HomeMy WebLinkAboutRes 89-46 Elimination of Chloroflurocarbons SENT BY:Xerox Telecopier 7020 : 4-20-89 ; 2:23PM ; 61934066984 6193400574;# 2
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MEMORANDUM
TO: BRUCE ALTMAN, CITY MANAGER
CITY OF PALM DESERT
FROM: DAVE ERWIN, CITY ATTORNEY
DATED: 4/19/89
RE: CHLOROFLUROCARSONS
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Bruce:
Attached are copies of a resolution and ordinance which we
have taken from the Redlands packet but have not done any
particular study, just put this together as at least some
thoughts, etc. The resolution basically supports and
encourages but does not regulate. The ordinance does
provide regulation. Very frankly, if we are going to
regulate under the ordinance, I think we do need some
statistical data.
an/vcd
attachments
CITY COUNCIL ACTION: Dr,IIE
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SENT BY:Xerox Telecopier 7020 ; 4-20-89 ; 2:23PM ; 6193405698-0 6193400574;# 3
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RESOLUTION NO. ` 1W
A RESOLUTION OF THE CITY OF PALM DESERT,
CALIFORNIA, CONCERNING THE ELIMINATION OF
CHLOROFLUROCARBONS AND THE RESPONSIBLE USE
OF PLASTICS..
WHEREAS, it is the consensus of the scientific
community that chlorofluorocarbons (CPC' s) pose a potential
health hazard because of their effect on the earth' s
protective layer of zone; and
WHEREAS, the United States Senate has ratified the
Montreal Protocol on Substances that Deplete the Ozone
Layer, an international agreement that establishes a
timetable for phasing out the production and use of
substances such as CFCs; and
WHEREAS, nationally there is an effort to lessen the
adverse impact of discarded plastics on the environment and
on solid waste disposal facilities; and
WHEREAS, consumer awareness and education is needed
regarding the responsible use of all kinds of plastics; and
WHEREAS, the City of Palm Desert desires to participate
and support efforts to remove CFC' s from our environment;
NOW, THEREFORE, the City Council of the City of Palm
Desert, California, DOES HEREBY RESOLVE as follows :
Section 1 . Supports state and federal actions which
will phase out the production and use of all
chlorofluorocarbons.
Section 2 . Supports state and federal regulations
that emphasize the recycling of plastics.
Section 3 . Encourages all takeout food vendors in
the City of Palm Desert to eliminate the use of plastic food
packaging made with chlorofluorocarbons by June , � ,;
Section 4 . Commits that the City of Palm Desert
shall not purchase packaging or other materials packaging
made with chlorofluorocarbons unless there is no acceptable
alternative.
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Section 5 . Endorses community educational programs
that will inform City residents and businesses about the
potential harmful effects of the use of chlorofluorocarbons
and the need for the responsible use of all kinds of
plastics.
PASSED, APPROVED AND ADOPTED this day of
1989 , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROY WILSON, Mayor
City of Palm Desert, California
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, CONCERNING THE
ELIMINATION OF CHLOROFLUROCARBONS AND THE
RESPONSIBLE USE OF PLASTICS.
The City Council of the City of Palm Desert,
California, DOES HEREBY ORDAIN as follows:
WHEREAS, products are increasingly being packaged and
transported in containers utilizing petroleum-based
polystyrene plastic; and
WHEREAS, the most common chemical agent compounds
utilized to blow and expand polystyrene are
chlorofluorocarbons; and
WHEREAS, an alternative blowing agent, pentane, is
highly flammable and dangerous and imposes health hazards to
workers and also oxidizes quickly in the sun and contributes
to smog; and
WHEREAS, products are increasingly being packaged and
transported in containers utilizing petroleum-based
polystyrene plastic which is nonbiodegradable and
nonrecyclable; and
WHEREAS, an accumulation of nonbiodegradable
polystyrene plastic poses an acute problem in the marine
environment where plastic packaging is mistaken for food and
eaten by marine organisms; and
WHEREAS, in order to protect the environment, the
health of its citizens, and conserve landfill space, the
City, by this Ordinance, intends to prohibit the
manufacture, sale and distribution of polystyrene products;
Section 1 . A new Chapter and Section
, are added to the Palm Desert Municipal Code, which
chapter and section shall. read as follows :
"CHAPTER . PROHIBITION ON THE MANUFACTURE,
SALE AND DISTRIBUTION OF
POLYSTYRENE PLASTICS PRODUCTS
"Section Definitions
"In this Chapter, the following definitions shall
apply:
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" ' Polystyrene Plastic' means a thermoplastic
petrochemical material utilizing a styrene
monomoner and a blowing agent compound which is
used to produce molder expanded or extruded
expanded polystyrene plastic foam.
" ' Polystyrene Food Packaging' means a
thermoplastic petrochemical material utilizing
styrene monomoner and blowing agents used for
packaging and containing food and drink materials,
including, but not limited to, cups, bowls,
plates , hinged carryout and sandwich containers,
egg cartons and stock food crates.
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"Section Prohibitions as to Certain
Polystyrene Products
"On and after July 1 , 1989 , it is unlawful to
manufacture , sell or distribute to any person in this
City any product made of, or with, polystyrene plastic
unless the product is made using a blowing agent
compound and meets all of the following criteria:
"A. The blowing agent compound will reduce the
potential for ozone depletion by more than
ninety-five percent (95%) compared to the ozone
depletion potential of CFC - 12
(dychlorodifluorothane) .
"B. The blowing agent compound will not
contribute to the formation of ozone in the lower
atmosphere. The compound does not contribute to
that formation of ozone if both of the following
conditions are met:
"1 . The compound is not prohibited by any
federal, state, regional or local regulation.
"2 . The manufacture of the blowing agent
compound and polystyrene plastic utilizes the
best available technology, as certified by an
appropriate governmental agency which has the
jurisdiction to make such determinations , to
control the emissions. For the purpose of
this subdivision , the phrase 'best available
technology' shall mean as follows:
" (a) As to an existing facility,
the best available retrofit control
technology as defined in Section 40406
of the Health and Safety Code; and
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" (b) As to a new facility or the
expansion of an existing facility, the
best available control technology as
defined in Section 40405 of the Health
and Safety Code.
"C. The use of the compound has been approved by
the Federal Food and Drug Administration for use
in food containers.
"D. The use of the compound does not present any
significant risk to workers or public health due
to its toxicity, corrosivity, flammability or
other hazardous properties.
"Section Penalty
"In addition to any other applicable civil or criminal
penalty, any person convicted of a violation of this
Chapter is guilty of an infraction, which is punishable
by a fine not to exceed Fifty Dollars ($50. 00) for the
first violation , One Hundred Dollars ($100 .00) for the
second violation within one (1) year, and Two Hundred
Fifty Dollars ($250 .00) for each additional
violation within one (1) year. Each incident in
violation of Section shall constitute a
separate violation. "
Section 2 . The City Clerk shall certify to the passage
and adoption of this ordinance and shall cause the same to
be published once in the Palm Desert Post, a newspaper of
general circulation, printed, published and circulated
within the City of Palm Desert and the same shall be in full
force and effect thirty (30) days after its adoption .
PASSED, APPROVED and ADOPTED this day of
, 1986 , by the following vote, to wit:
AYES:
NOES :
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ABSENT:
ABSTAIN:
ROY WfLSON, Mayor
City of Palm Desert, California
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ATTEST: .
SHEILA R. GILLIGAN, City C er
City of Palm Desert, California
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