HomeMy WebLinkAboutORDINANCE 6250Ao'_
AYE
4 RKANSP'
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6250
File Number: 2019-0647
ENACT §114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM
SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS, AND SIMILAR PRODUCTS:
AN ORDINANCE TO ENACT §114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS)
FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS, AND SIMILAR PRODUCTS
WHEREAS, the City Council enacted Ordinance No. 6185 on May 21, 2019 to prohibit the purchase of
most Expanded Polystyrene (EPS) Foam products (especially single -use plates, bowls and cups) by all City
Departments; and
WHEREAS, the City Council passed Resolution No. 134-19 on June 4, 2019 expressing its intention to
regulate EPS single -use plates, bowls, cups, etc.; and
WHEREAS, City staff has worked with the Environmental Action Committee and Council Member Teresa
Turk to come up with a proposed ban of most single -use Expanded (EPS) Foam products including plates,
bowls, clamshells, cups, etc. provided to customers by restaurants, hotels, grocery stores with delis or food
bars, convenience stores, coffee, tea or donut shops, caterers, or other ready -to -eat food providers.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 114.10 into the
Fayetteville Code as follows:
Page 1 Printed on 1116119
File Number.' 2019-0647
Ordinance 6250
"114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls,
Clamshells, Cups and Similar Products.
(A) Purpose.
Expanded Polystyrene (EPS) Foam single -use products break down in the environment into tiny
pieces which become virtually impossible pickup or clean from the environment and travel
through the air and water causing worldwide pollution, damage to the environment and health
risks to many living things. The City Council has determined it is vital to our citizen's health and
especially to our water supply of Beaver Lake that the amount of EPS that can escape into our
environment should be reduced as much as possible. Furthermore, there are many other
products that can be reused, recycled or composted which are readily available at a reasonable cost
that can substitute for EPS Foam products.
(B) Benefits for Fayetteville Citizens.
Substantial reduction in the use of EPS single -use products will substantially reduce unsightly
and unhealthful litter and the taxpayers' expense of cleaning up such litter as much as possible.
Keeping as much EPS out of Beaver Lake as possible will ensure better and more healthy water
quality with less expense for the Beaver Water District to attempt to remove EPS from our
drinking water. Switching to reusable, recyclable or compostable products will reduce the
volumes required to be landfilled, the cost of disposal and the life of current landfills.
(C) Application.
These regulations shall apply to restaurants; hotels; grocery stores with delis or food bars;
cafeterias; convenience stores; coffee, tea and donut shops; caterers; and any other prepared, ready -
to -eat food or drink providers.
(D) Prohibited Use of Expanded Polystyrene Foam Single -Use Products.
No single -use Expanded Polystyrene Foam product including plates, bowls, clamshells, cups, and
similar products may be provided by any restaurant, hotel, grocery store for its deli or food bar,
cafeteria, convenience store, coffee, tea or donut shop, caterer or other prepared, ready -to -eat food
or drink provider.
(E) Exemption.
The Mayor may grant temporary exemption from this prohibition if necessitated by an
emergency, a public health and safety need or medical necessity. The City Council may grant a
permanent exemption by amending this code section.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this
Page 2 Printed on 1116119
File Number. 2019-0647
Ordinance 6250
ordinance shall not go into effect until May 1, 2020 to allow current users of EPS foam products to be
able to use up their inventory and purchase cost effective substitute products.
PASSED and APPROVED on 11/5/2019
Attest: 0%1111111111,1,i
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.U: �'�Z PIZ
: FAYETT VILLE:�u=_
J.
Lisa Branson, Deputy CifgANS
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Page 3 Pd Wed on 11/&19
T City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
-� (479) 575-8323
Text File
File Number. 2019-0647
Agenda Date: 11/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B 3
ENACT §114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE
PLATES, BOWLS, CLAMSHELLS, CUPS, AND SIMILAR PRODUCTS:
AN ORDINANCE TO ENACT §114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS)
FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS, AND SIMILAR PRODUCTS
WHEREAS, the City Council enacted Ordinance No. 6185 on May 21, 2019 to prohibit the purchase of
most Expanded Polystyrene (EPS) Foam products (especially single -use plates, bowls and cups) by all City
Departments; and
WHEREAS, the City Council passed Resolution No. 134-19 on June 4, 2019 expressing its intention to
regulate EPS single -use plates, bowls, cups, etc.; and
WHEREAS, City staff has worked with the Environmental Action Committee and Council Member Teresa
Turk to come up with a proposed ban of most single -use Expanded (EPS) Foam products including plates,
bowls, clamshells, cups, etc. provided to customers by restaurants, hotels, grocery stores with delis or food
bars, convenience stores, coffee, tea or donut shops, caterers, or other ready -to -eat food providers.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 114.10 into the
Fayetteville Code as follows:
"114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells,
Cups and Similar Products.
