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RESOLUTION 2008-082 <br />A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS <br />SUPPORTING EXTENDED PRODUCER RESPONSIBILITY <br />WHEREAS, on February 8, 2006 California's Universal Waste Rule (CCR, Title 22, Division <br />4.5, Chapter 23) became effective; and <br />WHEREAS, the Universal Waste Rule bans landfill disposal of certain products that are deemed <br />hazardous, including household batteries, fluorescent bulbs and tubes, thermostats and other items that <br />contain mercury, as well as electronic devices such as video cassette recorders, microwave ovens, cellular <br />phones, cordless phones, printers, and radios; and <br />WHEREAS, it is anticipated that the list of Universal and other waste products determined to be <br />hazardous and therefore banned from landfills will continue to grow as demonshated by the upcoming <br />ban of sharps waste into the .municipal solid waste stream or any container used for recyclable materials, <br />in September 2008; and <br />WHEREAS, state policies currently make local governments responsible for achieving waste <br />diversion goals and enforcing product disposal bans, both of which are unfunded mandates; and <br />WHEREAS, local governments have no input on the design of the products, make no profit from <br />the products, and do not have the resources to adequately address the rising voh~me of discarded products; <br />and <br />WHEREAS, costs paid by local governments to manage products are in effect subsidies to the <br />producers of hazardous products and products designed for disposal; and <br />WHEREAS, assuming a 50% recovery rate, collecting and disposing of products currently <br />banned from the landfills could cost local jurisdictions in Santa Clara County an estimated additional $3 <br />million each year; and <br />WHEREAS, when additional products are declared as hazardous by the State, the burden to <br />manage these items will fall to local jurisdictions; and <br />WHEREAS, there are significant environmental and' human health impacts associated with <br />improper management of Universal Waste products,. including mercury, lead, cadmium and other toxic <br />chemicals that when disposed of improperly can contaminate water supplies; and <br />WHEREAS, Extended Producer Responsibility (EPR) is a policy approach in which producers <br />assume responsibility for management of waste products and which has been shown to be effective; and <br />WHEREAS, when producers are responsible for ensuring their products are reused or recycled <br />responsibly, and when health and environmental costs ace included in the product price, there is an <br />incentive to design products that are more durable, easier to jā€¢epair and recycle, and less toxic; and <br />WHEREAS, EPR framework legislation establishes transparent and fair principles and <br />procedures for applying EPR to categories of products for which improved design and management <br />infrastructure is in the public interest; and <br />WHEREAS, the Town Council of Los Gatos supports statewide efforts to hold producers <br />responsible for Universal Waste products and other product waste management costs; and <br />WHEREAS, the Town of Los Gatos wishes to incorporate EPR policies into the Town's product <br />procurement practices to reduce costs and protect the environment; and <br />