2008-082-Supporting Extended Producer ResponsibilityRESOLUTION 2008-082
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SUPPORTING EXTENDED PRODUCER RESPONSIBILITY
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 demonshated by the upcoming
ban of sharps waste into the .municipal solid waste stream or any container used for recyclable materials,
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, 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 voh~me 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, assuming a 50% recovery rate, collecting and disposing of products currently
banned from the landfills could cost local jurisdictions in Santa Clara County an estimated additional $3
million each year; and
WHEREAS, when additional products are declared as hazardous by the State, the burden to
manage these items will fall to local jurisdictions; and
WHEREAS, there are significant environmental and' human health impacts associated with
improper management of Universal Waste products,. including mercury, lead, cadmium and other toxic
chemicals that when disposed of improperly can contaminate water supplies; 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 ace included in the product price, there is an
incentive to design products that are more durable, easier to j•epair 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 Town Council of Los Gatos supports statewide efforts to hold producers
responsible for Universal Waste products and other product waste management costs; and
WHEREAS, the Town of Los Gatos wishes to incorporate EPR policies into the Town's product
procurement practices to reduce costs and protect the environment; and
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Los Gatos
urges our representatives in Sacramento to pursue statewide extended producer responsibility legislation
that will give incentive for the redesign of products to make them less toxic and easiej• to recycle, and
shift the cost for recycling and proper disposal of products from the local government to the producer and
distributor of the product; and
BE IT FURTHER RESOLVED, that the Mayor of the Town Council of the Town of Los Gatos
be authorized to send letters to the League of California Cities, the California Integrated Waste
Management Board, and the State legislature and to use other advocacy methods to urge support for EPR
legislation; and
BE IT FURTHER RESOLVED, that the Town Council of the Town of Los Gatos will continue
to support extended producer responsibility initiatives and statewide legislation beyond universal waste to
cover areas including other hazardous products, bulky packaging, and items like plastics and multi-
matei•ial products that are difficult to recycle.
PASSED AND ADOPTED by the Town Cotmcil of the Town of Los Gatos, State of California,
on the 16`x' day of June, 2008 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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IrE.L~I OF THE TOWN OF LOS. GATOS
LOS GATOS, CALIFORNIA