(A) Purpose.
Expanded Polystyrene (EPS) Foam single -use products break down in the environment into tiny pieces
which become virtually impossible pickup or clean from the environment and travel through the air and
water causing worldwide pollution, damage to the environment and health risks to many living things.
The City Council has determined it is vital to our citizen's health and especially to our water supply of
City of Fayetteville, Arkansas Paye 1 Printed on 11/8/2019
File Number: 2019-0647
Beaver Lake that the amount of EPS that can escape into our environment should be reduced as much
as possible. Furthermore, there are many other products that can be reused, recycled or composted
which are readily available at a reasonable cost that can substitute for EPS Foam products.
(B) Benefits for Fayetteville Citizens.
Substantial reduction in the use of EPS single -use products will substantially reduce unsightly and
unhealthful litter and the taxpayers' expense of cleaning up such litter as much as possible. Keeping as
much EPS out of Beaver Lake as possible will ensure better and more healthy water quality with less
expense for the Beaver Water District to attempt to remove EPS from our drinking water. Switching to
reusable, recyclable or compostable products will reduce the volumes required to be landfilled, the cost
of disposal and the life of current landfills.
(C) Application.
These regulations shall apply to restaurants; hotels; grocery stores with delis or food bars; cafeterias;
convenience stores; coffee, tea and donut shops; caterers; and any other prepared, ready -to -eat food
or drink providers.
(D) Prohibited Use of Expanded Polystyrene Foam Single -Use Products.
No single -use Expanded Polystyrene Foam product including plates, bowls, clamshells, cups, and
similar products may be provided by any restaurant, hotel, grocery store for its deli or food bar,
cafeteria, convenience store, coffee, tea or donut shop, caterer or other prepared, ready -to -eat food or
drink provider.
(E) Exemption.
The Mayor may grant temporary exemption from this prohibition if necessitated by an emergency, a
public health and safety need or medical necessity. The City Council may grant a permanent exemption
by amending this code section.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance
shall not go into effect until May 1, 2020 to allow current users of EPS foam products to be able to use up their
inventory and purchase cost effective substitute products.
City o/Fayetteville, Arkansas Page 2 Printed on 111612019
Legistar ID No.: 2019 -
AGENDA REQUEST FORM
FOR: Council Meeting of October 15, 2019
FROM: Mayor Lioneld Jordan and Council Member Teresa Turk
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO ENACT §114.10 REGULATION OF EXPANDED
POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS,
CUPS, AND SIMILAR PRODUCTS
R AGLNDA:
Jordan
t�
Council Member Teresa Turk
City Attorney Kit Williams
Approved as to form
Date
Leif Olson
Submitted By
City of Fayetteville Staff Review Form
2019-0647
Legistar File ID
10/15/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/25/2019 SUSTAINABILITY/RESILIENCE (631)
Submitted Date Division / Department
Action Recommendation:
Adoption of an ordinance prohibiting the use of Expanded Polystyrene Foam single -use plates, bowls, clamshells,
cups and similar products.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution # 139-19
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 15, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Peter Nierengarten, Director of Sustainability
FROM: Leif Olson, Long Range Planner
DATE: September 25, 2019
CITY COUNCIL MEMO
SUBJECT: Ordinance to Regulate Expanded Polystyrene (EPS) Foam Single -Use
Plates, Bowls, Clamshells, Cups and Similar Products
RECOMMENDATION:
Staff recommends approval of an ordinance that would prohibit the use of single -use expanded
polystyrene foam, commonly referred to as Styrofoam`m, products including plates, bowls,
clamshells, cups or similar products from being provided by any restaurant, hotel, grocery store
deli or food bar, cafeteria, convenience store, coffee, tea or donut shop, caterer or other
prepared, ready -to -eat food or drink provider.
BACKGROUND:
Polystyrene is a form of plastic derived from fossil fuels. Polystyrene can be rigid or foamed.
Polystyrene can be used to make a variety of products such as compact disc jewel cases,
disposable cutlery or foam food service take-out containers and cups. Expanded Polystyrene
(EPS) is most commonly used for food take-out containers and beverage cups due to its ability
to maintain heat and cold and its low cost per unit.
