HomeMy WebLinkAboutRes No. 09-76 - Support Xtnded Producer Responsibility CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: ADOPT RESOLUTION SUPPORTING EXTENDED PRODUCER
RESPONSIBILITY (EPR)
SUBMITTED BY: Frankie Riddle, Director of Special Programs
DATE: November 12, 2009
CONTENTS: Resolution No. 09-�6
Recommendation
Waive further reading and adopt Resolution No. 09-�6
Backqround
At its meeting of September 14, 2009, CVAG's Solid Waste and Recycling Technical
Working Group/Committee observed a presentation by the California Product
Stewardship Council (CPSC) wherein they discussed the Extended Produce
Responsibility (EPR) Resolution (AB283 —The California Product Stewardship Act,
introduced by Assemblyman Wesly Chesbro) and why it is important for local
communities to support this effort. According to CPSC there are currently 28 counties,
47 cities, and 24 local government associations that have adopted this resolution in
support of EPR.
The City has always been proactive in its endeavors to promote community awareness
and participation in programs that encourage recycling and other
conservation/environmental efforts. Supporting this resolution will place the burden on
producers of products rather than local jurisdictions and its residents. As manufacturers
are held more accountable for their products, decisions will be made that take into
consideration the design and end-of-life product management and creates a system of
shared responsibility befinreen the producers and all of the entities involved in the
product chain rather than the general public. EPR recognizes that all parties (i.e.
producers, distributors, retailers, and consumers) share responsibility for the products
created, sold or purchased; however, the producer is the only party with the ability to
design products to be reused or recycled, to reduce the use of toxics, and to decrease
the negative impact of the products and the manufacturing process.
STAFF REPORT
RESOLUTION SUPPORTING EXTENDED PRODUCER RESPONSIBILITY (EPR)
NOVEMBER 12, 2009
PAGE 2
Staff recommends that Council adopt Resolution No. 09-�6 supporting the Extended
Producer Responsibility (EPR).
Fiscal Analvsis
There is no fiscal impact associated with this request.
Submitted y:
;
�
Frank� Riddle, Director of Special Programs
Approval:
CITY COUNCIL ACTtON
APPROVF,D DFNiF.D _.,___.
J n M. Wohlmuth, City Manager RECEIVED OTNER... ��0�'��
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MEETING DATE ��' �a'
AYES•c�i�n, F�rc�lf.sc�.Sne���Ke�/;�a•�alc��eae/
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Ai3SENT: ���-
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VERIFIFI) I3Y:
Original on File with Ci Clerk's Of'tice
RESOLUTION NO. 09-76
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT SUPPORTING
EXTENDED PRODUCER RESPONSIBILITY.
WHEREAS, approximately 75,000 tons of discarded materials and products are
currently sent to disposal from our community on an annual basis at a cost of$37.45 per
ton; and
WHEREAS, on February 8, 2006, California's Universal Waste Rule (CCR, Title
22, Division 4.5, Chapter 23) became effective; and
WHEREAS, the Universal Waste Rule bans landfill disposal of certain products
that are deemed hazardous, including household batteries, fluorescent bulbs and tubes,
thermostats and other items that contain mercury, as well as electronic devices such as
video cassette recorders, microwave ovens, cellular phones, cordless phones, printers, and
radios; and
WHEREAS, it is anticipated that the list of Universal and other waste products
determined to be hazardous and therefore banned from landfills will continue to grow as
demonstrated by the ban of treated wood effective January 2007 and sharps in September
2008; and
WHEREAS, state policies currently make local governments responsible for
achieving waste diversion goals and enforcing product disposal bans, both of which are
unfunded mandates; and
WHEREAS, Universal Waste management costs are currently paid by taxpayers
and rate payers in the Coachella Valley and are expected to increase substantially in the
short term unless policy changes are made; and
WHEREAS, local governments have no input on the design of the products, make
no profit from the products, and do not have the resources to adequately address the rising
volume of producers of hazardous products and products designed for disposal; and
WHEREAS, costs paid by local governments to manage products are in effect
subsidies to the producers of hazardous products and products designed for disposal; and
WHEREAS, Palm Desert supports statewide efforts to hold producers responsible
for Universal Waste products and other product waste management costs; and
Resolution No. 09-7h
WHEREAS, there are significant environmental and human health impacts
associated with improper management of Universal Waste products; and
WHEREAS, Extended Producer Responsibility(EPR) is a policy approach in
which producers assume responsibility for management of waste products and which has
been shown to be effective; and
WHEREAS, when producers are responsible for ensuring their products are reused
or recycled responsibly, and when health and environmental costs are included in the
product price, there is an incentive to design products that are more durable, easier to
repair and recycle, and less toxic; and
WHEREAS, EPR framework legislation establishes transparent and fair principles
and procedures for applying EPR to categories of products for which improved design and
management infrastructure is in the public interest; and
WHEREAS, the California Product Stewardship Council (CPSC) is an
organization of California local governments working to speak with one voice in
promoting transparent and fair EPR systems in California; and
WHEREAS, Palm Desert wishes to incorporate EPR policies into the agency's
product procurement practices to reduce costs and protect the environment; and
WHEREAS, the California lntegrated Waste Management Board (CIWMB) has
adopted Strategic Directives to begin developing statewide EPR programs; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Palm Desert, California urges the CIWMB to continue taking timely action to implement
the Strategic Directive #5 on Producer Responsibiliry to manage Universal and other
wastes; and
BE IT FURTHER RESOLVED, that Palm Desert urges the California Legislature
to enact framework EPR legislation that shifts Universal and other wastes management
costs from local government to the producers of the product, and which will give producers
the incentive to redesign products to make them less toxic and easier to reuse and recycle;
and
BE IT FURTHER RESOLVED, that the Ciry Manager of the City of Palm Desert
be authorized to send letters to the League of California Cities, the California Association
of Counties, and the CIWMB, and the State legislature and to use other advocacy methods
to urge support of EPR framework legislation; and
Resolution No. 09-76
BE IT FURTHER RESOLVED, that the Ciry Manager of the City of Palm Desert
be authorized to sign the California Stewardship Council (CPSC) Pledge of Support and
participate with CPSC to educate and advocate for EPR policies and programs; and
BE IT FURTHER RESOLVED, that the City of Palm Desert encourage all
manufacturers to share in the responsibility for eliminating waste through minimizing
excess packaging, designing products for durability, reusability and the ability to be
recycled; using recycled materials in the manufacture of new products; and providing
financial support for collection, processing, recycling, or disposal of used materials; and
BE IT FURTHER RESOLVED, that the Ciry of Palm Desert develop producer
responsibility policies such as leasing and to take responsibility for collecting and recycling
their products at the end of their useful life.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council
of the City of Palm Desert held on this 12th day of November, 2009, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT