June 25, 2019
Dear City Clerk Valencia,
Please introduce the attached ordinance on our behalf at the July 24,2019 meeting of the City Council and refer such matter to the Committee on Environmental Protection and Energy for consideration regarding the prohibition of single-use Styrofoam containers from street carts and restaurants in Chicago.
Ordinances prohibiting single-use Styrofoam containers have been enacted recently in major cities across the country, including New York, San Francisco, Miami, Portland, Seattle, and Washington, DC. (See attached Seattle ordinance number 122751.)
The advocates of this environmental ordinance include dozens of middle school science students at Ray Elementary School, 5631 S. Kimball, Chicago. The students are citizens and residents of the City of Chicago who have done extensive research on alternatives to Styrofoam takeout containers at restaurants (see attached list of student advocates of the proposed ordinance).
Two copies of the attached ordinance are attached hereto.
If you have any questions regarding our citizen introduction of this proposed environmental ordinance to ban single-use Styrofoam containers from street carts and restaurants in Chicago, please contact our assistant, Pat Quinn, 1852 N. Nashville Ave., Chicago, IL 60707 (email: ltg.patquinn@gmail.com)(312/485-1852).
Thank you for your prompt consideration.
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BE IT ORDAINED BY THE CITY OF CHICAGO AS FOLLOWS:
Section 1. Prohibition on use of expanded polystyrene food service products
Effective July 1.2020, food service businesses shall be prohibited from selling or providing food, for consumption on or off the premises, in expanded polystyrene food service products, except as otherwise provided under subsection B.
Prepackaged soups and other foods that food service businesses sell or otherwise provided to their customers in expanded polystyrene containers that have been filled and sealed prior to receipt by the food service businesses shall be exempt from the prohibition established in subsection A.
For the purposes of this section, the following definitions shall apply.
"Expanded polystyrene" means blown polystyrene and expanded and extruded foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical materials utilizing a stvrene monomer and processed b 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).
"Expanded polystyrene food products" means food containers, plates, "clamshells," hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products, made of expanded polystyrene and used for selling or providing food for consumption on or off the premises.
3. "Food service businesses" means full-service restaurants, fast food restaurants, cafes,
delicatessens, coffee shops, grocery stores, vending trucks or carts, business or institutional cafeterias, or other
businesses, selling or providing food within the City of Chicago for consumption on or off the premises-
Section 2. Compostable or recyclable food service ware required
A. Effective July 1.2020. food service businesses shall be prohibited from selling or providing food, for consumption on or off the premises, in or with disposable plastic food service ware. Acceptable alternatives for prohibited plastic food service ware shall be compostable or recyclable.
B. For purposes of this section, the following definitions shall apply.
"Compostable" means made solely of organic substances that break down into a stable product due to the action of bacteria in a controlled, aerobic commercial process that results in a material safe and desirable as a soil amendment meeting the compost quality standards found for metals physical parameters, pathogens, manufactured inert material and other testing parameters set by the Chicago Department of Public Health.
"Disposable plastic food service ware" means non-recyclable containers, plates, "clamshells." serving trays meat and vegetable trays, hot and cold beverage cups, and utensils that are made of plastic or plastic-covered paper and intended only for one-time use (including so-called biodegradable products where any portion is not compostable).
"Food service businesses" means full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, business or institutional cafeterias, and other businesses, selling or providing food within the Citv of Chicago for consumption on or off the premises.
"Recyclable" means made solely of materials that are capable of being separated from a waste stream by a food service business and made available for collection and delivery to a processor for reuse or remanufacture into the same or other products.
Section 3. Civil infractions
A. The violation of or failure to comply with anv of the following sections shall be a civil infraction and subject as a civil infraction to a maximum monetary penalty and default amount of Two Hundred Fifty Dollars ($250.00).
Section 4. Implementation
A. To assist with the implementation of the expanded polystyrene and plastic food service ware bans, the Mayor will appoint a stakeholder group of food service business and environmental interest representatives to complete the following tasks and report to the City Council by December 31,2019:
1. Develop a report on the availability, cost, and performance of recyclable and compostable alternatives to plastic food service ware.
