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Home My WebLink About09092019 City Council Laydown - Ord 2018-007 Sponsored by: Council Member Casagranda Introduction Date: September 10, 2018 Public Hearing Date: September 24, 2018 Enactment Date: September 24, 2018 CITY OF SEWARD,ALASKA ORDINANCE 2018-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING SEWARD MUNICIPAL CODE CHAPTER 9.35 GOVERNING THE USE OF NON-BIODEGRADABLE PLASTIC CARRY- OUT BAGS, AND POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE IN THE CITY OF SEWARD WHEREAS, at a community Seward Strong meeting held on December 5, 2017 a goal to "Increase recycling opportunities, promote compostable items and decrease plastic usage" was selected for the upcoming year; and WHEREAS, the Environmental Protection Agency's website (epa.gov), states "recently the accumulation and potential impacts of plastic pollution has been recognized as an emerging environmental issue (Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection [GESAMP] 2015; United Nations Environmental Programme [UNEP] 2016)"; and WHEREAS, the World Counts website (theworldcounts.com) reports 5 trillion plastic bags will be used this year. Most bags are simply thrown out. Less than 1 percent are recycled. In total, we use 100 million tons of plastic every year. Some 10 percent of this plastic ends up in the oceans - and not without consequence. In the ocean, the plastic is broken down to tiny pieces. Consequently,the plastic builds up and enters into the food chain; and WHEREAS, at the December 2017 United Nations Summit, Erik Solheim, Executive Director of the United Nations Environment Programme, describes the plastic problem in our ocean as "an environmental disaster caused by laziness that is easily fixed by a healthy dose of innovation and political will"; and WHEREAS, the Alaskan communities of Bethel, Hooper Bay and Cordova have approved ordinances in the recent years to govern the use of non-biodegradable plastic carry-out bags and polystyrene foam food service ware; and WHEREAS, the Kenai Peninsula Borough,transferred 4,362.11 tons of waste from the Seward Transfer Station in FY17. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code TITLE 9 —HEALTH AND SAFETY is hereby amended as follows: CITY OF SEWARD,ALASKA ORDINANCE 2018-007 (Deletions are Bold Str-ikethrou Additions are Bold Underline.) Chapter 9.35 -PLASTIC BAGS AND POLYSTYRENE CONTAINERS 9.35.010 -Definitions. "Affected retail establishment" means any commercial business facility that sells goods directly to the ultimate consumer including but not limited to grocery stores, pharmacies, and retail stores. "Biodegradable" means the entire product or package will completely break down and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal. "Customer" means any person obtaining prepared food from a restaurant or retail vendor. "Disposable food service ware" means all containers, bowls, plates, trays, cartons, cups, lids, and other items that are designated for one-time use and on, or in, which restaurant or retail food vendors directly places or packages prepared food or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors. "Food vendor" means any restaurant or retail food vendor located or operating within the city of Seward. "Plastic carry-out bag" means a bag made from plastic that is not intended nor suitable for continuous reuse and that is less than two and one-quarter mils thick and is designed to carry customer purchases from a seller's premises, except for: bags marketed or labeled as "biodegradable" or "compostable," bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts; bags used to contain dampness or leaks from items such as frozen foods, meat or fish, flowers or potted plants; bags used to protect prepared foods or bakery goods; bags provided by pharmacists to contain prescription drugs; newspaper bags, laundry or dry cleaning bags; or bags sold for consumer use off a seller's premises for such purposes as the collection and disposal of garbage, pet waste, or yard waste. "Polystyrene foam" means and includes blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres, infection molding, foam molding, and extrusion-blow molding. CITY OF SEWARD,ALASKA ORDINANCE 2018-007 Polystyrene foam is generally used to make cups, bowls, plates, trays otherwise known as Styrofoam. (Ord. No. 2018-XXX, & 1, XX-XX-2018) 9.35.15-Non-biodegradable plastic carry-out bags. A Affected retail establishments, food vendors and nonprofit vendors are prohibited from providing plastic carry-out bags to their customers at the point of sale to transport purchased items Reusable bags, recyclable paper bags and compostable bags, including biodegradable plastic bags, are allowed alternatives. B. Nothing in this section shall be read to preclude affected retail establishments, food vendors and nonprofit vendors from making recyclable paper bags available to customers. C. Affected retail establishments, food vendors and nonprofit vendors are encouraged to provide incentives for the use of reusable bags through education and through credits or rebates for customers that use reusable bags at the point of sale for the purpose of carrying away goods. D. No person shall distribute plastic carry-out bags at any city facility or any event held on city property. (Ord. No. 2018-XXX, 4 1,XX-XX-2018) 9.35.20-Polystyrene foam disposable food service ware. A Except as provided in Section 9.35.25, food vendors are prohibited from providing prepared food to customers in disposable food service ware that uses polystyrene foam. B. All city facilities are prohibited from using polystyrene foam disposable food service ware and all city departments and agencies will not purchase or acquire polystyrene foam disposable food service ware for use at city facilities. C. All food vendors using any disposable food service ware will use biodegradable or compostable disposable food service ware unless they can show an affordable biodegradable or compostable product is not available for a specific application. Food vendors are strongly encouraged to reuse food service ware in place of using disposable food service ware. (Ord. No. 2018-XXX, 4 1,XX-XX-2018) CITY OF SEWARD,ALASKA ORDINANCE 2018-007 9.35.25 -Exemptions. A. Prepared food prepared or packaged outside the city is exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the city of Seward are encouraged to follow the provision of this chapter. B. Food vendors will be exempted from the provisions of this chapter for specific items or types of disposable food service ware if the city manager or his/her designee finds that a suitable affordable biodegradable or compostable alternative does.not exist and/or that imposing the requirements of this chapter on that item or type of disposable food service ware would cause undue hardship. C. Polystyrene foam coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter. D. Disposable food service ware composed entirely of aluminum is exempt from the provisions of this chapter. E. Emergency Supply and Service Procurement. In a situation deemed by the city manager to be an emergency, for the immediate preservation of the public peace, health or safety, city facilities, food vendors, contractors and vendors doing business with the city shall be exempt from the provisions of this chapter. (Ord. No. 2018-XXX, § 1,XX-NX-2018) Section 2. This ordinance shall have an implementation date of October 1, 2019. Section 3. This ordinance shall take effect ten(10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 24'h day of September 2018. THE CITY OF SEWARD,ALASKA Mari nna Keil,Vice M or CITY OF SEWARD,ALASKA ORDINANCE 2018-007 AYES: Seese, Towsley, Horn, Casagranda,McClure, Keil NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballou—, MML City Clerk (City Seal) ®epseoc�ang�,� . ®® ®f sew ° .4 �.......j O� O� � SEA, m M m o 9 . ¢ O F � ao�goa®