EPS is one of the lightest materials found in our waste stream, so analysis by weight often
underrepresent its presence in the waste stream. Nevertheless, a 2015 Waste Composition
Study conducted by Kessler Consulting for the City of Fayetteville found that EPS makes up
1.5% (by weight) of the total waste stream. That same study found that EPS makes up 1.7% of
Fayetteville's roadside litter stream and as much as 5% of the litter collected at Lake
Fayetteville. Similarly, a 2014 Town Branch waste audit found that EPS was second only to
plastic for the litter collected.
EPS is also very difficult to effectively recycle for a variety of reasons, primarily:
• EPS has very little weight but substantial volume making it expensive to transport,
• High rates of contamination, primarily from food, make it less desirable for re -use than
raw materials, and
• An EPS recycling commodity market does not exist, and in any case, would be a loss-
making proposition due to high collection and transportation costs.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
The City Council enacted Ordinance No. 6185 on May 21, 2019 to prohibit the purchase of
single -use expanded polystyrene foam food and drink containers by all City Departments and
on all City property. Further, the City Council passed Resolution No. 139-19 on June 4, 2019
expressing its intention to regulate EPS single -use plates, bowls, clamshells, cups, etc. from
being used by food providers in the city.
City staff developed an on-line resident and a business survey to gauge community interest in
pursuing regulations regarding single -use plastics such as EPS to -go containers that was open
for community input from July 7th through August 22nd. The survey was located on the Speakup
Fayetteville website and it was distributed through various on-line and traditional means
including; business license email contacts, digital media, print media, television, radio and word
of mouth. The resident and visitor survey had over 2,000 responses and the business survey
had over 150.
City staff has worked with the Environmental Action Committee, Council Member Turk, and the
City Attorney's office to develop an EPS ordinance. The Environmental Action Committee voted
unanimously at its August 19, 2019 meeting to support the development and adoption of an
ordinance prohibiting the use of EPS by food service providers in the City of Fayetteville.
BUDGET/STAFF IMPACT:
None
Attachments:
Resolution No. 139-19
City of Fayetteville Expanded Polystyrene Policy Analysis
Of fAYErrf
r
9RKAN5t5
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 139-19
File Number: 2019-0123
PLASTIC SHOPPING BAGS AND EPS UTENSILS REGULATION STUDY:
A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL TO CONSIDER
REGULATION OF SINGLE USE PLASTIC SHOPPING BAGS AND DIFFICULT TO RECYCLE OR
COMPOST SINGLE USE PLATES, BOWLS, CUPS AND UTENSILS
WHEREAS, the widespread use of difficult to recycle or compost single use plates, bowls, cups and
utensils has caused substantial litter and trash problem costly to our citizens, our tax payers, our city
and our environment; and
WHEREAS, single use merchandise bags and sacks have caused significant litter and trash problems
for Fayetteville, its citizens, taxpayers and environment; and
WHEREAS, the City Council would like to consider the extent and cost of these problems, potential
cost-effective substitutes and other remedies and to consult with businesses currently using these articles
to listen and respond to their issues and reasonable timing if phase out of these products is warranted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expressly its intention to
consider regulation of several kinds of merchandise bags and sacks and difficult to recycle or compost
single use plates, bowls, cups, utensils, etc.
Section 2: That the City Council of the City of Fayetteville, Arkansas requests that Mayor Jordan utilize
appropriate City Staff to work with the Environmental Action Committee and others to research these
issues, to reach out and consult with current business users of these products, to locate potential
Page f Printed on 615119
R-e4oAJA,�' /3q -/q
File Number 2019-0123
cost effective replacements for these products and to examine successful programs in other cities and
counties to help allieve the single use litter problem.
PASSED and APPROVED on 6/4/2019
Attest:
Sondra E. Smith, City Clerk Trea ' K'I`T �I
FA YET
z'
; to N „�;
Page 2 Printed on 615119
��.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
/ Text File
y:
- File Number: 2019-0123
Agenda Date: 6/4/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C 2
PLASTIC SHOPPING BAGS AND EPS UTENSILS REGULATION STUDY:
A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL TO CONSIDER
REGULATION OF SINGLE USE PLASTIC SHOPPING BAGS AND DIFFICULT TO RECYCLE OR
COMPOST SINGLE USE PLATES, BOWLS, CUPS AND UTENSILS
WHEREAS, the widespread use of difficult to recycle or compost single use plates, bowls, cups and utensils
has caused substantial litter and trash problem costly to our citizens, our tax payers, our city and our
environment; and
WHEREAS, single use merchandise bags and sacks have caused significant litter and trash problems for
Fayetteville, its citizens, taxpayers and environment; and
WHEREAS, the City Council would like to consider the extent and cost of these problems, potential
cost-effective substitutes and other remedies and to consult with businesses currently using these articles to
listen and respond to their issues and reasonable timing if phase out of these products is warranted.
