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HomeMy WebLinkAboutAGENDA REPORT 2008 0820 CC REG ITEM 09AMOORPARK CITY COUNCIL AGENDA REPORT rrEM 9. A. 0004000� CI'T'Y OF MOORPARK, CALIFORNIA City Council Meeting ACTION: of tom` d_ A.Zat7 A BY: TO: The Honorable City Council FROM: Jennifer Mellon, Senior Management Analy DATE: August 1, 2008 (CC meeting of August 20, 2008) SUBJECT: Consider a Ban on Plastic Bags DISCUSSION Councilmember Millhouse requested information regarding plastic bag bans enacted by other jurisdictions as well as background information regarding environmental impacts of plastic and paper bags. Several California cities have adopted plastic bag bans or have had discussions regarding banning their usage in the future. Attachment 1 is a summary of jurisdictions that have adopted ordinances or discussed plastic bag bans including the cities of Manhattan Beach, Malibu, Santa Monica, San Francisco, Oakland, and Los Angeles. Many of the cited jurisdictions reside on waterways or adjacent to the ocean and stated pollution of waterways and hazards to marine wildlife as reasons why they implemented a ban. The cities of San Francisco and Oakland are the only two jurisdictions who have enforcement written into their ordinances. Some have banned all plastic carry-out bags while others ban only non - compostable bags. San Francisco's ordinance also addresses paper bags; requiring 40% recycled content. Attachment 1 also outlines current legislation, AB 2058, which is the single -use plastic bag reduction bill. The bill mandates that on July 11, 2011, stores must show a 70% reduction in their use of plastic bags or charge customers a $.25 fee per bag. It is unclear how, or whom, would enforce the policy if the bill is passed. Numerous factors should be considered when analyzing paper bag versus plastic bag usage. In March, 2008, use - less - stuff.com ( "ULS ") issued an updated "Review of Life Cycle Data Relating to Disposable, Compostable, Biodegradable, and Reusable Grocery Bags ". Staff has summarized the information gathered from this report and other data gathered from sources including other jurisdictional staff reports, journals, and publications. All data has been cross checked for accuracy and has been accumulated within the past two years. Consumption Americans consume 10 billion paper bags each year; some 14 million trees are cut down annually for paper bag production. The U.S. uses 100 billion plastic bags annually, made S: \Community Services\ADMINISTRATIVE \CC Reports\2008 \8 -20 -08 (Plastic Bag Ban Discussion Item).doc 0 c r Q ZI Honorable City Council August 20, 2008 Page 2 from an estimated 12 billion barrels of oil. Four out of five grocery bags used in this country are plastic; however it is estimated that approximately 3 times more product will be put in a paper grocery bag than a plastic one and more consumers are likely to re -use paper bags at least once. Biodegradation / Compostability Paper bags are biodegradable; however, research shows that in modern landfills, paper does not degrade rapidly due to lack of water, light, oxygen, and other elements. Most plastic is not biodegradable (even biodegradable plastics vary in biodegradability); however, biodegradable plastic must be sent to industrial or food composting facilities to biodegrade appropriately (there are 16 facilities in California). Energy and Resource Consumption It is estimated that it takes more than four times the energy to produce a paper bag than a plastic one (594 BTUs to produce a plastic bag, 2,511 BTUs to produce a paper bag) and much less water (takes 58 gallons of water to produce 1500 plastic bags and 1506 gallons to produce 1500 paper bags). Litter .Component Both paper and plastic end up in landfills. Plastic bags end up as litter that pollutes our water systems and oceans and are seen more often as litter; however, the environmental impacts that paper and biodegradable bags create should be considered. Staff concludes that neither paper nor plastic bags are environmentally friendly and the issue is not about just paper bags or just plastic bags; both of which are recyclable in Moorpark (until recently plastic bags were not accepted by haulers as recyclable material in Moorpark). The real focus should reside upon (1) finding ways to reduce use of all types of paper and plastic one -time use, carryout bags; (2) using reusable bags whenever possible and reusing all bags as many times as possible; and (3) properly recycling bags that are disposed of. FISCAL IMPACT There will be no foreseen budgetary impact other than staff time involved in research, outreach, or education based upon Council direction. STAFF RECOMMENDATION Direct staff as deemed appropriate. Attachment 1 — Matrix of Plastic Bag Bans and California Legislation 0 6110 Plastic Bag Bans in California Jurisdiction Summary Status Implemented Stated Reason for Ban - Synopsis Bag Fees Enforcement - Synopsis City of Prohibits use of Plastic Carry-out Bags in Passed, Ordinance Ban effects grocery stores, food vendors, As a coastal city, Manhattan Beach has an None None outlined in ordinance. Manhattan Manhattan Beach. Ordinance bans all point -of -sale Introduced 7/1/08 restaurants, pharmacies, and City facilities six interest in protecting the marine environment. Beach plastic carry-out bags (compostable and non- months after ordinance is adopted and all other Plastic and paper bags have negative impacts on compostable) within the City of Manhattan Beach. retail establishments and vendors 1 year after the environment; plastic bags are non - ordinance is adopted. biodegradable and find their way into the marine environment. City of Malibu Banned all point -of -sale, non - compostable plastic Ordinance adopted Ban will take effect for grocery stores, food Litter and negative environmental impacts. They None None outlined in ordinance. bags at all retail establishments. 