§ 10.42.010. Purpose and findings.

A.

The purpose of this Chapter is to regulate and limit the use of polystyrene foam food packaging by food providers in the unincorporated area of the County in order to reduce litter, protect the natural resources of Monterey County, and protect the public health, safety, and welfare of the citizens of the County.

B.

Pursuant to Article XI of the California Constitution, the County of Monterey may adopt and enforce ordinances and regulations to protect and promote the public health, safety and welfare of its citizens.

C.

The County is charged with protecting the public health, safety, welfare and environment by promoting the reduction of solid waste generation and the diversion of solid waste from landfills. The Integrated Waste Management Act of 1989 (Public Resources Code section 41750 et seq.) requires the County to divert its solid waste from landfills through source reduction, recycling, and composting activities. The State of California may levy fines if compliance with this statute is not met. Many alternatives to polystyrene foam food packaging (such as paper, corn starch, bagasse, HDPE, LDPE, etc.) are biodegradable or recyclable, thus saving landfill space and aiding the County to achieve diversion mandates.

D.

This Chapter is consistent with the Source Reduction and Recycling Element (SRRE) of the Countywide Integrated Waste Management Plan (1995) for Monterey County as adopted under the Integrated Waste Management Act of 1989. The SRRE identifies regulatory program options, including product bans, based upon "excessive packaging, non-recyclability, litter potential, etc."

E.

Polystyrene is a plastic resin that is used to make up a wide range of consumer goods and packaging. In its "foam" or "expanded" state, it is frequently used to produce take out food containers that are not readily biodegradable.

F.

According to a 2004 report entitled Use and Disposal of Polystyrene In California - A report to the California Legislature by the California Integrated Waste Management Board (CIWMB), Californians used more than an estimated one hundred sixty-five thousand (165,000) tons of polystyrene in 2001 for packaging and food service purposes alone.

G.

Polystyrene foam food packaging often litters parks and public places, streets and roads, waterways, storm drains and beaches. It may also break down into smaller, non-biodegradable pieces that may harm or kill marine and other wildlife when ingested.

H.

According to the Plastic Debris, Rivers to Sea Project implemented by the California State Water Resources Control Board, the California Coastal Commission and the Algalita Marine Research Foundation, sixty (60) to eighty (80) percent of all marine debris and ninety (90) percent of floating debris is plastic material which includes polystyrene foam. [Gregory, M.R., Ryan, P.G. 1997. Pelagic plastic and other seaborne persistent synthetic debris: a review of Southern Hemisphere perspectives and the United Nations Environment Programme: www.marine-litter.gpa.unep.org]

I.

A California Department of Transportation study conducted during 1998—2000 found that Polystyrene Foam represents as much as fifteen (15) percent of the total volume of litter recovered from storm drains. [California Department of Transportation. 2000. Final Report - Litter Management Pilot Study]

J.

It is not economically feasible to recycle polystyrene foam in Monterey County. Eliminating the use of polystyrene foam will maximize the operating life of area landfills and will lessen the economic and environmental costs of waste management for businesses and citizens of Monterey County.

K.

The collection of polystyrene foam litter and the disposal of polystyrene foam waste results in direct costs to the County in the form of personnel time, equipment usage, and disposal fees.

L.

As of January 2010, there are approximately two thousand two hundred (2,200) permitted food providers located in Monterey County. Approximately four hundred ninety (490) permitted food providers are in the unincorporated area of the County. County estimates that when this Chapter takes effect, approximately one hundred sixty (160) food providers will be subject to the requirements of this Chapter.

M.

Affordably priced non-polystyrene foam products are available to food providers in order to comply with the regulations of this Chapter.

(Ord. No. 5156, § 1, 4-13-2010)