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expressly its intention to consider
regulation of several kinds of merchandise bags and sacks and difficult to recycle or compost single use plates,
bowls, cups, utensils, etc.
Section 2: That the City Council of the City of Fayetteville, Arkansas requests that Mayor Jordan utilize
appropriate City Staff to work with the Environmental Action Committee and others to research these issues, to
reach out and consult with current business users of these products, to locate potential cost effective
replacements for these products and to examine successful programs in other cities and counties to help allieve
the single use litter problem.
City of Fayetteville, Arkansas page 1 Printed on 6/5/2019
Legistar ID No.: 2019-0123
AGENDA REQUEST FORM
FOR: Council Meeting of June 4, 2019
FROM. Council Member Teresa. Turk
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL TO
CONSIDER REGULATION OF SINGLE USE PLASTIC BAGS AND DIFFICULT TO
RECYCLE OR COMPOST SINGLE USE PLATES, BOWLS, CUPS AND UTENSILS
APPROVED FOR AGENDA:
Council Member Teresa Turk
City Attorney Kit Williams
Approved as to form
Date
Date
RESOLUTION NO.
A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL TO CONSIDER
REGULATION OF SINGLE USE PLASTIC SHOPPING BAGS AND DIFFICULT TO
RECYCLE OR COMPOST SINGLE USE PLATES, BOWLS, CUPS AND UTENSILS
WHEREAS, the widespread use of difficult to recycle or compost single use plates, bowls, cups
and utensils has caused substantial litter and trash problem costly to our citizens, our tax payers,
our city and our environment; and
WHEREAS, single use plastic shopping bags have caused significant litter and trash problems for
Fayetteville, its citizens, taxpayers and environment; and
WHEREAS, the City Council would like to be informed of the extent and cost of these�.problems,
potential cost-effective substitutes and other remedies;
WHEREAS, the City Council would like City staff and members of the Environmental Action
Committee to consult with businesses currently using these articles to listen and respond to their.
issues and reasonable timing if phase out of these products is warranted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expressly its
intention to consider regulation of single use plastic shopping bags. and difficult to recycle or
compost single use plates, bowls, cups, utensils, etc.
Section 2` That the City Council of the City of Fayetteville, Arkansas requests that Mayor Jordan
utilize appropriate City Staff to work with the Environmental Action. Committee and others to
research these issues, to reach out and consult with current business users of these products, to
locate potential cost effective replacements for these products and to examine successful programs
in other cities and counties in order to help reduce Fayetteville's single use bag, container and
utensil litter problem.
PASSED and APPROVED this 4"' day of June, 2019.
APPROVED: ATTEST:
0
LIONELD JORDAN, Mayor
M
SONDRA E. SMITH, City Clerk/Treasurer
To the Mayor and the members of the City Council:
I encourage the Council to undertake serious research on the possibility of limiting or
prohibiting certain plastics from the city. This is an important and complicated issue. The
Demozette editorial of May 12 is already expressing some nervousness about this issue:
"Once someone starts talking about a stronger ban, one that goes beyond city
government and starts interfering with what private companies or individuals do, that is,
or should be, the kind of sweeping change that deserves research and careful
deliberation."
To secure wide agreement with a strong ban, we should demonstrate the effectiveness
other cities have achieved. We are all prone to put environmental considerations behind
economic, ignoring the long-term economic effects of polluted water, soil, and air. We are
presently the captives of a distribution system based on plastic packaging for almost everything
we buy; changing that will be a long-drawn-out affair. But all the more reason for starting to
study these issues now. The public must agree that a ban on plastics is worth whatever
inconvenience might be required. To encourage the public, Sen. Cotton might be invited to give
a speech about sacrifice and heroism.
Meanwhile, this citizen urges you to study the issue thoroughly and determine just what it
would take for the City to demonstrate its environmental sensitivity by moving toward a plastics -
free place.
Thanks to you all for your service to the community.