5/12/08 vendors, restaurants, pharmacies, and City pollute local creeks, ocean, and storm drain Facilities in December 2008, all remaining retail systems; entangle in landscaping; litter parks; establishments, vendors, and non - profits in June and are unsightly along roads' rights -of -way. 2009. City of Santa Proposed a ban on distribution of free plastic Pending - Council directed City Attorney to draft an Negative environmental impacts. Possible Unknown Monica (compostable and non - compostable) bags by all Discussed at ordinance banning free distribution of single use fee for retail establishments. Council Meeting on plastic (including biodegradable plastic) carry-out Paper 2/26/08 bags in Santa Monica. Staff directed to return Bags with additional information on paper bag fees. City of San Banned non - compostable plastic bags. Ordinance Effective 4/20/07 Large supermarkets, November 2007; Not Stated None If convicted of an infraction for violation entity shall be Francisco also requires paper bags have 40% recycled Pharmacies, May 2008. punished by (1) a fine not exceeding $100 for the first content. Applies to full -line, self - service violation (2) a fine not exceeding $200 for a second supermarkets with sales of $2 million or more violation within the same year, and (3) a fine not and /or a retail pharmacy with at least 5 locations exceeding $500 for each additional violation within the under the same ownership within the geographical same year. Administrative Penalties can be levied if City limits of San Francisco. adopts administrative policy. City Attorney may seek relief to enforce the Ordinance in an amount not exceeding $200 for 1 st violation, not exceeding $400 for 2nd violation, and $600 for each subsequent violation in any given year. City of Bans all affected retail establishments, excluding Ordinance adopted Marine Debris, Coastal Pollution, Harmful to None If convicted of public nuisance for violation entity shall be Oakland restaurants, located within the geographical limits of 7/17/07 is being marine ecosystems, punished by (1) a fine not exceeding $100 for the first the City of Oakland with gross annual sales of $1 challenged on violation (2) a fine not exceeding $200 for a second million or more. from providing non - compostable CEQA grounds. violation within the same year, and (3) a fine not plastic carry-out bags to their customers at the point exceeding $500 for each additional violation within the of sale. same year. City attorney may seek legal, injunctive, or other equitable relief to enforce ordinance. City of Los Adopt a Citywide policy banning the use of plastic Effective 1/22/08 Will be implemented January 1, 2012 Energy and Environment Committee brought None Unknown Angeles carry-out bags at all supermarkets and retail forth the report. establishments beginning January 1, 2012, if a fee has not been established at that time; and imposing a point of sale fee on all other single -use bags, such as paper or compostable bags, if a fee or tax for their use has not been adopted by that date. Legislation AB 2449 Mandates stores with over 10,000 sq feet or gross Effective7 /1/07 annual sales of $2 million or more provide drop -off recycling services for grocery and merchandise bags. A City may impose a Civil Liability but the bill prohibits local governments from imposing a fee on distribution of plastic carryout bags, AB 2058 Single -use plastic and paper bag reduction bill. On Active, Hearing or after July 11, 2011, prohibits stores from Date 8/4/08 providing free plastic carryout bags to customers unless the store cuts use of plastic by 70% or charge customers a $.25 fee per bag. Also, repeals local preemption on fees (AB 2449). Collected fees must be spent only on plastic bag litter reduction, clean -up, and prevention, Would apply to supermarkets or retail establishments of over 10,000 square feet and generates sales tax and has a pharmacy. -- r PI'EM q_ A American August 1 4, 2008 Hon. Patrick Hunter Mayor, City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Policy Recommendations Regarding Plastic Bags Dear Mayor Hunter: � If­mh gFue�,I XE-U 01" MOO'R? cv� oV On behalf of the Progressive Bag Affiliates of the American Chemistry Council (ACC), I am writing to comment on any proposed "plastic bag reduction" ordinance. Though we support the city council's goal of reducing litter, we believe that the most environmentally responsible solution to addressi plastic hag litter and disposal is a comprehensive program aimed at 111g recycling plastic bags so that they may be used in the production of other products, such as new bags, pallets, containers, crates and pipes. In many cases, DEMAND for this material EXCEEDS the available SUPPLY. With similar policies having been recently adopted by the State of California and New York City, ACC welcomes the opportunity to partner with the City of Moorpark, the grocerj7 and retail industry, recyclers and other interested stakeholders to develop a system that effectively and efficiently recycles these products. Therefore, we request that the City of Moorparkfirst establish a working group comprised of these stakeholders so that we could work together to e.