05 Staff Report - Extended Producer Responsibility~pW N F
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COUNCIL AGENDA REPORT
DATE: JUNE 6, 2008
TO:
FROM
SUBJECT
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 6/16108
ITEM NO: 5
ADOPT RESOLUTION SUPPORTING "EXTENDED PRODUCER
RESPONSIBILITY" A STATE-WIDE EFFORT AIMED AT SHIFTING
RESPONSIBILITY FOR PRODUCER WASTE FROM GOVERNMENT TO
INDUSTRY.
RECOMMENDATION:
Adopt resolution supporting "Extended Producer Responsibility" a state-wide effort aimed at
shifting responsibility for producer waste from government to industry.
BACKGROUND:
Extended producer responsibility (EPR) is a strategy designed to promote the integration of
enviromnental costs associated with products throughout their life cycles into the market price of
the products. This means that firms that manufacture, import and/or sell products and packaging
are required to be financially or physically responsible for such products after their useful life.
Simply put, EPR shifts responsibility for waste from govermment to private industry.
The California Product Stewardship Council and the County of Santa Clara have requested that
the Town adopt the attached resolution. Seven other Santa Clara County cities have adopted the
resolutions supporting Extended Producer Responsibility.
DISCUSSION:
On February 8, 2006, California state law tools effect, making it illegal to dispose items defined
as "universal waste," including household batteries, fluorescent bulbs or tubes, thermostats, other
items containing mercury, as well as electronic devices including VCRs, microwaves, cellular
phones, cordless phones, printers, and radios. It is anticipated that the list of universal and other
PREPARED BY
Regina A.-
Common rvices Director
Reviewed by: _~Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION SUPPORTING "EXTENDED PRODUCER
RESPONSIBILITY"
JUNE 16, 2008
wastes products that have been banned from landfills will continue to grow as demonstrated by
the upcoming ban of sharp waste (medical needles) in September 2008.
Significant environmental and human health impacts are associated with improper management
of universal waste products, including mercury, lead calcium, and other toxic chemicals that
when disposed of improperly can contaminate water supplies. When producers are responsible
for ensuring their products are reused or recycled responsibly, and when health and
environmental costs are included in the product price, there is an incentive to design products
that are more durable, easier to repair and recycle, and less toxic.
Adopting the proposed Extended Producer Responsibility (EPR) resolution calls on state
government to pass producer responsibility legislation that gives incentives for redesign of
products, making them less toxic, urges the Town Council to send letters of support for EPR
legislation, and encourages support for EPR legislation beyond universal wastes.
The League of California Cities has also adopted the following policy recommendation from the
League's Environmental Quality Committee:
"The League supports legislation implementing producer responsibility. This includes, but is not
limited to, mandating or providing incentives, including funding for comprehensive producer
responsibility programs for hazardous and universal wastes and products and packaging for
which disposal or recycling is problematic for local governments."
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
There is no immediate fiscal impact to the Town resulting in adoption of the Extended Producer
Responsibility resolution. Cost savings may be realized in the future by avoiding costs of
collection and disposal of universal and other potential hazardous wastes.
Attachments:
Draft resolution supporting Extended Producer Responsibility
Di ctri htiti on
1. Kelly Carroll, Urban Runoff Program Manager, West Valley Clean Water Program
2. Heidi Sanborn, Executive Director, California Stewardship Council
3. Rob Darcy, County of Santa Clara Hazardous Waste Recycling and Disposal Program
CADocuments and SettingsllseastromWesktop\Hxtended Producer.doc
RESOLUTION NO.
Attachment 1
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATO,S
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
demonstrated 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 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, 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 assrune 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 enviromnental costs are included in the product price,
there is an incentive to design products that are more durable, easier to repair and recycle, and
less toxic; and
Attachment 1
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 easier 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-material products that are difficult to recycle.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, State of
California, on the 16 1h day of June, 2008 by the following vote:
AYES :
NOES :
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
Barbara Spector, Mayor
Jackie Rose, Clerk Administrator