CityClerk
From:
Williams, Kit
Sent:
Monday, June 03, 2019 4:42 PM
To:
Turk, Teresa; Mayor, CityClerk
Cc:
Jordan, Lioneld
Subject:
RE: Consent Agenda Item #7
Categories: FYI
Any Council Member may individually remove any item from the Consent Agenda at the start of the meeting. It will
then be heard as New Business at the meeting. Thanks for the heads -up as the City Staff member responsible forthis
item will know that they need to be present and ready to explain the item.
From: Turk, Teresa
Sent: Monday, June 03, 20191:57 PM
To: Mayor <Mayor@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>; Williams, Kit
<kwillia ms@fayetteville-a r.gov>
Subject: Consent Agenda Item #7
Hi All,
I have had a request from a citizen in my ward to move Item #7 under the consent agenda to the regular "New
Business" agenda. If it is too late to make this change, when is the cut off? I think there is at least one citizen
that would like to comment on this item.
Thanks in advance for your assistance,
Teresa
CITY OF
FAYETTEVILLE
ARKANSAS
Expanded Polystyrene (Styrofoam) Policy Analysis
August 2019
Background
Polystyrene is a polymer made from the monomer styrene that binds with other monomers to form
repeating chain molecules through a process known as polymerization. Polystyrene is identified by its
resin identification code #6. Polystyrene can be produced in a solid form, extruded or molded, or a in
foamed form. Extruded polystyrene is used to make a smooth packaging material commonly used for
trays for meat, poultry, fish, deli items, egg cartons, etc. Molded polystyrene is used to make disposable
cups, cutlery, and containers for deli and salad bars, dairy products, etc. Expanded polystyrene (EPS),
commonly referred to as Styrofoam, has a small bead-like form and is used to make take-out food
containers such as: cups, plates, hinged -lid clamshells, bowls, etc. Styrofoam has become ubiquitous due
to its low cost, insulating properties, durability and lightweight nature.
Policy Options and Approach
Polystyrene regulations are increasingly being implemented by cities across the country to reduce the
amount of Styrofoam pollution in their local environments. Peer cities that deal with this issue almost
universally ban the use of polystyrene to -go containers in restaurants, food service and convenience
stores that sell food and drinks to -go. A small number of cities and states, such as Rockport, Maine, have
also adopted ordinances that prohibit the sale of polystyrene picnic supplies at retail stores for personal
use.
Staff assessed the following options for addressing single -use polystyrene to -go containers:
• Option 1 -Status Quo. No regulations adopted.
• Option 2 — Polystyrene Food Service Ban. All restaurants and food service businesses prohibited
from using polystyrene to -go containers and cups.
• Option 3 — Polystyrene Food Service and Retailer Ban. All restaurants, food services and retailers
prohibited from using/selling polystyrene to -go containers, cups, and picnic supplies.
The status quo option is included because as the community continues to grow and add population the
pollution from polystyrene entering our natural waterways will continue to increase. Option 2, the ban
on polystyrene to -go containers is the most common form of polystyrene used by peer cities across the
country. Option 3 — banning polystyrene from restaurants and retail establishments is more
comprehensive, however, it has been implemented in fewer peer cities.
The Problem with Styrofoam in Fayetteville
Environmental, Economic and Equity Considerations: The City spends significant resources and
community volunteer hours cleaning up litter, primarily in our urban stream corridors. A large amount of
this litter is plastic and Styrofoam. A 2014 Town Branch waste audit found that Styrofoam was second
only to plastic for the litter collected.' Because Styrofoam is light and buoyant it commonly gets blown
out of vehicles or trash containers to escape into the environment where it is washed into our urban
waterways to break into smaller and smaller pieces. Styrofoam's buoyancy, breakable small bead-like
form, and polymer resin base that will never decompose, combine to make this material especially
damaging to the environment: wildlife can consume the small pieces mistaking them for food, tourism
can be negatively impacted by highly visible litter in waterways and lakes, and the cost to clean-up this
material up once it is out in the environment is substantial and not especially cost or capture effective.
Recycling Considerations: The other significant challenge with Styrofoam in the community is that it is
extremely hard to recycle. Styrofoam is generally not recycled either here or across the country. This is
due to several factors, primarily:
• Styrofoam has very little weight but substantial volume making it expensive to transport,
• High rates of contamination, primarily from food, which make it less desirable for re -use than
raw material, and the fact that
• A Styrofoam recycling commodity market does not exist, and in any case, would be a loss-
making proposition due to high collection and transportation costs.
