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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 o <'9`rG'� .U: �'�Z PIZ : FAYETT VILLE:�u=_ J. Lisa Branson, Deputy CifgANS i / ...... 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