%plore creating a recycling program aimed at reducing the consumption and littering of plastic bags. ACC has been instrumental in developing public education materials to help consumers identify convenient plastic bag and film recycling opportunities, and we could lend our expertise here. For example, we have developed the most comprehensive on-line database of local plastic bag recycling opportunities ties that is available free of charge to the general public. This information can be accessed at Nv,,-vw.PlasticBagRecyclitig.ora,. Unintended Environmental Consequences of Plastic Bal! Bans A ban on plastic bags in San Francisco has forced consumers to dramatically shift back to using paper bags, which has led to a negative environmental impact. They prohibited of one type of material without responsibly giving merit to the full "life cycle" analysis of alternative products. For example, the production of plastic bags consumes less than 6 percent of the water needed to make paper bags, and compared to -paper bags, plastic grocery bags require 70 percent less energy to manufacture.' cf-t I kA-C-C-) I Boustead Consulting & Associates Ltd, Lite Cycle Assessment for Three Types of Gromy Bags — Recyclable Plastic, Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. 2007. See, http: l/ www. americanchemistry .com /s_plastics /doc.asp'?CID =11 Q6 &DID =7212 VIIJ Plastic Bags are an Environmentally Sound Choice , • Plastic bags are a more energy efficient choice throughout their life cycle than alternative products according �1_ to European studies, producing between 60 and 79 percent less greenhouse gas emissions than uncomposted or composted paper bags, respectively! 2 • It takes 91 % less energy to recycle a pound of plastic than it takes to recycle a pound of paper. Because they are thin and lightweight, only one truck is required to transport the same number of plastic bags as seven trucks of paper bags. • In the United States, nearly 80% of polyethylene 3, the type of plastic used to make plastic bags, is produced from natural gas, not oil. This includes feedstock, process and transportation energy. * • Over 800 million pounds of plastic bags and film are recycled every year in the United States, predominately through the nationwide grocery and retail system, where they are consolidated with stores" stretch film (pallet 4 wrap) and recycled via a well-established recycling infrastructure. Single-Use Bag Bans Don't Prevent Litter Single-use bag bans do not prevent litter but they do result in a shift from one type of bag litter to another. There is no such thing as environmentally responsible litter, but it could be significantly diminished via education programs. A ban of plastic bags without litter reduction efforts would lead to increased littering of alternatives, as each material type has its own unique environmental impact. Instead of proposing to ban a product that makes up less than I percent of the U.S. municipal solid waste stream, we encourage policymak-ers to examine the scientifically-derived facts and consider that syrveLs show that over 90 gercent of consiggers rellse their bgg,v and an increq.5jUg number are recycling thei7t. New data indicates that consumer recycling of plastic bags has grown by over 20 percent during the last two years as retailers have partnered with groups like ACC to promote in-store recycling programs. A Ban on Plastic Bas Fails to Give AB 2449 an Opl!ortunity to Change Consumer Behavior Assembly Bill 2449 ("AB 2449") went into effect on July 1, 2007, establishing a 6-year pilot program requiring large grocery stores and other retailers to create at-store recycling opportunities for consumers to return plastic bags for collection and recycling. This consistent state-wide policy not only provides a requirement for plastic bag collection points, it requires retailers to provide reusable bags for consurners to purchase. Successful recycling programs undertaken by large retailers around the nation illustrate a willingness on the part of consumers to participate in at-store recycling programs for plastic bags. These programs exploit an active and groxving, market for recycled plastic that did not exist 15 years ago. Since it is more cost-effective to use recycled product than raw material, bag manufacturers and private recyclers are seeking recycled plastic in greater numbers. This creates opportunity for retailers who can sell recycled plastic and create a second revenue stream that wi 11 defray their bag expense. AB 2449 did not ban plastic bags. Banning plastic bags would virtually eliminate the recycling infrastructure created under AB 2449. Furthermore, data assessing the success of this program is still being analyized by the California Intergrated Waste Management Board, so we strongly encourage the City to allow AB 2449 time to work before implementing a city-wide ban. 2 U.S. Environmental Protection Agency (El ';A) website, Questions About Your C011111junitv,: Shopping BagsTaper or Plastic or...