Chapter 7.30
POLYSTYRENE FOOD PACKAGING
Sections:
7.30.010 Purpose.
7.30.020 Findings.
7.30.030 Definitions.
7.30.040 Violations and penalties.
7.30.050 Interpretation.
7.30.060 Exemptions.
7.30.010 Purpose.
The purpose of this chapter is to decrease the use and presence of polystyrene products in order to promote the public health, reduce solid waste disposal and litter, protect air quality and the ozone layer, protect wildlife, livestock and the environment. (Ord. 89-6 § 1, 1989).
7.30.020 Findings.
The city council finds:
A. Current available evidence shows that polystyrene foam food or drink containers create or contribute to significant health and litter problems in the city.
B. Polystyrene foam or drink containers are an ubiquitous and light-weight source of litter. Because they are not biodegradable, they constitute a significant portion of accumulated litter.
C. The light weight of polystyrene containers enables them to fly into waterways and livestock enclosures, where they may be ingested, causing illness or death to wildlife and domestic animals or livestock.
D. Medical evidence suggests that styrene, a toxic chemical, may leach into food or drink from polystyrene foam containers, jeopardizing the public health.
E. Available evidence shows that chlorofluorocarbons are sometimes used as blowing agents in polystyrene foam manufacture which damage the ozone layer protecting the earth from dangerous ultraviolet radiation and may create lower-level air pollution. While some polystyrene foam manufacturers have begun to use less dangerous blowing agents which are less damaging to the environment, air quality and ozone protection continue to be threatened.
F. In addition, polystyrene foam food containers present a solid waste management problem. Such containers require solid waste disposal in landfills, which may experience fires. Evidence suggests that uncontrolled incineration of polystyrene foam may release toxic emissions threatening air quality and public health. Complex chemical reactions may occur, releasing potentially harmful emissions or leachates.
G. The presence of polystyrene foam in waste streams is particularly problematic because there is currently no market for the recycling of the polystyrene foam.
H. Alternatives to polystyrene foam food or drink containers are readily available in the form of paper or nondisposable packaging.
I. The collection of polystyrene litter and the disposal of polystyrene waste results in direct costs to the city.
J. The city council supports a ban on all uses of polystyrene not deemed absolutely critical. Until such bans are in effect responsible action to reduce polystyrene use and alert the public to the potential dangers of these substances must be taken at the local level.
K. This chapter is consistent with the solid waste management plan of the county of Sonoma, and the legislative intent and findings of the State of California Solid Waste Management and Resource Recovery Act of 1972. (Gov. Code 66700 et seq.) (Ord. 89-6 § 1, 1989).
7.30.030 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings ascribed to them in this section:
A. "City premises" means all lands, water, buildings or premises owned by or leased to the city.
B. "Food packaging" means all bags, sacks, wrappings, containers, bowls, plates, trays, cartons, cups, straws and lids, on or in which any foods or beverages are placed or packaged or are intended to be placed or packaged.
C. "Person" or "anyone" means any natural person, firm, corporation, partnership or other organization or group, however organized.
D. "Polystyrene foam" means any styrene or vinyl chloride monomer or polymer which is blown, molded or extruded into a foam-like material.
E. "Polystyrene foam food packaging" means any food packaging which contains any polystyrene foam. (Ord. 89-6 § 1, 1989).
7.30.040 Violations and penalties.
Any person who rents city property and while using that property, willfully possesses, gives, receives, lends, offers or exposes for sale, uses, delivers, furnishes, transfers or disposes of any polystyrene foam food packaging is guilty of an infraction, punishable by a fine not exceeding $250.00. Further, no city employee, councilmember nor commissioner shall use polystyrene products while on city business nor shall any municipal funds be used to purchase polystyrene containers. (Ord. 89-6 § 1, 1989).
7.30.050 Interpretation.
This section is not intended and shall not be construed to apply to any substance or activity which is regulated by federal or state law or to unduly interfere with the achievement of federal or state regulatory activities. It is the intention of the city council that this chapter shall be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes which those enactments express. (Ord. 89-6 § 1, 1989).
7.30.060 Exemptions.
The city council or its city manager may exempt an item or type of packaging from the requirements of this chapter upon a showing that imposing the requirements of this chapter on that item would cause undue hardship. Items of polystyrene foam food packaging required to be purchased under contract, entered into, prior to or within six months of the effective date of the ordinance codified in this chapter are exempt from the provisions of this chapter. The city council or its city manager may exempt an item or type of packaging in the case of a city concessionaire for a period not to exceed six months from the effective date of the ordinance codified in this chapter. (Ord. 89-6 § 1, 1989).