Exhibit A of Attachment 1 - Part 560 — Authors and Consultants
SECTION 6.0 AUTHORS AND CONSULTANTS
Authors: City of San Jose
Department of Environmental Services
Kerrie Romanow, Director of Environmental Services
Paul Ledesma, Supervising Environmental Services Specialist
Ella Samonsky, Associate Environmental Services Specialist
Department of Planning, Building and Code Enforcement
Joseph Horwedel, Director of Planning, Building and Code Enforcement
John Davidson, Senior Planner
Consultants: David J. Powers & Associates, Inc.
Environmental Consultants and Planners
Nora Monette, Principal Project Manager
Akoni Danielsen, Principal Project Manager
Matthew Gilliland, Assistant Project Manager
Zachary Dill, Graphic Artist
EPS Foam Food Ware Ordinance Initial Study
City of San ]os8 140 July 2013
Appendix A
A -1: City of San Jose Draft Ordinance
A -2: City of Sunnyvale Draft Ordinance
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DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE
AMENDING CHAPTER 9.10 OF TITLE 9 OF THE SAN
JOSE MUNICIPAL CODE TO ADD A NEW PART 17 TO
PROHIBIT THE USE OF POLYSTYRENE FOAM
DISPOSABLE FOOD SERVICE WARE BY FOOD
VENDORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Chapter 9.10 of Title 9 of the San Jose Municipal Code is hereby
amended by adding a new Part to be numbered and entitled and to read as follows:
Part 17
Polystyrene Foam Disposable Food Service Ware
9.10.3200 Definitions.
The definitions set forth in this Section shall govern the application and interpretation of
this Part 17.
A. "Director" means the director of the environmental services department or his or
her designee.
B. "Disposable food service ware" means single -use disposable products used in
the restaurant and food service industry for serving or transporting prepared
foods and includes, but is not limited to, plates, cups, bowls, trays, and hinged or
lidded containers, also known as clamshells. Disposable food service ware does
not include straws, utensils or drink lids.
C. "Food vendor" means any establishment located in the City of San Jose that sells
or otherwise provides prepared food for consumption on or off its premises, and
includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee
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shop, cafeteria, caterer, convenience store, liquor store, grocery store,
supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand.
D. "Large food vendor" means a food vendor that is part of a chain or franchise of
food vendors that have the same name, are substantially identical, and operate
in more than one state.
E. 'Polystyrene foam" means the thermoplastic petrochemical material utilizing a
styrene monomer and processed by any number of techniques, including but not
limited to, fusion of polymer spheres (expandable bead polystyrene), injection
molding, form molding, and extrusion -blow molding (extruded foam polystyrene).
The term `polystyrene foam" also includes polystyrene that has been expanded
or blown using a gaseous blowing agent into a solid foam (expanded
polystyrene). Polystyrene foam does not include clear or solid polystyrene known
as oriented polystyrene that has not been expanded or blown using a gaseous
blowing agent.
F. "Prepackaged food" means properly labeled processed food sold or otherwise
provided by a food vendor that arrives at the premises of the food vendor in a
container or wrapper in which the food is wholly encased, enclosed, contained or
packaged and is not removed from such container or wrapper (other than an
outer container or wrapper that encases, encloses, contains or packages multiple
units of the food) before its sale or provision at the premises.
G. 'Prepared food" means food or beverages that are serviced, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared.
Prepared food does not include uncooked eggs, fish, meat or poultry unless
provided for consumption without further food preparation.
H. "Small food vendor" means a food vendor that is not a large food vendor.
9.10.3210 Polystyrene Foam Disposable Food Service Ware Prohibited
A. By January 1, 2014, no large food vendor shall sell or otherwise provide
prepared food in polystyrene foam disposable food ware service.
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B. By January 1, 2015, no small food vendor shall sell or otherwise provide
prepared food in polystyrene foam disposable food ware service.
C. The prohibitions in paragraphs A and B do not apply to prepackaged food.
9.10.3220 Exemptions
A. Undue hardship. The director may exempt a food vendor from the prohibitions in
Section 9.10.3210 on a case -by -case basis for undue hardship. For purposes of
this Section, "undue hardship" means (1) situations unique to the food vendor
where a suitable alternative to polystyrene foam disposable food service ware
does not exist for a specific application; and /or (2) situations where no
reasonably feasible available alternative exists to a specific and necessary
polystyrene foam product prohibited by this part.