Per the Environmental Protection Agency 80% of Styrofoam ends up in landfills with much of the
remaining 20% finding its way into waterways .2
Litter Abatement Costs
The City of Fayetteville and concerned community volunteers spend a significant amount of time picking
up litter from along city streets, trails, parks and streams. The City's Recycling and Trash Division works
with Keep America Beautiful to utilize volunteers for litter clean-up events, primarily along city streets.
Keep America Beautiful places a volunteer labor value of $21.36/hour. In the last four years the
volunteer labor used to pick up litter from city streets and rights-of-way amounted to 8,458 hours for an
estimated dollar value of $180,674.
The Parks and Recreation Department also uses volunteers to pick up litter in the City's parklands, along
trail corridors and from our urban streams. Data from Parks and Recreation indicates that over the time -
period of 2015-2018 there were a total of 22,290 hours of volunteer labor estimated at a value of
$545,971. Combined, the volunteer labor used to pick up litter from City rights-of-way, parks, trails and
streams over the last four years (2015-2018) is the equivalent of $726,645.
Costs of Alternative Materials
The costs of alternative materials are higher than polystyrene containers. The cost difference will vary
depending upon multiple variables such as; material type, container type, where the business sources its
materials and the volume of containers purchased. Typically, the smaller the business, or the fewer
polystyrene containers a business uses, the higher the cost to transition to alternative material
containers. Many large chain businesses have already transitioned away from polystyrene containers to
other materials and may not be as directly impacted because they have already accounted for this cost.
To aid businesses many cities provide lists of local suppliers that offer alternatives to polystyrene. Some
cities have also established purchasing co-ops to help small businesses purchase alternative containers
in bulk.
Staff researched the costs of common single -use to -go containers from popular websites to determine
the price difference small businesses could expect if they purchase their products from similar on-line
retailers. The following chart illustrates these cost differences:
Product
Polystyrene
Cost/Unit
PET Plastic
Cost/Unit
Paper-
Cardboard/Unit
Compostable
/Unit
Vendor
9" Plate
0.05
0.25
0.11
0.10
Sam's
12 Oz. Bowl
0.03
N/A
0.06
0.10
Sam's
16 Oz. Cup
0.04
0.08
0.08
0.06
Sam's
To -Go One
Compartment
0.09
0.17
0.17
0.17
Sam's
Spoon
N/A
0.02
N/A
0.04
Sam's
Fork
N/A
0.02
N/A
0.04
Sam's
Knife
N/A
0.02
N/A
0.04
Sam's
9" Plate
0.03
0.20
0.02
0.08
Webstaurant
12 Oz. Bowl
0.03
0.06
0.10
0.05
Webstaurant
16 Oz. Cup
0.05
0.05
0.04
0.06
Webstaurant
To -Go One
Compartment
0.08
0.16
0.20
0.18
Webstaurant
Spoon
N/A
0.02
N/A
0.04
Webstaurant
Fork
N/A
0.02
N/A
0.04
Webstaurant
Knife
N/A
0.02
N/A
0.04
Webstaurant
Policy Options Matrix
* Depending on the container material selected lifecycle costs will vary
Policy Option 1 — Status quo
This policy option maintains the current condition with no changes. The status quo option would see
accelerating environmental degradation due to increasing population. There is no additional impact on
businesses or city government.
Policy Option 2 — Polystyrene Food Service Bon.
All restaurants and food service businesses prohibited from using polystyrene to -go containers and cups.
This would have very positive impacts on the environment because it would eliminate the number one
source of polystyrene getting into the natural environment. The lifecycle costs for alternative containers
may or may not have a reduced total impact depending on the containers materiality and how it is
disposed of. However, it is generally accepted that the materiality of any container that gets into the
environment and the communities waterways is preferable over polystyrene containers.
A polystyrene ban would require a significant education and outreach initiative to both the food service
providers and the residents in order to be successful. Residents need to understand the negative
environmental and life cycle impacts that Styrofoam possesses, and food service providers would need
to identify and source alternative containers. Polystyrene bans are usually set-up to be implemented
after a sufficient amount of time has lapsed for food service providers to exhaust any remaining
polystyrene stock and the public is aware that this change is happening, typically 6 months to a year.
The economic impact will be felt by the food service providers that will be required to switch to costlier,
albeit more environmentally friendly options. This will ultimately be reflected in an increased cost
passed on to consumers. People that are economically disadvantaged will necessarily be impacted to a
greater extent.
