Ordinance 4157and
ORDINANCE NO.4157
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 AND
DECLARING AN EMERGENCY NECESSITATING
IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS
ORDINANCE.
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 city council adopted Ordinance 4142 on February 12, 2019, which
extended the sunset date of the prohibition set forth in Ordinance 4013 another six months until
August 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-
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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
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, on July 25, 2019, the U.S. Environmental Protection Agency (EPA) released
the Synthetic Turf Field Recycled Tire Crumb Rubber Characterization Research Final Report:
Part I -Tire Crumb Rubber Characterization; and
WHEREAS, according to the EPA, this report is not a risk assessment, nor can the
information in it be used to identify a level above which health effects could occur; and
WHEREAS, according to the EPA, in general, the findings from the report support the
premise that while chemicals are present as expected in the tire crumb rubber, human exposure
appears to be limited based on what is released into air or simulated biological fluids (gastric fluid,
saliva and sweat); and
WHEREAS, Part 2, to be released later, will include data to characterize potential human
exposures to the chemicals found in the tire crumb rubber material while using synthetic turf fields;
and
WHEREAS, Part 2 will be released along with results from a biomonitoring study being
conducted by CDC/ATSDR to investigate potential exposure to constituents in tire crumb rubber;
and
WHEREAS, these research activities and the resulting findings do not provide an
assessment of the risks associated with playing on or contact with the tire crumb rubber used for
synthetic turf fields. Instead, these research results should inform future risk assessments; and
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WHEREAS, EPA and CDC/ATSDR will host a joint public webinar to present findings
from the tire crumb rubber characterization research activities on August 6, 2019 from 3:00-4:00
pm ET; 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 in May 2018 and May 2019; and
WHEREAS, the OEHHA study is scheduled to be completed in 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 at least an additional two months to allow
it to better understand the recently released reports and the possible costs and benefits of waiting
for additional research findings to be released; 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 upon the information provided when the EPA releases Part 2 of its study; 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 being 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.
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;
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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 pending release by the EPA of Part 2 of its synthetic
turf crumb rubber study and 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 six months from the effective date of this ordinance.
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. Emergency. The City Council declares that an emergency exists necessitating
that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole
membership of the Council, and that the same is not subject to a referendum.
Section 7. Publication.
consisting of the title.
This Ordinance shall be published by an approved summary
Section 8. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 6, as long as it is approved by a majority plus
one of the entire membership of the council, as required by RCW 35A.12.130. If it is not adopted
by a majority plus one of the entire membership of the council, then the language declaring an
emergency shall be disregarded, in which case, this ordinance, being an exercise of a power
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specifically delegated to the City legislative body, is subject to referendum and shall take effect
thirty (30) days after final passage and publication of an approved summary thereof consisting of
the title.
A3TTESTIAUTHENT CATED:
C 'LERK, SCO SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY WA bkV, --%*1Wq
]EF *RADAY
FILED WITH THE CITY CLERK: August 2, 2019
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
August 5, 2019
August 9, 2019
August 5, 2019
4157
0
SUMMARY OF ORDINANCE NO. 4157
of the City of Edmonds, Washington
On the 51h day of August, 2019, the City Council of the City of Edmonds, passed Ordinance
No. 4157. 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 AND DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE
ADOPTION AND EFFECTIVENESS OF THIS
ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this 51h day of August, 2019.
tfTl CLERK, TT PASSEY
VA
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Leanna Hartell 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 EDH868933 ORDINANCE NO.
4157 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
08/09/2019 and ending on 08/09/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for suc gublicapon is
$32.58. r
s �
Subscribed and sworn b me on this
Z�
day of
—20r/
Not Public in and for the State of
Washington.
City of Edmonds - LEGALADS 114101416
SCOTP PASSEY
iLind�, Phillips
Nwaly Public
Stale nt "'r,94in®ton
MyAppolnIRMgt Expires 08/29/2021
Classified Proof
SUMMARY OFOROI MANGE NO. 4157
dt She City Of E monds, WashlnWon
On the 51h day Of AUVnL 2019. 11W 01ty C900 of the City of
Edmonds, passed Ordinance No. 4167, A aummary of the content
of sold drdlRalicC, [CIr8k4E[slg of file t11]v prdvgns as loilows
AN ORDINANCE OF THE LLITV OF EIJMpNDS,
WASHINGTON. EXTENDING THE PROHIBITION OF THE
INSTALLATION OF STYRENE- BUTADIENF RUBBER (ALSO
NNnVVN AS SBR OR 'CRI IM8 RUBBER-) ON PU Bf ICLY-
OWNED ATHLETIC FIELDS WITHIN THE CITY OF
EDMONDS FOR AN ADDITIONAL SIX MONTHS AND
DECLARING AN EMCRGENCY NEr:ESSITATING
IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS
ORDINANCE.
T lie fug IexI of IN% Ordimnee wl ll be nulled qOR fegUell.
DATED INs 616 cloy of AuUgguat 2010.
Ot7Y CLERK. SCOTT f ASSEY
Published: August 9, 2019. EDH868933
Proofed by Hartell, Leanna, 08/13/2019 08:39:51 am Page: 2