2. Develop approaches for businesses to apply their collective buying power to increase the availability of competitively priced recyclable and compostable service ware. Section 5. Severability
The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shah, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons, shall remain valid and enforceable-Section 6. Effective date
This ordinance shall have the force and effect of passage by the corporate authorities of the Citv Of Chicago upon approval by the City Council.
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Dick Lilly/DL/mm
SPU Polystyrene Ban and Plastic Food Service Ware ORD July 16, 2008 Version #16
ORDINANCE \ "2."2-"7S
AN ORDINANCE relating to the City of Seattle's solid waste system, prohibiting the use of expanded polystyrene food service containers, requiring food service businesses to transition from disposable plastic food service ware to compostable and recyclable alternatives, and amending Seattle Municipal Code Chapter 21.36.
WHEREAS, the Washington State Legislature in RCW 70.95.010(8)(a) established waste
reduction as the first priority for the collection, handling, and management of solid waste;
and ...
WHEREAS, the Washington State Legislature in RCW 70.95.010(4) found that it is "necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility"; and
WHEREAS, the Washington State Legislature in RCW 70.95.010(6)(c) found that it is the responsibility of city governments "to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies"; and
WHEREAS, in 2007 the City Council adopted, the Mayor concurring, Resolution 30990, which reaffirmed the City's 60% recycling goal and set a longer-term goal of 70% recycling along with targets for waste reduction; and
WHEREAS, Resolution 30990 called for studies on how to reduce Seattleites' use of hard-to-
recycle materials, many of them plastics, and specifically required Seattle Public Utilities ("SPU") to propose strategies, including bans, to discourage the use of disposable food service containers and food service ware; and
WHEREAS, SPU has completed the first of those studies, finding that the production, use and disposal of expanded polystyrene food service products and disposable food service ware have significant adverse impacts on the environment and that compostable or recyclable alternative products are available; and
WHEREAS, costs associated with the use and disposal of expanded polystyrene food service
products and disposable food service ware in Seattle creates burdens on the City's solid. waste disposal system; and
Form Last Revised on December 31,2007
Dick Lilly/DL/mm
SPU Polystyrene Ban and Plastic Food Service Ware ORD July 16,2008 Version #16
WHEREAS, to discourage and decrease the use of certain expanded polystyrene food service
products and disposable food service ware in the city, it is necessary to regulate such use; and
WHEREAS, it is in the best interest of the health, safety and welfare of the people that
regulations prohibit the use of certain expanded polystyrene food service products and disposable food service ware to reduce the cost of solid waste disposal by the City and to protect the environment; and
WHEREAS, Seattle has become a national leader among cities in green house gas reduction and seeks to further that effort through waste reduction and increased recycling; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Seattle Municipal Code Chapter 21.36 is amended by adding new Section 21.36.084 to read as follows:
SMC 21.36.084 Prohibition on use of expanded polystyrene food service products
Effective January 1. 2009. food service businesses shall be prohibited from selling or providing food, for consumption on or off the premises, in expanded polystyrene food service products, except as otherwise provided under subsections B and C.
Prepackaged soups and other foods that food service businesses sell or otherwise provide to their customers in expanded polystyrene containers that have been filled and sealed prior to receipt by the food service businesses shall be exempt from the prohibition established in subsection A.
The prohibition on food service businesses selling or providing raw meat or raw seafood, for consumption on or off the premises, in expanded polystyrene food service products shall take effect on July 1.2010.
Form Last Revised on December 31, 2007
Dick Lilly/DL/mm
SPU Polystyrene Ban and Plastic Food Service Ware ORD July 16, 2008 Version #16
D. For purposes ofthis section, the following definitions shall apply.
"Expanded polystyrene" means blown polystyrene and expanded and extruded foams (sometimes called Styrofoam. a Dow Chemical Co. trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical materials utilizing a stvrene monomer and processed by anv 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).
"Expanded polystyrene food service products" means food containers, plates, "clamshells." hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products, made of expanded polystyrene and used for selling or providing food for consumption on or off the premises.
"Food service businesses" means full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, business or institutional cafeterias, or other businesses, selling or providing food within the Citv of Seattle for consumption on or off the premises.