Polystyrene bans are being challenged in numerous other States over issues of constitutionality and
individual state laws. Notably, a New York State court upheld New York City's polystyrene ban in June of
2018, while the Florida Supreme Court found Coral Gables polystyrene ban in violation of State Statutes
in August of 2019. The City Attorney's office will provide counsel regarding any real or perceived legal
exposure for instituting a food service provider polystyrene ban.
Policy Option 3: Polystyrene Food Service and Retail Ban.
This policy option would have the same implications as Option 2 but would also include the prohibition
of the sale of polystyrene plates, cups and bowls at retail stores. This option would be environmentally
very positive because it would eliminate an additional source of Styrofoam pollution in the community.
Implementation of the policy would require education and outreach to residents and business owners
which would bring additional awareness to the environmental impacts of Styrofoam. Operationally and
financially this policy option would have no impact on the City's resources, however, an enforcement
mechanism and process would need to be developed to ensure compliance.
There will be and adverse economic impact on retailers and food service providers as they are required
to switch to costlier alternatives. The equity impact will be similar to Policy Option 2 with economically
disadvantaged populations negatively impacted through increased consumer costs.
The City Attorney's office will provide counsel regarding any real, or perceived, legal exposure for
instituting a retail and food service provider ban on polystyrene to -go containers.
Single -Use Plastics Survey Results
The City developed an online residential survey and a business survey to gauge the communities interest
in pursuing plastic bag and/or Styrofoam legislation. The survey was located on the Speakup Fayetteville
website and it was distributed through various on-line and traditional means including; business license
email contacts, digital media, print media, television, radio and word of mouth. The Resident and Visitor
Survey had 2,167 responses with and the Business Survey had 154 responses. Both surveys went live on
July 7`' and were closed on August 22nd
Results from the City's Residential Single -Use Plastic survey indicates that 74 % of respondents support a
ban on polystyrene to -go containers. Because this survey was only available online and primarily opened
during the summer months it may not be representative of the community's overall support.
Operationally and financially this policy option would have a limited impact on the City's budget. An
enforcement mechanism would need to be developed and implemented to ensure compliance. This cost
is identified but unknown.
The Business Survey was also advertised through various on-line and traditional media sources.
Additionally, a link was sent by email from the City's Business License Registry to over 400 retailers that
could be potentially impacted by a SUPB ordinance, and 600 restaurants that could be impacted by a
ban on Styrofoam to -go containers.
Some of the take-aways from the business survey include:
• Restaurants, convenience stores and grocery stores made up 43% of the businesses that
responded to the survey.
0 43% of businesses responding offered to -go containers for food and beverage take-out.
• When asked what types of materials their businesses to -go containers were made of? - 79% said
plastic, 68% paper, 44% Styrofoam, 37% waxed paper, 30% compostable, and 25% aluminum
foil.
• When asked what the barriers are for switching to compostable or recyclable to -go containers? -
65% said concerns about compostable/recyclable containers may cost too much, 35% said that
compostable/recyclable containers would not work for their food/drink products, 11% said they
were not sure where to purchase compostable/recyclable containers, 24% said that they would
need to switch suppliers to purchase compostable/recyclable products, and 25% said that they
had already switched to compostable/recyclable containers.
• When asked what programs or policies that their business would support in reducing litter and
waste from single -use plastics and Styrofoam? — 64% said that they would support providing
educational materials and resources to businesses on where they can purchase cost-effective
compostable/recyclable products, 54% supported banning polystyrene/Styrofoam, 42% support
banning single -use plastic straws, and 28% answered other.
Recommendation
The Keep Fayetteville Beautiful Committee met on August 15, 2019 to discuss the City Council's proposal
to look at policy options for single -use plastic bags and Styrofoam. Following the discussion, the
Committee members voted unanimously to support the City Councils development of ordinances that
would regulate single -use plastics in the city. Staff also presented this analysis to the Environmental
Action Committee on Monday August 19, 2019. The Environmental Action Committee unanimously
recommended the development and adoption an ordinance that would implement Policy Option 2 —
Polystyrene Food Service Ban.