`' EnVirOffiflet1t8l Series 25011 and Eco-Profiles, of the European Plastics Industry, developed by I. Boustead for PlasticsEurope, Ntarch, 2005 downloaded from Internet, May 2007 3 U.S. Department of Energy's and National Renewable . Energy Laboratory's U.S. Life Cycle Inventory Database. See: http:Hwxvw.nrel.gov1lci/ Data also available as a report,, Franklin Associates,. LLC. CradleioGate Life Cycle Inventory of Nine Plastic Resins aird Two Polyurethane Precursors. 2007. 4 Moore Recycling Associates, Sonoma, CA The Gly Council Must Prepare an Environmental Impact Rep, oil The California Environmental Quality Act (CEQA) places an affirmative duty on any city to evaluate the environmental consequences and weigh the potential negative impacts of a ban, including the environt-nental impacts of increased disposal of paper bags in landfills and the impact to air quality from manufacturing. Under CEQA, an EIR should be prepared for a project where there is substantial evidence supporting a fair argument that the impact is significant, and "the existence of serious public controversy concerning the 'environmental effects of a project in itself indicates that preparation of an EIR is desirable." Cfty of Dcivis v. Coleman (1975) 521 F2d 661. (citing No Oil, -Inc. v. City qfLosAngeles (1974) 13 Cal3d 68, 75, 82-86. Reducing litter, increasing recycling, and improving the overall environmental landscape is a complex undertaking that requires the active participation of industry, government, non-profit groups, and consumers. All carry-out bags (plastic, paper, reusable) have some form of environmental impact and that no product or material is manufactured or used "in a vacuum." Each material type has its own unique environmental footprint. ACC looks forward to working with you and city staff to reduce litter, increase recycling and protect the environment.. If you have any questions or comments, please contact the at 916-448-2581 or via email at .Ryaii—Keiiiiy@aiiiericanchemistiy.coin- cc: Mayor Pro Tempore Janice S. Parvin Council mernber Roseann Mikos, Ph. D. Council member Keith F. Millhouse Council member Mark Van Dane Mr. Steven Kueny, City Manager Ms. Debbie Traffenstedt, City Clerk Program calls for recycling plastic bags Contract between city, company may be unique By Tanya Mannes UNION-TRIBUNE STAFF WRITER August 7, 2008 SOLANA BEACH — Hoping to do more to keep plastic bags out of landfills and the ocean, Solana Beach found a private company to recycle them in a partnership that might be unique in California. Solana Beach's program cuts out the middleman — generally a waste hauler — and contracts directly with Trex Co. Inc., a manufacturer of recycled goods. The Virginia-based manufacturer will use the bags in deck boards and fencing made from wood and plastic fibers. The city this week installed. three collection bins in public buildings where residents can drop off clean plastic bags in a. program that comes at no cost to taxpayers. "We thought this was one of those projects that could show quick results," Mayor Dave Roberts said. A machine crushed about 10,000 plastic bags into the bale held by maintenance worker Dave Thomas, Steve Kerr, public works operations manager, looked on. SOLANA BEACH RECYCLING The city is the first In the county to contract with a manufacturer to use plastic bags in recycled products. Polyethylene bags can be taken to bins at three locations: Solana Beach City Hall: 635 S. Highway 101 is Colonia Community Center: 715 Valley Ave Fire Station: 500 Lomas Santa Fe Drive Kyle Pogue, a supervisor at the California Integrated Waste Management Board, . said few, if any, cities provide plastic bags directly to a manufacturer. That means Solana Beach could becorne a model for other cities, he said. "We applaud these kinds of partnerships,` said. Pogue, who tracks plastic-bag recycling at the state agency. About 50 California cities — although none in San Diego County — collect plastic bags as part of their curbside-recycling programs, Pogue said. Statewide, grocery stores and pharmacies must accept the bags for recycling under a state law that took effect in July 2007. Nick Candela, a senior buyer for Trex, said the company agreed to include Solana Beach in a pilot program aimed at collecting Mastic from small businesses in Southern California. Solana Beach's green collection bins are in the lobbies of City Hall, Ira Colonia Community Center and the Fire Department. The city plans to add bins in the Cedros Design District, said Danny King, the city's environmental programs manage:. The idea cane from resident Debbie Sandler:, who approached the city last year and suggested contacting Trex, King said. Sandler, a stay -at -home mother involved in school recycling efforts, said she's "thrilled" about the new program. As the City Council's environmental committee, Roberts and Councilwoman Lesa Heebner worked on the plan, which didn't require a City Council vote. EDCU, the city's waste hatller, agreed to empty the bins at no cost and bring the plastic to the citYf'0 public VY �orks yard, where it v i11 be compressed with a machine called a baler. Trex will pick up the compressed bags. The first 3o,000 pounds of plastic collected will be counted by Trex as payment for the $3,000 baler. After that, the city will receive 15 cents per pound. The agreement can be terminated it less than 12,000 pounds are collected in a full calendar year, the contract states. Solana Beach, a city of 13,418 residents, has embraced environmental initiatives, in part because of its sensiti-%,,e coastal location. in December, it