B. Financial hardship. The director may exempt a food vendor from the prohibitions
in Section 9.10.3210 on a case -by -case basis for financial hardship. For
purposes of this Section, "financial hardship" means a food vendor has been
granted a financial hardship exemption from the payment of business license
taxes from the director of finance pursuant to Section 4.76.345 of this code for
the calendar year in which the vendor applies for an exemption from the
provisions in Section 9.10.3210.
C. Exemption request.
1. A food vendor seeking an exemption for undue hardship or financial
hardship shall submit a written exemption request to the director. The
written exemption request shall include all information and documentation
necessary for the director to make a finding that imposition of this part
would cause an undue hardship or financial hardship as defined in this
Section. For purposes of documenting a financial hardship, a food vendor
must provide evidence that it has been granted a financial hardship
exemption from the city's director of finance pursuant to Section 4.76.345
of this code.
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2. The director may require the applicant to provide additional information in
order to make a determination regarding the exemption request.
3. The director may grant an exemption request in whole or in part, with or
without conditions, for a period of up to one year upon a finding that a food
vendor seeking the exemption has demonstrated that strict application of
the prohibitions in Section 9.10.3210 would cause undue hardship or
financial hardship as defined in this Section.
4. If a food vendor who has been granted an exemption wishes to have the
exemption extended, the vendor must re -apply for the exemption thirty
(30) days prior to the expiration of the exemption and demonstrate
continued undue hardship or financial hardship. Extensions may be
granted for a period not to exceed one year.
5. Exemption decisions are effective immediately and are final and not
subject to appeal.
SECTION 2. This ordinance shall be effective on January 1, 2014.
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PASSED FOR PUBLICATION of title this day of 2013, by the
following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
CHUCK REED
Mayor
ATTEST:
TONI J. TABER, CMC
Acting City Clerk
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Chapter 5.39
ENVIRONMENTALLY ACCEPTABLE FOOD CONTAINERS AND SERVICE WARE
Sections:
5.39.010 Definitions
5.39.020 Polystyrene foam food containers and service ware prohibited
5.39.030 Exemptions
5.39.040 Violations
5.39.010. Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have
the meanings set forth below:
(a) "Customer" means a person obtaining prepared food from a food provider.
(b) "Food container" means a container that is used, or is intended to be used, to hold
prepared food. "Food container" includes, but is not limited to, a cup, bowl, plate, tray, carton,
or clamshell container that is intended for single use.
(c) "Food provider" means any vendor, business, organization, entity, group or
individual located in the city of Sunnyvale that offers food or beverages to the public for
consumption on or off premises, regardless of whether there is a charge for the food. "Food
provider" includes, but is not limited to, restaurants, retail food establishments, caterers,
cafeterias, stores, shops, sales outlets, grocery stores, delicatessens, itinerant restaurants,
pushcarts, and vehicular food vendors.
(d) "Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks,
spoons, knives, napkins, trays, and other items primarily designed for use in consuming food.
(e) "Polystyrene foam" means a container made of blown polystyrene, and expanded
and extruded foams (sometimes called StyrofoamTM) which are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by any number of techniques including, but
not limited to, fusion of monomer spheres (expanded bead polystyrene), injection molding, foam
molding, and extrusion -blown molding. (extruded foam polystyrene), which is used, or is
intended to be used, to hold prepared food.
(f) "Prepared food" means any food, including beverages, that is served, packaged,
cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for
consumption, including but not limited to ready -to -eat and takeout food.
(g) "Vendor" means any store or business which sells or offers goods or merchandise,
located or operating within the City of Sunnyvale.
5.39.020 Polystyrene foam containers and service ware prohibited.
(a) On or after , 2013, a food provider shall not dispense prepared food to a
customer in a polystyrene foam food container.
(b) On or after , 2014, polystyrene foam food containers and polystyrene
foam food service ware shall not be sold or provided by any vendor in the City of Sunnyvale.
5.39.030. Exemptions.
The following are exempt from the provisions of this Chapter:
(a) Raw eggs and raw, butchered meat, fish, or poultry that is sold from a butcher
case or a similar retail appliance.
