CITY COUNCIL 9.B.1 Public Works Department M E M O R A N D U M DATE: January 9, 2017 TO: FROM: SUBJECT: Charles Montoya, City Manager Steve Palmisano, Director Public Works & Utilities Michelle Templeton, Public Works & Utilities Assistant Director Safe Drug and Sharps Disposal Ordinance AGENDA ITEM: January 24, 2017 City Council RECOMMENDATION: It is recommended that the City Council adopt the proposed Safe Drug and Sharps Disposal Ordinance to support the health and safety of our community and make proper disposal convenient for our residents and businesses. The proposed ordinance would require: 1) Producers or manufacturers of prescription and over-the-counter drugs and sharps (syringes) offered for sale in the to participate in an approved drug stewardship program for collection and disposal of unwanted medications and sharps 2) Pharmaceutical manufacturers to manage and fund a comprehensive program to collect and dispose of City residents unwanted prescription and over-the-counter drugs and sharps at no cost to the, residents, or local pharmaceutical retailers. DISCUSSION: Ensuring that residents can easily dispose of sharps and pharmaceuticals is imperative to public health and environmental protection. The has participated in a voluntary, publically funded collection program for unwanted pharmaceutical products since 2008. This existing program serves five local retailers as well as our public drop off and landfill locations. Historically, the County of Santa Cruz had managed this program and the paid to be included in this collaborative effort. However, on December 8, 2015, the Santa Cruz County Board of Supervisors passed an ordinance requiring manufacturers and pharmaceutical companies to design, fund, and operate a program to safely collect and dispose of unwanted drugs. As a result, the new program will be run as a manufacturer and/or producer funded program and no longer be managed by the County of Santa Cruz or funded from public sources.
Local ordinances have now been adopted by the County of Santa Cruz, the City of Santa Cruz, the City of Scotts Valley, and the City of Capitola. Therefore, the City of Watsonville no longer has an option to pay into a countywide program and must consider the best option for continuing this service for our residents and ensuring the businesses are supported. The proposed ordinance was developed using the County ordinance and would shift the City s current system from a government-funded diversion program for disposal of sharps and pharmaceuticals to one that relies on producer responsibility. The difference between the County ordinance passed and this proposed ordinance is that the requires Spanish bilingual signage for collection stations and follows the City Municipal Code fee structure rather than the County code fee structure. It is estimated that the has five retailers of products that would be subject to the terms of this ordinance. Staff will provide outreach and education to inform retailers of this ordinance. The retailers will continue to be able to provide free sharps and pharmaceutical take back at their locations with no cost to their businesses. The continued proper disposal of medications is essential as it reduces risks to public health and the environment. The new ordinance is based on the concept of extended producer responsibility (EPR) which makes the product manufacturers financially responsible for the full costs of their products (including disposal). There is a need to adopt an EPR ordinance to continue to manage the safe and responsible disposal of unwanted pharmaceuticals and sharps. Existing, successful collection program: Mitigates public health consequences of sharps and pharmaceuticals in public spaces. Prevents unauthorized access to pharmaceuticals stored at home by youth and teens. Limits unwanted pharmaceuticals and sharps ending up in the solid waste stream and the hazards to those working in public sanitation. Reduces damaging environmental consequences of improperly disposed of pharmaceuticals disposed on groundwater, wastewater and drinking water sources in Watsonville. Future, long-term proposed program: Recognizes shared responsibility of the producer at the post-consumer stage of their products life cycle. Addresses currently limited participation of commercial producers in the costs of responsible disposal of the products at the post-consumer stages of the product s life-cycle. For example, there are currently disposal fees on motor oil, tires, mattresses, and paint. These industries in CA have similar mandates they had to fund and set up collection systems for their products. Summarized Ordinance Components:
All pharmaceutical and sharps manufacturers ( producers ) will be required to design, fund, and operate a Product Stewardship Program to safely collect and dispose unwanted drugs and sharps. They must submit their plans to the City for review and approval, submit an annual report, and revise their plans every three years. Producers must promote their take-back program to local stakeholders including pharmacists, retailers of their products, health care providers, and doctors. Product retailers must provide a safe and convenient collection system for consumers unwanted or spent products, either an on-site sharps and drugs collection system or mail-collection system. Sharps disposal containers will be required with all local sales of hypodermic sharps. Producers are responsible for all costs and retailers are responsible for compliance. staff will assist retailers through outreach and education. City Role The City will be responsible for conducting outreach and education on this ordinance. The City will be responsible for reviewing and approving Product Stewardship Plans. The City will monitor compliance, assess administrative fees and penalties, on a case by case basis, for non-compliance. The City will use this as an opportunity to recognize and thank the local pharmacies that have been voluntarily participating in the Sharps Solutions program for the past 8 years. ENFORCEMENT: This ordinance would formalize a process that is already in place allowing it to be more sustainable in the long term. We do not anticipate major challenges with this transition. City staff will be responsible for providing education and assistance for the first year of this ordinance. Retailers who violate this ordinance will receive a written warning from the Director of Public Works, accompanied by additional educational outreach efforts. If compliance is still not achieved by the company, the City would proceed to fines based on the severity of infraction based on chapter 1-2.10 of the Watsonville Municipal Code. This enforcement process aligns with the s current enforcement code. STRATEGIC PLAN: The Safe Drug and Sharps Disposal Ordinance is consistent with the City s goals to protect public safety, promote economic development, and ensure the health and safety of residents. FINANCIAL IMPACT: This ordinance will not have a financial impact on local business because the cost of the
