PISMO BEACH COUNCIL AGENDA REPORT

Transcription

1 PISMO BEACH COUNCIL AGENDA REPORT Agenda Item #7.C SUBJECT/TITLE: EXTRUDED POLYSTYRENE FOAM (STYROFOAM) PRODUCT REGULATIONS RECOMMENDATION: Discuss and provide direction to staff. BACKROUND: The City Council has requested that staff provide information regarding a ban on the use of Styrofoam within the City. Styrofoam is a trademarked brand of closed-cell extruded polystyrene foam (EPS) currently made for insulation and craft applications. In California, there are over 80 cities and counties that have introduced regulations focused on restricting the use of food and drink containers made from EPS, all citing the environmental effects of EPS as the basis for regulating these products. EPS is made of non-renewable petroleum products and is uniquely problematic as litter. EPS is a lightweight, durable material that is not biodegradable and contributes to the waste buried at landfills. EPS products are challenging to recycle due to a lack of recycling facilities and difficulties with recycling EPS that has been in contact with food. EPS products are not currently recycled at the local Cold Canyon Landfill. EPS products are lightweight, break apart evenly and are prone to blowing around downtown and the beach. Ordinances adopted by other agencies prohibit the use of disposable food or drink containers made of EPS and require that disposable food and drink containers that are recyclable, compostable, or biodegradable be used as an alternative. Some of the ordinances provide for exemptions to minimize undue hardship on food providers. Undue hardship exemptions can be granted because alternatives are not available or because the alternatives are not affordable. Some jurisdictions have also included a prohibition on the sale of most retail products made of EPS, such as small coolers and packing peanuts. Exemptions noted also provide for the retail sale of EPS when it is included as a packing material. In San Luis Obispo County, only the City of San Luis Obispo has adopted an ordinance (Attachment 2) regulating the use of EPS. Morro Bay is considering an ordinance regulating EPS and it is expected the City Council will discuss such regulations at one of its meetings in September. Community Outreach One component of most communities efforts to regulate EPS included an extensive community outreach effort where all those potentially impacted by the regulation of EPS had an opportunity to provide input on the regulation. The Pismo Beach Chamber of Commerce has conducted a phone survey of restaurants in the City. Of the twenty-six (26) restaurants that responded to the survey, fifteen (15) indicated they used Styrofoam. The Chamber s survey results are included as Attachment 1 to this report. Outreach CCA Item 7.C Pg. 1

2 efforts were typically done by cities in conjunction with their local Chambers of Commerce or business associations. Of those who responded, 11 currently use Styrofoam. Most all restaurants said they would switch if required as long as they were given time to work through inventory. Environmental Review It is expected that a set of regulations regulating EPS would be exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it is not expected that such an ordinance would have a significant effect on the environment. Further, such an ordinance would be exempt from CEQA on the separate and independent ground that it is an action of a regulatory agency (the City) for the protection of the environment because, among other things, it will regulate the use and sale of expanded polystyrene products and reduce the amount of expanded polystyrene products that enter local landfill and waterways. Discussion An ordinance regulating EPS can take many forms. It is staff s opinion that the form of such an ordinance should benefit from community input and those it could potentially impact. Based on this, should the City Council seek to move forward with an ordinance regulating EPS, staff recommends that a public outreach effort be conducted to assist in the writing of the regulations. The public outreach effort should be done in cooperation with the Pismo Beach Chamber of Commerce and other business associations that would be willing to assist in this effort. Enforcement If enacted, regulations governing the use of EPS products will need to be enforced. In addition to developing EPS regulations, careful consideration should be given to the enforcement of these regulations and the resources needed to effectively carry them out. FISCAL IMPACT: An ordinance regulating the use of EPS products adds additional regulations to the City s Municipal Code. At this time, the impacts of implementing and enforcing the additional elements of an ordinance regulating EPS will need to be evaluated to determine if current or additional resources are necessary to appropriately enforce. This could be another regulation that could require more proactive code compliance measures. ALTERNATIVES: 1. Direct staff to conduct public outreach on an ordinance regulating EPS and return to the City Council with a report and draft ordinance based on the results of the outreach effort. 2. Direct staff to prepare an ordinance regulating EPS containers and products. Direction should be given to staff regarding the components of the regulations. 3. Receive report and take no further action. CCA Item 7.C Pg. 2

3 ATTACHMENTS: 1. EPS Use Survey 2. City of San Luis Obispo Ordinance Banning EPS Prepared by: Meeting Date: September 15, 2015 Jon Biggs, Community Development Director City Manager Approval: CCA Item 7.C Pg. 3

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