shall be null, void,
and of no force and effect after August 21, 2019.
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. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
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Section 7. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
-CO. , L
MA OR DAVE hARLING
ATTEST/AUTHENTICATED:
C CLE K,S O ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
WE
FILED WITH THE CITY CLERK: February 8, 2019
PASSED BY THE CITY COUNCIL: February 12, 2019
PUBLISHED: February 15, 2019
EFFECTIVE DATE: March 14, 2019
ORDINANCE NO.: 4142
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SUMMARY OF ORDINANCE NO.4142
of the City of Edmonds, Washington
On the 12th day of February, 2019, the City Council of the City of Edmonds, passed
Ordinance No. 4142. 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 FOR AN
ADDITIONAL SIX MONTHS.
The full text of this Ordinance will be mailed upon request.
DATED this 13t" day of February, 2019.
CI CLERK, SCOMT-T�ASSEY
R
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 EDH844972 ORDINANCES
4140-4144 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
02/15/2019 and ending on 02/15/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$77.a��
Subscribed and sworn before me on this
j daV t�f
owls
'�11r•
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
RECEIVED
FEB 19 2019
EDMONDS CITY CLERK
Classified Proof
RECEIVED
FEB 19 2019
ORDINANCE SUMMARY
'of m Clry of Eemnnds. WaaNngton
Ed the 121h day C1 February, 2610i an City Council of the City of
Ednioetda, pawed the flowing Drdirre rlCei, the wmmafiea of said
EDMONDS CITY CLERK
.,dln..0 , C" IlI" Of Sides ere as follows:
gRQINAAiCE ND.4idp
MTV
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO RESIDENTIAL UNIT$ IN
THE SO ZONES, PERMANENTLY ELIMINATING AN
EXEMPTION t:ROM PARKING REQUIREMENTS FOR
BUILDINGS WITH A FOOTPRINT LESS THAT 4800 SF.
ORDINANCE NO.4141
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE TO AMEN", C"APTER 205D of: THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED 'WIRELESS COMMUNICATION FACILITIES.'
DECLARING AN EMERGENCY NECESSITATING
IMMEOPATE ADOPTION} AND EFFECTIVENESS OF THIS
INTERIM ZONING ORDINANCE.
ORDINANCE NO.4142
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON. EXTENOING THE PROHIBITION OF Toe
INSTALLATION OF STY REHE•BUTALNENE RUSHER (ALSO
KNOWN AS SBR OR 'CRUMB RUBBER') ON PUBLICLY -
OWNED ATHLETIC FIELDS WITHIN! THE CITY OF
EDMONDS FOR AN AODITIONAL SIX MONTHS.
ORDINANCE NO.4143
AN ORDINANCE OF THE CITY OF EDMONDS.
WASHINGTON, VACATING A PORTION OF EXCELSIOR
PLACE THAT ABUTS AND LIES NORTH OF THE
PROPERTY ADDRESSF-O AT 19631 94TH PLACE WEST AS
SET FORTH IN THE RESOLUTION OF INTENT NO 1419,
AND FACING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
ORDINANCE NO. 41A4
AN ORDINANCE Of THE CITY OF EDMONDS.
WASHINGTON, AMENDING ORDINANCE NO. 4136 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENOITLIRES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SMALL BECOME EFFECTIVE
The fu8 tellt of Grose Ot dr1an66s w II be malled upon request.
DATED this 13th day of February, 2019
CITY CLERK, SCOTT PASSEY
Published: February 16, 2019. EDH844972
Proofed by Sheppard, Dicy, 02/15/2019 09:00:28 am Page: 2