Section 2. Seattle Municipal Code Chapter 21.36 is amended by adding new Section
21.36.086 to read as follows:
SMC 21.36.086 Compostable or recyclable food service ware required
A. Effective July 1. 2010. food service businesses shall be prohibited from selling or
providing food, for consumption on or off the premises, in or with disposable plastic food service
Form Last Revised on December 31, 2007
Dick Lilly/DL/mm
SPU Polystyrene Ban and Plastic Food Service Ware ORD July 16,2008 Version #16
ware. Acceptable alternatives for prohibited disposable plastic food service ware shall be compostable or recyclable.
B. For purposes ofthis section, the following definitions shall apply.
"Compostable" means made solely of organic substances that break down into a stable product due to the action of bacteria in a controlled, aerobic commercial process that results in a material safe and desirable as a soil amendment meeting the compost quality standards found under WAC 173-350-220 for metals, physical parameters, pathogens, manufactured inert material and other testing parameters set bv the local Health Department.
"Disposable plastic food service ware" means non-recyclable containers, plates, "clamshells," serving trays, meat and vegetable trays, hot and cold beverage cups, and utensils that are made of plastic or plastic-coated paper and intended only for one-time use (including so-called biodegradable products where anv portion is not compostable).
"Food service businesses" means full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, business or institutiona cafeterias, and other businesses, selling or providing food within the Citv of Seattle for consumption on or off the premises.
"Recyclable" means made solely of materials that are capable of being separated from a waste stream by a food service business and made available for collection and delivery to a processor for reuse or remanufacture into the same or other products.
Form Last Revised on December 31,2007
Dick Lilly/DL/mm
SPU Polystyrene Ban and Plastic Food Service Ware ORD July 16, 2008 Version #16
Section 3. Section 21.36.922 of the Seattle Municipal Code is amended as follows:
SMC 21.36.922 Civil infractions.
*******
B. The violation of or failure to comply with anv of the following sections shall be a civil infraction and subject as a Class 1 civil infraction under RCW 7.80.120 to a maximum monetary penalty and default amount of Two Hundred Fifty Dollars ($250.00), not including statutory assessments:
SMC Section 21.36.420 (Unlawful dumping of solid waste)
SMC Section 21.36.084 (Prohibition.on use of expanded polystyrene food service products')'
SMC Section 21.36.086 (Compostable or recyclable food service ware required)
*******
Section 4. To assist implementation of the expanded polystyrene and plastic food service ware bans, SPU will involve a stakeholder group of food service business and environmental interest representatives to complete the following tasks and report to the City Council by December 31,2009:
Develop a report on the availability, cost, and performance of recyclable and compostable alternatives to plastic food service ware.
Develop approaches for businesses to apply their collective buying power to increase the availability of competitively priced recyclable and compostable food service ware.
Section 5. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having
Form Last Revised on December 31, 2007
Dick Lilly/DL/mm
SPU Polystyrene Ban and Plastic Food Service Ware ORD July 16,2008 Version #16
run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, ifthe offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions ofthis ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable.
Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ___/*day of ~\o [ U , 2008, and
signed by me in open session in authentication of its passage this
Form Last Revised on December 31,2007
Dick Lilly/DL/mm
SPU Polystyrene Ban and Plastic Food Service Ware ORD July 16, 2008 Version #16
(Seal)
Form Last Revised on December 31,2007
Dick Lilly/DL
SPU Polystyrene Ban and Plastic Food S. June 2. 2008 Version #8
Form revised February 6,2008
FISCAL NOTE FOR NON-CAPITAL PROJECTS
DOF Analyst/Phone:
1 John McCoy-615.0768
Legislation Title:
AN ORDINANCE relating to the City of Seattle's solid waste system, prohibiting the use of expanded polystyrene food service containers, requiring food service businesses to transition from disposable plastic food service ware to compostable and recyclable alternatives, and amending Seattle Municipal Code Chapter 21.36.