program will fall on the sharps and pharmaceutical producers. This will also reduce City costs by approximately $4,000, which was the cost for participating in the County s takeback program before they disbanded the program. We anticipate using staff time for the initial implementation of this ordinance. ALTERNATIVES: A countywide collaboration is no longer an option as a result of other cities ceasing this program. As a result, there are no alternatives that do not have a fiscal impact on the City and added staff time to manage the program. ATTACHMENTS: FAQ sheet cc: City Attorney
2017 PROPOSED SAFE DRUG AND SHARPS FACT SHEET What Does the Proposed Ordinance Do? The Safe Drug Disposal Ordinance requires drug and medicine manufacturers who sell their products in the to provide all residents with a safe and convenient way to dispose of their unwanted medicine or sharps. The proposed Ordinance uses an Extended Producer Responsibility model in which manufacturers, retailers, consumers, and local government all play a role in managing and properly disposing of unwanted and expired medications to reduce accidental poisoning, control substance abuse, and protect the environment. Why Does the Need a Medicine Collection Program? There is clear evidence of harm to the environment. Flushing pharmaceuticals and their metabolites can lead to water pollution, and pharmaceuticals have been conclusively shown to be affecting aquatic ecosystems. Many pharmaceuticals have endocrine disrupting effect which can impact aquatic species, even at very low concentrations. In addition, as the works towards our goal of Zero Waste to Landfill by 2020, there simply will be no wastes going directly to landfill. The most compelling and immediate reason for safe and secure medicine disposal is public safety. Safe medicine disposal is one of four key elements of national efforts to address the prescription drug abuse epidemic. What Medicines are covered by the Ordinance? The Ordinance applies to both prescription and over-the-counter human and pet medicines which are used or stored in homes. These medicines are called covered drugs in the proposed Ordinance. The Ordinance does not include vitamins or supplements, herbal-based and homeopathic remedies, and personal care products that are regulated as both cosmetics and nonprescription drugs by the Federal government. The Ordinance does not apply to unwanted medicines from businesses, including pharmacies, hospitals, clinics and doctor s offices. Safe disposal of medicines from businesses is required under existing state and federal law. Who is a Producer? The Ordinance defines a Producer to include any person who manufacturers covered drugs which are sold in or into the City of Watsonville. Pharmacists and other professionals who prepare individual compounded drugs as part of their practice are not considered Producers. What do Producers have to do? Each Producer whose covered drug product is sold in the must participate in a Stewardship Plan which provides a minimum number of collection and disposal opportunities to all residents. Attachment 1 Page 1 of 3
2017 PROPOSED SAFE DRUG AND SHARPS FACT SHEET What are Stewardship Plans? Stewardship Plans must be approved by the Director of Public Works Department and must contain detailed information on how the producers participating in that plan will provide collection sites to ensure convenient drop-off options for all City of Watsonville residents. Producers have 60 days from the effective date of the proposed Ordinance to prepare and submit a written Stewardship Plans. Plans must be implemented within three (3) months of Plan approval. Producers may operate their own plans, join together to operate a multi-party plan, or enter into an agreement with a Stewardship Organization to operate a plan on their behalf. Stewardship Plans must include a discussion of how patient privacy will be maintained and how packaging will be recycled, as well as how unwanted medicines will be safely disposed of in compliance with current law. As part of plan development, the Ordinance requires producers to contact all retail pharmacies and law enforcement agencies located in the with an offer to participate as a medicine drop-off collection site. Any pharmacy or law enforcement agency wishing to participate must be included in the plan without charge. The Ordinance requires that mail-back envelopes for medicine disposal be available to homebound and disabled residents on request. The Ordinance requires the operator of each Stewardship Plan to submit to the Department of Public Works an annual report describing the plan s activities for the preceding year. Producers are also required to update their Stewardship Plan every three (3) years, to conduct biennial survey of Watsonville residents and health professionals on the effectiveness of their plan, and to establish a toll-free telephone number and website for outreach purposes. All outreach and survey materials must be multilingual. Who is Paying? Producers are responsible for all costs of administering and operating their Stewardship Plan. The participation of retail pharmacies and law enforcement agencies as medicine collectors is voluntary under the Ordinance. Producers may offer financial or other incentives to pharmacies and law enforcement, but they are not required to offer any incentive or to pay for costs of staff time at drop-off sites provided by volunteer collectors. The Ordinance prohibits producers or collectors from charging a point-of-sale fee to consumers at the time of collection or disposal to recoup the costs of operating the Stewardship Plans. Attachment 1 Page 2 of 3
2017 PROPOSED SAFE DRUG AND SHARPS FACT SHEET What is the Role of the s Public Works Department? The Department is responsible for reviewing and approving Stewardship Plans. The Department is required to support each Stewardship Plan s outreach and promotion efforts through the Department s existing outreach mechanisms. The Department is also responsible for administering the penalty provisions of the Ordinances. What is happening with local jurisdictions? Since 2008, Santa Cruz County and local jurisdictions have worked together to offer services that facilitate proper disposal of medications. Until recently, the participate in a voluntary publically funded program, managed by Santa Cruz County. In December of 2015, Santa Cruz County passed a Safe Disposal of Drugs and Sharps Ordinance. Since then, all other local municipalities within the County of Santa Cruz have passed this ordinance. The is proposing to pass a similar ordinance to insure that free sharps and pharmaceutical take-back continues for Watsonville residents without any cost to businesses. For more information contact the s Public Works Department: 831-768-3133 or customerservice@cityofwatsonville.org! Attachment 1 Page 3 of 3