Bibliography
1. httos://www.beaverwatershedalliance.ore/r)df/Town-Branch-Cleanup-Survev-and-Audit-Rer)ort.r)df
2. h_ttps://www.epa.gov/sites/production/files/2018-
07/documents/2015 smm msw factsheet 07242018 fnl 508 002.pdf
NORTHWEST ARKANSAS RECEIVED
Democrat 0ant(c 140v 19 2019
(CITY Qr�Ka71 E__ 4
EYIt -
Rc C.l r�iQ
AFFIDAVIT OF PUBLICATION
I, Cathy Staggs, do solemnly swear that I am the Accounting Manager for the Northwest Arkansas
Democrat- Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference to the files of said publication, the
advertisement of:
CITY OF FAYETTEVILLE
Ord. 6250
Was inserted in the Regular Edition on:
November 14, 2019
Publication Charges $ 234.00
M44V'15,qA<�
Cathy Sta t
1�j)
Subscribed and sworn to before me
This I S day of KC)V, 2019.
(6, uj,&
Notary Public
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
a
My Commission Expires Feb 20, 2024,
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6250
File Number: 2019-0647
ENACT §114.10 REGULATION OF
EXPANDED POLYSTYRENE (EPS)
FOAM SINGLE -USE PLATES,
BOWLS, CLAMSHELLS, CUPS, AND
SIMILAR PRODUCTS:
AN ORDINANCE TO ENACT §114.10
REGULATION OF EXPANDED
POLYSTYRENE (EPS) FOAM
SINGLE -USE PLATES, BOWLS,
CLAMSHELLS, CUPS, AND
SIMILAR PRODUCTS
WHEREAS, the City Council enacted
Ordinance No. 6185 on May 21, 2019 to
prohibit the purchase of most Expanded
Polystyrene (EPS) Foam products
(especially single -use plates, bowls and
cups) by all City Departments; and
WHEREAS, the City Council passed
Resolution No. 134-19 on June 4, 2019
expressing its intention to regulate EPS
single -use plates, bowls, cups, etc.; and
WHEREAS, City staff has worked with
the Environmental Action Committee
and Council Member Teresa Turk to
come up with a proposed ban of most
single -use Expanded (EPS) Foam
products including plates, bowls,
clamshells, cups, etc. provided to
customers by restaurants, hotels, grocery
stores with delis or food bars,
convenience stores, coffee, tea or donut
shops, caterers, or other ready -to -eat
food providers.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
enacts §114.10 into the
Fayetteville Code as follows:
"114.10 Regulation of
Expanded Polystyrene
(EPS) Foam
Single -Use Plates,
Bowls, Clamshells, Cups
and Similar Products.
(A) Purpose.
Expanded Polystyrene (EPS) Foam
single -use products break down in the
environment into tiny pieces which
become virtually impossible pickup or
clean from the environment and travel
through the air and water causing
worldwide pollution, damage to the
environment and health risks to many
living things. The City Council has
determined it is vital to our citizen's
health and especially to our water supply
of Beaver Lake that the amount of EPS
that can escape into our environment
should be reduced as much as possible.
Furthermore, there are many other
products that can be reused, recycled or
composted which are readily available at
a reasonable cost that can substitute for
EPS Foam products.
(B) Benefits for Fayetteville
Citizens.
Substantial reduction in the use of EPS
single -use products will substantially
reduce unsightly and unhealthful litter
and the taxpayers' expense of cleaning up
such litter as much as possible. Keeping
as much EPS out of Beaver Lake as
possible will ensure better and more
healthy water quality with less expense
for the Beaver Water District to attempt
to remove EPS from our drinking water.
Switching to reusable, recyclable or
compostable products will reduce the
volumes required to be landfilled, the cost
of disposal and the life of current
landfills.
(C) Application.
These regulations shall apply to
restaurants; hotels; grocery stores with
delis or food bars; cafeterias; convenience
stores, coffee, tea and donut shops;
caterers; and any other prepared, ready -
to -eat food or drink providers.
(D) Prohibited Use of Expanded
Polystyrene Foam Single -Use Products.
No single -use Expanded Polystyrene
Foam product including plates, bowls,
clamshells, cups, and similar products
may be provided by any restaurant, hotel,
grocery store for its deli or food bar,
cafeteria, convenience store, coffee, tea or
donut shop, caterer or other prepared,
ready -to -eat food or drink provider.
(E) Exemption.
The Mayor may grant temporary
exemption from this prohibition if
necessitated by an emergency, a public
health and safety need or medical
necessity. The City Council may grant a
permanent exemption by amending this
code section.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
determines that this
ordinance shall not go into effect until
May 1, 2020 to allow current users of
EPS foam products to be able to use up
their inventory and purchase cost
effective substitute products.
PASSED and APPROVED on 1 ]/5/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
75148989 Nov. 14, 2019