(b) A food provider may dispense prepared food to a customer using polystyrene
foam containers if that food provider demonstrates, in writing, to the satisfaction of the director
of environmental services that compliance with the provisions of this Chapter will impose a
unique problem, not generally applicable to other persons in similar circumstances, that will
result in an undue economic hardship. The director of environmental services shall put the
decision to grant or deny an exemption in writing and may exempt the food vendor pursuant to
this subdivision until 2014, or not more than one year from the date of the
demonstration, whichever date is sooner. The Director's decision shall be final.
5.39.040. Violations.
(a) The director of environmental services has primary responsibility for enforcement
of this chapter. The director of environmental services is authorized to promulgate regulations
and to take any and all other actions reasonable and necessary to enforce this chapter, including,
but not limited to, investigating violations, issuing fines and entering the premises of any store
during business hours.
(b) If the director of environmental services determines that a violation of this chapter
has occurred, he or she will issue a written warning notice to the operator of the vendor or food
provider that a violation has occurred and the potential penalties that will apply for future
violations.
(c) Any vendor or food provider that violates or fails to comply with any of the
requirements of this chapter after a written warning notice has been issued for that violation shall
be guilty of an infraction.
(d) If a vendor or food provider has subsequent violations of this chapter that are
similar in kind to the violation addressed in a written warning notice, the following penalties will
be imposed and shall be payable by the operator:
(1) A fine not exceeding one hundred dollars for the first violation after the
written warning notice is given;
(2) A fine not exceeding two hundred dollars for the second violation after the
written warning notice is given; or
(3) A fine not exceeding five hundred dollars for the third and any subsequent
violations after the written warning notice is given.
(e) A fine shall be imposed for each day a violation occurs or is allowed to continue.
(f) All fines collected pursuant to this chapter shall be deposited in the Wastewater
Management Fund of the department of environmental services to assist the department with its
costs of implementing and enforcing the requirements of this chapter.
(g) Any vendor or food provider who receives a written warning notice or fine may
request an administrative review of the accuracy of the determination or the propriety of any fine
issued, by filing a written notice of appeal with the director of environmental services no later
than thirty days after receipt of a written warning notice or fine, as applicable. The notice of
appeal must include all facts supporting the appeal and any statements and evidence, including
copies of all written documentation and a list of any witnesses, that the appellant wishes to be
considered in connection with the appeal. The appeal will be heard by a hearing officer
designated by the director of environmental services. The hearing officer will conduct a hearing
concerning the appeal within forty -five days from the date that the notice of appeal is filed, or on
a later date if agreed upon by the appellant and the city, and will give the appellant ten days prior
written notice of the date of the hearing. The hearing officer may sustain, rescind, or modify the
written warning notice or fine, as applicable, by written decision. The hearing officer will have
the power to waive any portion of the fine in a manner consistent with the decision. The decision
of the hearing officer is final and effective on the date of service of the written decision, is not
subject to further administrative review, and constitutes the final administrative decision
Appendix B
Baseline Estimates
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BASELINE ESTIMATES OF
DISPOSABLE POLYSTYRENE FOAM FOOD WARE CONTAINER USE
IN THE PROJECT AREA
Prepared by
David J. Powers & Associates, Inc.
For
City of San Jose
July 2013
ENVIRONMENTAL BASELINE
The project proposes to ban the use of expanded or extruded polystyrene (EPS) foam food service
ware by restaurants and food service establishments within participating jurisdictions in Santa Clara
County. Foam food service ware products generally include hot and cold cups, plates, clamshells,
and in some cases food trays.1 Some jurisdictions may also choose to adopt ordinances restricting
EPS foam foodservice ware sales in stores and retail outlets. A restriction on sales of EPS foam
coolers or ice chests could also be included in ordinances adopted by participating jurisdictions.
The California Environmental Quality Act (CEQA) requires that environmental analysis identify the
impact of a proposed project upon the existing physical conditions `on the ground ". "Existing
conditions" is usually defined as conditions that exist when the environmental analysis begins. The
environmental analysis for this project was undertaken in Spring 2013. Data available in the Spring
of 2013 from prior years therefore defines the baseline period for this environmental analysis.