became the first city countywide to ban plastic bags used for advertising from being thrown onto driveways or lung from doorknobs. Research shows plastic accounts for 6o percent to 8o percent of the floating debris in the world's oceans, presenting a hazard to fish and other .marine life. Four California cities have approved some kind of plastic -bag ban: San Francisco, Manhattan Beach, Malibu and Los, Angeles. Locally =, the Encinitas City Council is considering a ban on single -use plastic bags after receiving petitions in June from the Surfrider Foundation. Last month, San Diego Coastkeeper, a local environmental group, got a tepid reaction when it urged the San Diego City Council's environmental issues committee to consider a ban.. The plastics industry opposes bans and supports recycling. It contends that plastic -bag bans merely force consumers to switch to paper, which requires more energy to produce. Roberts said Solana Beach isn't considering, a total ban because of the risk of being sued, perhaps by industry groups. "This is still a new area, banning plastic bags outright,' Roberts said. "Small cities sometimes are targets for lawsuits. We iveren't sure we wanted to be a test case." American' Chemistry C o ( until Info Sheet Contact: Jennifer Killinger (703) 741-5833 Eiiiail-.jeiuii.fer—killiiiger@aiiiericatichemistry.com RECYCLABLE PLASTIC BAGS Plastic grocery bags are an extremely resource-efficient disposable bag choice. • Plastic grocery bags require 70 percent less energy to manufacture than paper bags? • For every seven trucks needed to deliver paper bags,.only one truck is needed for the same number of plastic bags, helping to save energy and reduce emissions. • It takes 91% less energy to recycle a pound of plastic than it takes to recycle a pound of paper.' Less material means less waste and fewer emissions. • 2,000 plastic bags Nveigh 30 lbs; 2,000 paper bags weigh 280 tbs. Plastic bags take up a lot less space in a , landfill.' • Plastic bags generate 80 percent less waste than paper bags.? • Plastic grocery and retail bags make up a tiny fraction (less than 0.5 percent) of the U.S. municipal solid waste streat-n.3 I • Plastic bags generate only 50% of the greenhouse gas (GHG) emissions of composted paper bags. • The production of plastic bags consumes less than 6 percent of the water needed to make paper bags. Plastic grocery bags are fully recyclabje4 and the number of recycling programs is increasing daily. • Nationwide over 912 million pounds of bags and film were recycled in 2006 — up 24 percent fi-oni 2005,5 • 3 According to EPA's data, about 10 percent of plastic bags and film were recycled in 2006. • Plastic bags can be made into dozens of useful new products, such as building and construction products, low-maintenance fencing and decking, and of course, new bags. • There is high demand for this material, and in most areas, demand exceeds the available supply because many consumers are not aware that collection programs are available at local stores. • In recent years, many grocers and retailers have introduced plastic bag collection progranis. Consumers should look for a collection bin, usually located at the ftotit of the store. The number of municipal drop-off centers and curbside programs to recycle plastic bags is increasing also. Consumers can locate plastic bag rec)3cling programs in their communities by visiting xvivw.PlasticBag.Recyclingorg. • Iii addition to grocery bags, other plastic retail bags, dry cleaning bags, newspaper bags. . Mastic wrap fi-olil l?roducts like pMer towels and toilet 12a per, and all bags labeled with recycling-codes 42 (H.DPE) and 94 (LLDPE) can be included wherever plastic bags . are collected for regeling. Boustead Consulting & Associates Ltd. Lffie Cyde Assessmentfoi- 77tree Types oft'woceiil Bags — ReicyclaW Plastic; Compostable. Hiodegi-adabk, Plastic, and Recj-ded, Recjwlable Paper. 2007, See: Cojn fis L11astics1docl ­1C ',i, -7'.r? H)�, kJAD 2 U.S. Environnitntal Protection Agency, Questions about y(.tjjj- Coll)II11111ino St upping Poper or Plastic, SM j Downloaded fron, tiTe Interilet May 2007, 3 U.S. Environmental Protection Agency, ithoficipal Paste in the United States: 2006 Facts and Figures. See: hat � i YLV. Recychiia may not beavailable in all areas. Check tow irplastic bag recycling exists in your co"ImUnitY See: t I lo 1 Moore Recycling Associates, lilt. 2006 M,11jonal.Posi-Consumei- Rec),.cled Plastic Bag and Film Report. Sonoma, California. NO& See: 1300 NVilson flouh:N-ard, Arlington. VA 22209 1 (703) NLiOOO americanchemistry.com In addition to recycling, a recent national survey shows that aver 90% of Americans reuse their plastic bags. • About 65% of Americans reuse their bags for trash disposal. Other common uses include lunch bags and pet pick-up. • In this regard, the reuse of a plastic shopping bag prevents a second bag from being purchased to fulfill these necessary functions. WHAT TO KNOW ABOUT BAG BANS Banning recyclable plastic bags will not reduce society's dependence on oil. 0 It! the United States, nearly 80% of polyethylene', the type of plastic used to make plastic bags, is produced from. natural gas,,tot oil. This includes feedstock, process and transportation energy. • Much of the energy used to make plastic bags is embodied in the bag itself, and since plastic bags are fully recyclable, that energy is available for new products. Mandating that recyclable