Summary of the Legislation:
This legislation prohibits food service businesses, restaurants of all types, and grocery stores, from using expanded polystyrene (EPS) foam containers, plates, cups, meat trays, egg cartons and so forth, effective Jan. 1,2009. The legislation further requires food service businesses to stop using disposable plastic or plastic-coated paper food service products -trays, plates, "clamshells," cups, utensils and so forth - and change to reusable, compostable or recyclable alternatives by July 1,2010.
Background: (Include brief description of the purpose and context of legislation and include record ofprevious legislation and funding history, if applicable): -
The attached legislation arose from Resolution 30990 which instructed SPU to study the environmental impact of EPS, sometimes referred to by the trade name Styrofoam™, and consider a ban on its use because of its presence in land and marine litter, and persistence in the environment. SPU hired Herrera Environmental Consultants to study EPS and, in addition, the general problem of disposable plastic containers, plates, cups and the like in the food service business. The Mayor and Council President decided, given the information available, that the proper course of action was to issue a ban on the use of EPS food service products effective Jan. 1, 2009, followed by a requirement that food services businesses change entirely from disposable plastic and plastic-coated paper food service products to reusable, compostable, or recyclable products by July 1,2010. Importantly, this policy reinforces the City's programs for reaching its 60 percent recycling goal by increasing the emphasis on food composting.
Please check one of the following:
This legislation does not have anv financial implications. (Stop here and delete the
remainder of this document prior to saving and printing.)
X This legislation has financial implications. (Please complete all relevant sections that follow.)
' Civ i
'¦ xABy
Dick Lilly/DL
SPU Polystyrene Ban and Plastic Food S*. vVare FISCAL June 2,2008 Version #8
Appropriations: This table should reflect appropriations that are a direct result of this legislation. In the event that the project/programs associated with this ordinance had, or will have, appropriations in other legislation, please provide details in the Notes section below.
Fund Name and Number Department Budget Control Level* 2008 Appropriation 2009 Anticipated Appropriation
TOTAL
*See budget book to obtain the appropriate Budget Control Level for your department.
Notes: SPU may seek additional appropriation in the 2009-2010 cycle for outreach, communication and enforcement ofthis ban.
Anticipated Revenue/Reimbursement: Resulting From This Legislation: This table should reflect revenues/reimbursements that are a direct result of this legislation. In the event that the issues/projects associated with this ordinance/resolution have revenues or reimbursements that were, or will be, received because ofprevious or future legislation or budget actions, please provide details in the Notes section below the table.
Fund Name and Number Department Revenue Source 2008 Revenue 2009 Revenue
TOTAL
Notes:
Total Regular Positions Created, Modified, Or Abrogated Through This Legislation, Including FTE Impact: This table should only reflect the actual number of positions affected by this legislation. In the event that positions have been, or will be, created as a result of other legislation, please provide details in the Notes section below the table.
Position Title and Department Position # for Existing Positions Fund Name &# PT/FT 2008 Positions 2008 FTE 2009 Positions* 2009 FTE*
TOTAL
* 2009 positions and FTE are total 2009position changes resulting from this legislation, not incremental changes. Therefore, under 2009, please be sure to include any continuing positions from 2008.
Notes:
SPU may request additional inspection staff in the 2009-2010 budget cycle to conduct field visits to food service businesses affected by the ban on expanded polystyrene food service ware, to ensure compliance, and to provide technical assistance.
• Do positions sunset in the future? (If yes, identify sunset date):
|1010|
Dick Lilly/DL
SPU Polystyrene Ban and Plastic Food S. vVare FISCAL June 2,2008 Version #8
Spending/Cash Flow: This table should be completed only in those cases where part or all of the funds authorized by this legislation will be spent in a different year than when they were appropriated (e.g., as in the case of certain grants and capital projects). Details surrounding spending that will occur in future years should be provided in the Notes section below the table.
Fund Name & # Department Budget Control Level* 2008 Expenditures 2009 Anticipated Expenditures
TOTAL
* See budget book to obtain the appropriate Budget Control Level for your department.
Notes:
What is the financial cost of not implementing the legislation? (Estimate the costs to the City of hot implementing the legislation, including estimated costs to maintain or expand an existing facility or (he cost avoidance due to replacement of an existing facility, potential conflicts with regulatory requirements, or other potential costs ifthe legislation is not implemented.)