1.0 Baseline EPS Foam Food Ware Use
EPS foam is one of a number of materials used to manufacture disposable or single -use food service
ware. Precise information on the number of EPS foam cups, plates, clamshells and food trays used
or distributed within the project area (i.e., within each jurisdiction or cumulatively across Santa Clara
County) is not readily available from government agencies or other independent sources. In the
absence of precise data, an estimate for the project area can be derived in several ways, as discussed
below. The following discussion summarizes estimated baseline use projected from readily available
information on EPS foam food service ware 1) manufacture, 2) occurrence in the waste disposal
stream and 3) as litter. Where information is for larger sample areas (e.g., national or state) estimates
are presented on a per capita basis. For smaller sample areas (e.g., an individual city or town),
projected baseline rates are adjusted on a per capita or per service population (residents + employees)
basis to reflect the influence of both residents and the daytime population of employees.1.1
Baseline Estimates Based on EPS Foam Food Ware Production
In a 2004 report to the California State Legislature, the California Integrated Waste Management
Board (now CalRecycle) estimated the statewide annual amount of polystyrene production and sales
for various categories.' In terms of market share, an estimated 156,829 tons of EPS were used in
consumer and institutional settings, This category includes: disposable food serviceware (including
disposable cups) and a range of other goods such as dinner and kitchenware, toys, sporting goods,
household and institutional refuse bags and film, personal care items, healthcare and medical
products, hobby and graphic arts supplies (including photographic equipment and supplies), apparel,
A clamshell is a foldable, closable container that holds food ranging from sandwiches to take-out dinners.
'California Integrated Waste Management Board. 2004. Use and Disposal of Polystyrene in California A Report to
the California Legislature. December 2004.
Appendix B 1 Environmental Baseline
footwear, luggage, buttons, lawn and garden tools, signs and displays and credit cards. It is
important to note that not all of the polystyrene included in this estimate would be foamed or
expanded polystyrene. These estimates were based on an extrapolation of California's share of a
larger market in the 2002 Edition of The Resin Review: The Annual Statistical Report of the U.S.
Plastics Industry prepared by the American Chemistry Council. Using 2000 census figures, annual
per capita use of all polystyrene in a consumer and institutional settings in California would be about
9.3 pounds per person.' The percentage of food ware that makes up this category was not specified
and therefore, is unknown.
In the 2012 Edition of The
Resin Review, total sales of
polystyrene to the NAFTA
region (Canada, Mexico,
and the United States) were
listed as 4.7 billion pounds
in 2011.4 This total
includes all types of
polystyrene and is not
limited to EPS foam.
2011 POLYSTYRENE (PS) SALES
(U.S., CANADA, AND MEXICO)
Source: American Chemistry Council. 2012 Resin Review.
Food packaging and food service and expandable polystyrene (EPS) sales categories were tabulated
in the 2012 Resin Review, however, there was not a standalone category of single -use EPS food
ware. Total sales of EPS in 2011 in the NAFTA region was 821 million pounds (about 1.8
pounds /capita), however, this amount includes exports and products other than food ware.
In comparison, EPS sales in 2010 for just the United States and Canada, were 782 million pounds, or
about 2.3 pounds /capita. The percentage of EPS as a proportion of total polystyrene resin sales was
about the same (15 percent).
The statistics included in the 2012 Resin Review also included data for 2007 -2010 for distribution in
Canada and the United States and for 2011 in the NAFTA region. Using a similar technique of
adjusting values to reflect California's share based upon U.S. Census data as in the 2004 report to the
California Legislature, the distribution to the major market of Consumer and Institutional uses is
shown in Table B -1. For the most recent year with production data for the U.S. and Canada (2010),
'Based upon U.S. Census Bureau data, California's population on April 1, 2000 was about 33,871,648 persons.
4 American Chemistry Council. 2012. The Resin Review (The Annual Statistical Report ofthe North American
Plastics Industry. 2012 Edition.
Appendix B 2 Environmental
the production data on a per capita basis for the Consumer and Institutional Market would be about
seven (7) pounds of EPS per capita.'
A challenge with obtaining or using information based upon EPS foam food ware production is that
information is generally collected by research firms or trade organizations on a fee basis and based
upon confidential reporting. As noted in a recent report prepared by MB Public Affairs on EPS foam
food ware use in New York City, food service ware sales (in dollars) were estimated from the
confidential sales information provided from industry sources.'