plastic bags be replaced with biodegradable or compostable bags will not reduce fitter or the amount of waste in our landfills. The biodegradable and con-.ipostable bags currently on the market will only degrade in a professionally- managed,. large-scale composting facility. They will not breakdown in the natural environment, .in a home 0 composting device or in a landfill. • It is currently estimated that there are fewer than 100 suitable composting facilities in the United States. Where cornposting facilities are not available, "compostable" bags will be sent to a landfill. Banning recyclable plastic bags or mandating their replacement with compostable bags will diminish efforts to recycle these products. • Mandating that grocers and retailers replace plastic bags with compostable or paper bags will eliminate I many in-store collection programs, which are currently the largest mechanism for recovering post- constimer bags for recycling. • In addition, the mandated use of compostable bags will cause the accidental commingling of biodegradable and recyclable bags, which xvill contaminate the recovered material, rendering it tintisable by manufficturers. Last Updated: My 9, 2008 lilt l2: ilwww.a nie ricancheniiit ry. coni T S, fchendstn� ACC mellibers Hie Ainerican Chentisli, y Council OCC) represents lite leading coinjvnies eng.aged its the bu, ines. q applv the science of cheinistty to make innovative pi-oducts and services that inake people's lives better. healthier and safer. ACC is convnitied to iinproved environinental, health and sqfqy pet;forniajzce through Responsible Care8, comillon sellse athlocaq' designed to address tnajor ptrb1icpolio, issues, and health and environmental research and product testing. The business of chentistty is a $66.4 billion enleqvise and a key element cif the nation's econoiny. It is one of the nation *s largest exporters, f rch Occolintingfior sett cents out of evely dollar in US exports. Chentisti..), companies are among the largest investors in rese i and dewtopnient. Sq,fehy, and sectifity have alivays been primary concerns qf,4CC nienibers, and they have intenstfied their q f uriij, and to dqfend agahat any threat to the nation's critical .16ris, working closeky ivith governinent agencies to hyprove sec infi-astructitre. 6 U.S, Dejx0metit of Eaerg)r's and National Renev%nble Enemy Laboratory's U-S. Life Cycle Inventory Database. See- L,:L Data also available as a repvcirt: Franklin associates; LIX. Cradle-to-Gair Life Cycle hirentog qfNine Plastic Resins and Two Polyurethane Precursors. 2007. 4 1300 Wilson Ot:iulvvard. Arlington- VA 1-2209 1 (7-03) 741.5COO americanchemlst r d. com Consu mers want to kno,,,¢ where t€ ey gar" recycle bags. In addition to providing recycling. bins in convenient locations, grocers and i- etaileri can help i-irou h employee grid cons rn r education. Posters arx'l well-marked. recycling bins near emrr nc its Mrt)in(i c ~.L:r MMO.rs. to return bags for recycling. * Conveniently locate garbage cans for onsurners- 't� � place their trash * Ideally, locate garbage cans so consumes rs acm €k. before rwiicl" ing the- last(c ba r - ycling, bi. to avoid, contamination Use trc nspi rent bins and 'u "an:iparenl, !bags to enable, biemer quality cc)ntrol Place signage near the recycling bin capenin to ,Aeter consumers ;rum puWriq tr sh in the bin Avoid, recyd €nn bins that resernible garbage cans Window Posters (16" x 24"', .,, f I ;. Recycling Bits k Facts Decal Y� N i Bags Bag r-?,-It arks are anathervvay to educate the consumer, Consider -,,;sing a -nark like the ones ibelow on plastic shoppir,,q bags. You can ask your bag gipplier to help. In California and New York City retailers are required MC ludo -ecyclim,j inform.ation and specific wording on plastic grocery bags provided to con sumners. The bag r-narks displayed here comply with tjiose requirements. Req,wrerner;ts '"'a vary based on where your store is located so always check the Wbeling oil you.r baqswith cuualified experts for youl, specific location. E R RCILE KWIC 04" COMPMY LOGO Maureen Benson From: Sonia Diaz [sdiaz @healthebay.org] Sent: Tuesday, August 19, 2008 4:36 PM To: Moorpark Page 1 of 3 ITEM 9_ A'- Subject: Item 9A - Public Comment on Consideration to Ban Plastic Carryout Bags Please see our support letter attached. August 19, 2008 (Sent via E -Mail: moorparkCa;ci.moorpark.ca.us) Hon. Patrick Hunter Mayor, City of Moorpark Attn: Jennifer Mullin 799 Moorpark Avenue Moorpark, CA 93021 RE: Item #9A -- Consideration of a Ban on Plastic Carryout Bags Dear Mayor Hunter and Members of the Council: On behalf of Heal the Bay and our over 12,000 members, we strongly support the efforts of the Council to consider a ban on single -use plastic carryout bags in the City of Moorpark. We further encourage the Council to include a provision expanding the scope of the ban to include biodegradable or compostable single -use plastic bags and a provision that would require retailers to charge a fee on single -use paper bags to drive consumers toward reusable bags. Plastic carryout bags are wreaking havoc in our inland and beach communities. Plastic single -use bags are only designed for single -use and have a very low recycling rate of less than 5 %. The majority of these bags is either land filled or ends up as litter in our watersheds and beaches. In June 2004, the City of Los Angeles conducted a waste characterization study of the Los