City Council is set to again debate banning non-recyclable plastics used by restaurants
CITYWIDE — The City Council tonight is expected to again consider banning Styrofoam and other non-recyclable plastic food containers in efforts to protect the environment and make the city more sustainable.
Citing numerous studies documenting the prevalence of expanded polystyrene and other non-recyclables landing in storm drains and on beaches — causing residents to pay thousands in clean-up costs — the council, with a unanimous vote, directed staff in June to draft a law banning the products heavily used by restaurants, delicatessens, grocery stores and various other groups serving prepared food.
The proposed law would also force City Hall to serve food only in containers made from biodegradable materials. It is estimated that implementing the ban will cost roughly $31,000 a year.
The measure was put on hold last month due to some technicalities in the writing of the proposed ban.
City staff was considering imposing a fee or tax on plastic shopping bags, and possibly a mandatory recycling program, but recent legislation signed into law in September prohibited local agencies from enforcing such a law until the year 2013.
If the council approves the Styrofoam ban, it will join elected bodies in more than 100 other cities across the country that have passed similar laws.
When the ban on non-recyclable plastics was first proposed, restaurant owners, backed by the Santa Monica Chamber of Commerce and the California Restaurant Association (CRA), argued against it, claiming it would hurt them financially because of the added costs associated with more environmentally friendly materials, which they contend have been found to not perform as well as Styrofoam and other plastics.
Supporters of the ban said alternatives do exist that can insulate just as well as any product targeted by the ban and such alternatives are becoming cheaper given the increase in cost for plastic products, which are made from petroleum, a non-renewable resource.
Elected officials and other supporters said the environmental costs associated with non-recyclable plastics far outweigh the costs businesses may incur, considering that even when Styrofoam is disposed of properly, can break into thousands of smaller pieces that are so light they float on water and are easily carried by the wind. Marine animals and birds have been found to consume the plastic foam, resulting in reduced appetite and nutrient absorption, even starvation.
The ban would apply to plates, bowls, cuts, trays and hinged or lidded containers, often called “turtle shell” containers. The ban does not include single-use disposable items such as straws, cup lids or plastic utensils.
To help businesses comply, the ordinance being proposed allows for a one year renewable, economic-hardship exemption, which would include evidence of no reasonably feasible alternatives available.
For the first violation, a written notice will be issued. The penalty for subsequent violations will be a fine in increasing amounts from $100 to $500, depending on the number of times the food provider has previously violated the law. Enforcement will be primarily conducted on a complaint basis and will be carried out by existing inspectors with public works.
The ban will go into effect one year after council adoption, during which time city staff will conduct workshops and other outreach to assist food providers in identifying alternatives to plastic foam and other non-recyclables.
Originally published in the Santa Monica Daily Press print edition on December 5, 2006. Read the original PDF.