The City would continue to face disposal costs for the various plastic and plastic-coated paper food service products, and incur avoidable costs where food waste is landfilled rather than composted. Compostable food service products used in fast food settings increase food waste composting as they allow food waste and containers to be handled together, rather than thrown in the garbage. The current annual cost to the City of collection, recycling, disposal and litter cleanup for the disposable food service items distributed in the city each year is about $620,000. Implementing the legislation may increase the City's costs in the short run for administration and inspection related to the proposed ban. However, these costs will likely be offset by savings from increased composting of food waste rather than landfTlling. These costs and savings are not currently quantified.
What are the possible alternatives to the legislation that could achieve the same or similar objectives? (Include any potential alternatives to the proposed legislation, such as reducing fee-supported activities, identifying outside funding sources for fee-supported activities, etc.)
A voluntary approach could be applied, but this would not achieve the same level of compliance and would likely fall short of the goal of eliminating disposable plastic and plastic-coated paper food service products from the waste stream.
Is the legislation subject to public hearing requirements: (If yes, what public hearings have been held to date, and/or what plans are in place to hold a public hearing(s) in the future.)
No.
Dick Lilly/DL
SPU Polystyrene Ban and Plastic Food S. .c Ware FISCAL June 2,2008 Version ff8
• Other Issues (including long-term implications of the legislation):
During the transition to compostable and recyclable food service products, the City will need to provide technical assistance to smaller, minority, and immigrant-owned food service businesses, possibly helping to establish buying cooperatives so that these businesses can obtain volume pricing on compostable food service products. In the current market, these can cost 5 to 10 cents more than existing EPS products.
The City will also need to work with Cedar Grove Composting and other stakeholders to establish standards for compostability and develop clear identification for approved compostable products through logos and/or color coding so the public cannot mistake such products for others that do not meet the established standard.
Please list attachments to the fiscal note below:
None.
City of Seattle
*^g__\W Gregory J. Nickels, Mayor Office of the Mayor
June 17,2008
Honorable Richard Conlin President
Seattle City Council City Hall, 2nd Floor
Dear Council President Conlin:
I am pleased to transmit the attached proposed Council Bill that would ban the use of expanded polystyrene (EPS) products in the city's restaurants beginning January 1, 2009. The Bill would also require food service businesses to switch to more environmentally friendly compostable and recyclable materials by July 1,2010. By banning EPS (sometimes referred to by the trade name Styrofoam), Seattle would continue its environmental leadership and eliminate throwaway plastic items from the waste stream, reducing both land and marine litter; The requirement that restaurants then switch to compostable or recyclable products, which are a growing part of the food service market, would also discourage the use of other disposable plastic and plastic-coated paper products that are common today.
This legislation arose from recommendations in the study of EPS food containers and disposable shopping bags called for by Resolution 30990 last July. In that study, Herrera Environmental Consultants found that along with EPS, the disposable plastic and plastic-coated paper products used in the food service industry have significant environmental impacts. Those impacts could be reduced by replacing these plastic products with more environmentally friendly compostable and recyclable alternatives. It is encouraging that compostable versions of all kinds of food service items - from "clamshells" and plates, to cups and utensils - are already appearing in the market During the two-year transition to these new products, Seattle Public Utilities (SPU) will provide technical assistance to restaurants, helping them buy the products at the lowest possible cost. SPU will also assist restaurants in maximizing their recycling and composting of food waste.
Passage of this legislation will contribute toward elimination of wasteful and environmentally harmful disposable plastics in the food service industry, and reduce solid waste disposal costs at the same time. Thank you for your consideration of this legislation. If you have questions, please contact Dick Lilly at 605-0706.
600 Fourth Avenue, 7A Floor, P.O. Box 94749, Seattle, WA 98124-4749 Tel: (206) 684-4000, TDD: (206)615-0476 Fax: (206) 684-5360, Email: mayors.office@seattle.gov An equal employment opportunity, affirmative action employer. Accommodations for people with disabilities provided upon requlfijtv
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Chicago City Council Co-Sponsor Form
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Co-Sponsor Form OCC 9 2016