01/03/2010: "Hearing On Polystyrene Food Containers"

The San Juan County Council will conduct a public hearing for the purpose of receiving testimony on a proposed ordinance Restricting the Use of Expanded Polystyrene Materials in Food Service Containers and Providing Penalties for Violations.

The public hearing will be held in the Council Hearing Room at 55 Second Street, Friday Harbor, Washington on Tuesday, January 5, 2010 beginning at 10:45 AM. The hearing may be continued from time to time and place to place as may be desired by the Council without additional written notice.

Members of the public will be invited to speak at the hearing, and/or provide written statements regarding the proposed ordinance(s). After the public testimony portion of the hearing has ended, the County Council will deliberate and consider modifications to the ordinance(s) that are proposed by members of the public, the county employees and officials, or the Council members. The proposed ordinance(s) may then be adopted with or without modification.

All persons wishing to be heard on this matter are encouraged to attend. Written comments may be submitted in advance of the hearing by mail/email or at the hearing by delivery in person. Please mail 10 copies of all written comments to the Clerk of the San Juan County Council at 350 Court Street #1, Friday Harbor, WA or deliver to 55 Second Street Friday Harbor, WA 98250. All e-mail should be sent to the Clerk of the County Council, at ingridg@sanjuanco.com so that it may be included as part of the County file. The complete ordinance(s) may be inspected and copies obtained 24 hours a day at the County website at www.sanjuanco.com/council/default.aspx or by request at the Council offices during each business day between the hours of 8:30 a.m. and 4:30 p.m. For more information please contact the Clerk of the County Council (360) 370-7472.

BACKGROUND

A. Expanded polystyrene food service containers are non-degradable and create difficulties for the operation of an environmentally and financially responsible program of solid waste management;

B. Expanded polystyrene products often enter the County’s storm drains and watersheds, thereby posing a threat to the natural environment;

C. Some medical studies have indicated that chemicals in expanded polystyrene are carcinogenic and may leach into food or drink, thereby causing health risks to humans;

D. Products which are degradable and easily recyclable offer an environmentally preferable alternative to products that contain expanded polystyrene;

E. In order to decrease the use of certain expanded polystyrene products in San Juan County, it is necessary to regulate such use.

NOW, THEREFORE, BE IT ORDAINED by the County Council of San Juan County, Washington as follows:

Section 1. Prohibition.

A. Effective on the date set forth in section 4 below, food service businesses located in San Juan County shall be prohibited from selling or providing food, for consumption on or off the premises, in or on packaging made wholly or partially of expanded polystyrene, except as otherwise provided under subsection B.

B. Food service businesses that sell or otherwise provide food to their customers in prepackaged expanded polystyrene containers that have been filled and sealed prior to receipt by the food service businesses or that sell or otherwise provide to their customers meat, fish or shellfish products in or on containers made wholly or partially of expanded polystyrene shall be exempt from the prohibition established in subsection A.

Section 2. Definition.

For purposes of this Ordinance, the following definitions shall apply.

A. “Expanded polystyrene” means blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

B. “Food service businesses” means full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, bending trucks or carts, business or institutional cafeterias, and any other businesses selling or providing food for consumption on or off the premises.

Section 3. Violation and Penalties.

A. Violations.

1. The first violation of any provision of this Ordinance shall be a Class 3 civil infraction.

2. The second violation of any provision of this Ordinance by the same person within a one-year period shall be a Class 2 civil infraction.

3. A third or subsequent violation of any provision of this Ordinance by the same person within a one-year period shall constitute a Class 1 civil infraction.

B. Penalties.

The penalties for committing a civil infraction under this Ordinance are set forth in Chapter 7.80 of the Revised Code of Washington, as it may be amended from time-to-time.

Section 4. Effective Date.

This Ordinance is effective on the 10th working day after adoption.

Section 5. Codification.

Sections 1 to 4 shall be codified.