Angeles River and found that plastic single -use bags made up 25% by [21 weight and 19% by volume of all litter collected in 30 storm drain catch basins. During the 2006 California P31 Coastal Cleanup Day volunteers collected over 120,000 plastic bags. Public agencies in Los Angeles County M collectively spend $18 million annually in plastic bag litter cleanup. Furthermore, plastic bags severely threaten wildlife and degrade the environment. Months after a storm, streamside vegetation, in- stream habitats and creek bottoms are littered with endless piles of plastic shopping bags. Streams and storm drains carry plastic bags to the ocean where they are frequently mistaken as food and ingested by marine life. Over 267 species worldwide have been impacted by f5J plastic litter. The world's largest ocean garbage dump in the North Pacific is currently estimated to be over twice the 8/19/2008 Page 2 of 3 size of Texas, where densities of bits of plastic trash have tripled during the last decade. It is estimated that 80% of marine debris comes from land -based sources, the majority of which is comprised of plastic t61 materials. Heal the Bay recommends the inclusion of biodegradable plastic bags in the City's proposed ordinance. Plastics claiming to be "biodegradable" or "compostable" have not proven to degrade in the marine F1 environment and may pose serious threats to marine life. Instead, these products require high heat and bacteria, such as those present in industrial composting facilities, to break down into constituents that assimilate back into the environment. Heal the Bay also recommends that the City include a fee on paper carryout bags. State law does not currently preclude cities from imposing fees on paper bags or other single -use bags except for plastic bags. As the most ubiquitous alternative to plastic, paper bags are themselves fraught with environmental impacts. The production of paper bags contributes to natural resource depletion, greenhouse gas emissions and additional waterborne wastes from the pulping and paper making process. f81 A paper bag fee is critical in driving the use of the most sustainable option, reusable bags, rather than shifting consumers from plastic to paper carryout bags. Ireland saw a dramatic 90% reduction in bag M use during the first years of implementing a fee. The urgency for local government to take action has never been greater. In order to break our addiction to single -use plastic packaging, it's time that we kick the habit of plastic single -use bags. Banning plastic bags in the City of Moorpark will help enhance the quality of life for residents, free valuable landfill space and restore our environment to a cleaner and healthier state. We urge you make the City of Moorpark an international leader on this issue and adopt a ban on single -use plastic and compostable bags. Sincerely, Kirsten James Water Quality Director Heal the Bay Sonia Diaz Legislative Associate Heal the Bay Sonia Diaz Legislative Associate 8/19/2008 Page 3 of 3 1444 9th Street ISanta Monica, CA 90401 (310) 625 -9151 cell 1 (310) 451 -1500 x 165 [?1 US EPA 2005 Characterization of Municipal Solid Waste, Table 4. f2l Los Angeles River cleanups conducted by Friends of Los Angeles River (April 30, 2004) and Los Angeles County Bureau of Sanitation (June 10, 2004); County of Los Angeles, "An Overview of Carryout Bags in Los Angeles County: Staff Report to the Los Angeles County Board of Supervisors," (August 2007). [3] Ocean Conservancy, 2006 International Coastal Cleanup Day Report. 11 County of Los Angeles, "An Overview of Carryout Bags in Los Angeles County: Staff Report to the Los Angeles County Board of Supervisors," (August 2007). N. Wallace. "Debris entanglement in the marine environment: A review" ( 985) pp. 259 -277 in: R.S. Shomura and H.O. Yoshida (eds.), Proceedings of the Workshop on the Fate and Impact of Marine Debris, U.S. Department of Commerce, NOAA Technical Memorandum. NMFS, NOAA -TM- NMFS - SWFC -5. tw U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of Public and Constituent Affairs, (1999) "Turning to the Sea: America's Ocean Future;" United Nations Environment Programme (1995) "Global Programme of Action for the Protection of the Marine Environment from Land -based Activities." Note by the secretariat. UNEP (OCA) /LBA/IG. f7j California Integrated Waste Management Board, (June 2007) "Performance Evaluation of Environmentally Degradable Plastic Packaging and Disposable Food Service Ware: Final Report," pp. 38 -39. [8] Australian Department of the Environment and Heritage Plastic Shopping Bags — Analysis of Levies and Environmental Impacts Final Report, prepared by Nolan -ITU, December 2002, Page 33. 91 Ireland Department of the Environment, "FAQ: Success to date of the levy." (Accessed August 19, 2008) http://www.environ.ie/en/Environment 8/19/2008 Heal the Bay. August 19, 2008 1444 ft Str t te131G4.51 -'1 5W inter: �Ihebayorg Santa t*yniia CA 90401 fax 310-4 96-1902 WMVhe0Jffiebayorg (Sent via E -Mail: moorpark(a'ci.moorpark.ca.us) Hon. Patrick Hunter Mayor, City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Item #9A -- Consideration of a Ban on Plastic Carryout Bags Dear Mayor Hunter and Members of the Council: On behalf of Heal the Bay and our over 12,000 members, we strongly support the efforts of the Council to consider a ban on single -use plastic carryout bags in the City of Moorpark. We further encourage the Council to include a provision expanding the scope of the ban to include biodegradable or compostable single -use plastic bags and a provision that would require retailers to charge a fee on single -use paper bags to drive consumers toward reusable bags. Plastic carryout bags are wreaking havoc in our inland and beach communities. Plastic single -use bags are only designed for single -use and have a very low recycling rate of less than 5 %.1 The majority of these bags is either land filled or ends up as litter in our watersheds and beaches. In June 2004, the City of Los Angeles conducted a waste characterization study of the Los Angeles River and found that plastic single -use bags made up 25% by weight and 19% by volume of all litter collected in 30 storm drain catch basins.2 During the 2006 California Coastal Cleanup Day volunteers collected over 120,000 plastic bags.3 Public agencies in Los Angeles County collectively spend $18 million annually in plastic bag litter cleanup.4 Furthermore, plastic bags severely threaten wildlife and degrade the environment. Months after a storm, streamside vegetation, in- stream habitats and creek bottoms are littered with endless piles of plastic shopping bags. Streams and storm drains carry plastic bags to the ocean where they are frequently mistaken as food and ingested by marine life. Over 267 species worldwide have been impacted by plastic litters 1 US EPA 2005 Characterization of Municipal Solid Waste, Table 4. 2 Los Angeles River cleanups conducted by Friends of Los Angeles River (April 30, 2004) and Los Angeles County Bureau of Sanitation (June 10, 2004); County of Los Angeles, "An Overview of Carryout Bags in Los Angeles County: Staff Report to the Los Angeles County Board of Supervisors," (August 2007). 3 Ocean Conservancy, 2006 International Coastal Cleanup Day Report. 4 County of Los Angeles, "An Overview of Carryout Bags in Los Angeles County: Staff Report to the Los Angeles County Board of Supervisors," (August 2007). 5 N. Wallace. "Debris entanglement in the marine environment: A review" ( 985) pp. 259 -277 in: R.S. Shomura and H.O. Yoshida (eds.), Proceedings of the Workshop on the Fate and Impact of Marine Debris, U.S. Department of Commerce, NOAA Technical Memorandum. NMFS, NOAA -TM- NMFS - SWFC -5. 1444 aft! Street tel 310451 • i 6W nfb@h pith 0)av org Santa Mt3rt €c a CA 901401 tax 310- 496 -1902 w",h lhu- 3ayorg Heal the Bay,.,. The world's largest ocean garbage dump in the North Pacific is currently estimated to be over twice the size of Texas, where densities of bits of plastic trash have tripled during the last decade. It is estimated that 80% of marine debris comes from land -based sources, the majority of which is comprised of plastic materials.6 Heal the Bay recommends the inclusion of biodegradable plastic bags in the City's proposed ordinance. Plastics claiming to be "biodegradable" or "compostable" have not proven to degrade in the marine environment and may pose serious threats to marine life. Instead, these products require high heat and bacteria, such as those present in industrial composting facilities, to break down into constituents that assimilate back into the environment. Heal the Bay also recommends that the City include a fee on paper carryout bags. State law does not currently preclude cities from imposing fees on paper bags or other single -use bags except for plastic bags. As the most ubiquitous alternative to plastic, paper bags are themselves fraught with environmental impacts. The production of paper bags contributes to natural resource depletion, greenhouse gas emissions and additional waterborne wastes from the pulping and paper making process.8 A paper bag fee is critical in driving the use of the most sustainable option, reusable bags, rather than shifting consumers from plastic to paper carryout bags. Ireland saw a dramatic 90% reduction in bag use during the first years of implementing a fee.9 The urgency for local government to take action has never been greater. In order to break our addiction to single -use plastic packaging, it's time that we kick the habit of plastic single -use bags. Banning plastic bags in the City of Moorpark will help enhance the quality of life for residents, free valuable landfill space and restore our environment to a cleaner and healthier state. We urge you make the City of Moorpark an international leader on this issue and adopt a ban on single -use plastic and compostable bags. Sincerely, 4-1k, 9--, Kirsten James, Water Quality Director Heal the Bay Sonia Diaz, Legislative Associate Heal the Bay 6 U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of Public and Constituent Affairs, (1999) "Turning to the Sea: America's Ocean Future;" United Nations Environment Programme (1995) "Global Programme of Action for the Protection of the Marine Environment from Land -based Activities." Note by the secretariat. UNEP (OCA) /LBA/IG. California Integrated Waste Management Board, (June 2007) "Performance Evaluation of Environmentally Degradable Plastic Packaging and Disposable Food Service Ware: Final Report," pp. 38 -39. 8 Australian Department of the Environment and Heritage Plastic Shopping Bags — Analysis of Levies and Environmental Impacts Final Report, prepared by Nolan -ITU, December 2002, Page 33. 9 Ireland Department of the Environment, "FAQ: Success to date of the levy." (Accessed August 19, 2008) http://www.environ.ie/en/Environment 2