CC - Item 7F - Resolution in Support of Extended Producer Responsibility• 0
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: AUGUST 9, 2011
SUBJECT: RESOLUTION IN SUPPORT OF EXTENDED PRODUCER
RESPONSIBILITY
SUMMARY
The California Product Stewardship Council (CPSC) has asked California cities,
counties, and other government agencies to support extended producer responsibility
(EPR), an effort to help ensure the proper disposal of household hazardous waste
(HHW), universal waste, medical waste (sharps /pharmaceutical waste) and other
problematic products at the end of their useful life. This effort is designed to help shift
the financial burden from government agencies and rate payers to the producers of the
products. EPR will benefit the community by driving a better, healthier product design
that reduces the toxicity and volume of the waste stream and ensure more available
collection options for these products. This issue was recently discussed by the San
Gabriel Valley Council of Governments which has asked member cities to support this
initiative.
Staff Recommendation
It is recommended that the City Council authorize the mayor to sign the attached
resolution in support of extended producer responsibility.
DISCUSSION
The United States Environmental Protection Agency (EPA) estimates that
approximately 75 percent of today's waste stream comes from manufactured products —
including common household items such as televisions, cell phones, personal
computers, fluorescent lights and batteries to household hazardous waste products like
paint and pesticides. Electronics contain lead, cadmium, and other toxic heavy metals
that pose a threat to public health and the environment when improperly disposed.
Other products also contain toxic constituents, such as the mercury contained in
fluorescent lights or some thermostats and switches. Other products are packaged with
problematic materials that cannot be recycled and packaging can be excessive. Other
products, such as hypodermic needles and other "Sharps" can injure the public and
sanitation workers when improperly disposed.
APPROVED FOR CITY COUNCIL AGENDA:
ITEM NO�
City Council Meeting
August 9, 2011
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In response to concerns about the landfilling of such products, California has enacted
landfill bans. In 2006, "Universal Waste" (fluorescent lights, household batteries,
electronics, mercury switches, etc.) were banned from landfilling. In 2008, "Sharps"
were banned from landfilling. Because of growing concerns about the presence of
prescription and non - prescription drug residues in our waterways, it is anticipated that
pharmaceutical waste will likely be banned from landfill disposal in the near future. The
downside of these bans is that enforcement responsibilities are placed on local
governments, which lack the funding, capacity or resources to manage the volume of
the growing list of products banned from landfills. These unfunded mandates result in
bans without plans.
Under today's waste management system, the responsibility for managing the product
wastes falls on local governments. Many products today are actually designed for
disposal, rather than reuse or recycling. It is both the toxicity of the waste stream and
the volume of waste that is of concern to local governments. Ratepayers and taxpayers
are financing costly collection infrastructure and programs which could be more cost -
effectively managed in the private sector.
Statistics vary, but according to a 2002 report by the California Integrated Waste
Management Board (now known as CalRecycle), more than 500 million batteries are
sold each year in California. According to the report, only one -half of one percent is
recycled through City and County HHW programs — and the cost to ratepayers and
taxpayers is astronomic — projected to exceed $31 million per year and costs on
average $800 per ton to manage. On a broader scale, it is estimated that the statewide
percentage of households using local government- sponsored HHW programs is no
more than 5 percent. This means that approximately 95% of the residentially - generated
HHW in California is unaccounted for and local governments cannot afford to offer
expanded services.
EPR offers a solution by engaging producers in the lifecycle management of their
products to take responsibility for the proper management of products. Instead of
requiring local governments to fund collection and recovery programs, EPR establishes
performance goals for stewardship programs that are designed and implemented by
producers and ensures the cost of recovery is reflected in the cost of the product
creating a sustainable funding source – a user pays system instead of pushing the costs
onto taxpayers and ratepayers. Furthermore, an effort is made to "design it green ",
thereby reducing the environmental impact of the product. EPR recognizes that all
stakeholders share some responsibility, but the producer has the greatest responsibility
because only they can change the design of products.
To date, numerous government agencies have adopted EPR resolutions, including
counties, cities, regional government agencies, national government agencies, and solid
waste advocacy agencies. The San Gabriel Valley Council of Governments has asked
City Council Meeting
August 9, 2011
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its member cities to support this effort and approve the attached resolution related to
product stewardship.
Submitted by:
Chris Marcarello
Public Works Director
Attachments:
(1) Resolution 2011 — 47
RESOLUTION NO. 2011 -47
RESOLUTION OF THE CITY OF ROSEMEAD
SUPPORTING EXTENDED PRODUCER
RESPONSIBILITY
WHEREAS, approximately 2 million tons of discarded materials and
products are currently sent to disposal from the San Gabriel Valley each year; 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 and are expected to increase substantially in the short term
unless policy changes are made; and
WHEREAS, local governments do not have the resources to adequately
address the rising volume of discarded products; 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, the City of Rosemead supports statewide efforts to hold
producers responsible for Universal Waste and other products they create and
WHEREAS, there are significant environmental and human health impacts
associated with improper management of Universal Waste, sharps, pharmaceuticals,
and other products; and
WHEREAS, Extended Producer Responsibility (EPR) is a policy approach
in which producers assume financial responsibility for management of waste products
and which has been shown to be effective; 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, in January 2008 the California Integrated Waste Management
Board, now known as CalRecycle, adopted a Framework for an EPR System in
California; and
WHEREAS, in July 2008 the National Association of Counties adopted a
resolution in support of a framework approach to EPR, November 2009 the National
League of Cities adopted EPR policy, and June 2010 the US Conference of Mayors
adopted a resolution in support of EPR; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ROSEMEAD that by adoption of this Resolution, the City of Rosemead
urges CalRecycle and the California Legislature to continue taking timely action to
implement the Framework for an EPR System in California to manage problematic
products; and
BE IT FURTHER RESOLVED, that the City of Rosemead encourages 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
communicating with haulers and local governments about end of life management; and
Revised 8/7/10 2
ADOPTED this 9 day of August, 2011.
Steven Ly, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
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