Table B -1
Distribution of Polystyrene Resin to Consumer and Institutional Market
millions of pounds)
2007
2008
2009
2010
2011
Canada &
3,028
2,851
2,647
2,376
United States
Canada,
Mexico and
2,518
United States
California
333
314
291
261
209
Santa Clara
16
15
14
12
10
County
Notes: California makes up about 12 percent of the population of the United States and about 11 percent of the
combined populations of the United States and Canada based U.S. and Canadian census values. California made
up about eight (8) percent of the population of the United States, Canada, and Mexico in 2011.
The combined population of the United States and Canada in 2010 was about 342 million people. The combined
population of the United States, Canada and Mexico ( NAFTA) was about 450 million people.
Santa Clara County's population was about 4.8 percent of the total population of the State of California during
this period. Population estimates for Santa Clara County for the period of 2007 -2011 are from the California
Department of Finance.
Based upon a review of the categories for polystyrene resin sales and production in the 2012 Edition
of The Resin Review, the baseline use of EPS foam food ware could range from about 1.8 pounds per
capita to a high of about seven (7) pounds per capita.
5 The production estimates for 2011 in the 2012 report, which include the entire NAFTA area, increased by
approximately six (6) percent from 2010 when the survey area was the United States and Canada. The additional
population of Mexico represents about 24 percent of the population of the United States, Canada and Mexico (the
NAFTA area). Since the increase in production for the larger area does not appear proportional to the increase in
population and this is the first year of reporting, the 2010 estimate likely is a more representative value for
California on a per capita basis.
6 MB Public Affairs. 2013. Fiscal & Economic Impacts of a Ban on Plastic Foam Foodservice and Drink
Containers in New York City. March 2013. Accessed April 19, 2013. Available at:
<htti) / /www ornewswire com/ news - releases -test/ new - study- details- economic - and - environmental - costs- of -nvc-
polystvrene- ban- 199167951.html >. Estimates of use by number of units or by weight were not provided in this
economic study.
I State of California, Department of Finance, E -8 Historical Population and Housing Estimates, 2000 -1010 Report,
by Year. Sacramento, California, November 2012.).
Appendix B 3 Environmental Baseline
1.2 Baseline Estimates Based on Waste Characterization and Litter Studies
1.2.1 EPS Foam Food Ware in Solid Waste
Waste characterization studies that cover some or all of the project area include both statewide
studies and studies conducted within the Cities of San Jose, Sunnyvale, Mountain View and Palo
Alto. EPS foam food ware is a component of solid waste in the plastics category.
Statewide Waste Characterization
The State of California periodically completes waste characterization studies to assist with the
implementation of waste management strategies, including waste diversion programs, improvement
of existing programs, and measures to reduce greenhouse gas emissions. The most recent statewide
surveys were completed in 2008.8
Material Classes in California's Overall Disposed Waste Stream (2008)
Source: CIWMB. 2009. 2008 Statewide Waste Characterization Study
By weight, plastics are not in the top ten types of materials disposed of in California. PS foam food
ware would generally be placed in one of two subcategories: #347 Other Containers or Remainder/
Composite Plastic. These subcategories include other materials such as bottles for salad dressings
and vegetable oils, flexible and brittle yogurt cups, egg and other food trays, and plastic strapping
that would not be limited by the ordinance. An estimated 163,008 tons of #347 Other Containers
and 1,104,719 tons of Remainder /Composite Plastic was disposed of in 2008. Single use EPS foam
food ware uses statewide would be a subset of these two subclasses, however, as these categories
a CIWMB. 2009. California 2008 Statewide Waste Characterization Study. Prepared by Cascadia Consulting
Group. Available at: a htto:// www. calrecycle. ca. gov/WasteChar /WasteStudies.htm>
Environmental Baseline
include a wide range of other items and EPS foam is relatively light, a meaningful estimate of EPS
foam food ware use cannot be made from this data.
2008 Waste Characterization Study for the City of San Jose
A waste characterization study for the residential and commercial sectors was conducted in the City
of San Jose in March 2008.9 Unlike the 2008 statewide survey, expanded polystyrene was
specifically assessed. In the 2008 San Jose study the polystyrene subcategory includes food and non-
food containers and packing materials. Examples included cups and plates, egg cartons, foam
packing, meat trays, packing "peanuts," take -out and other food and beverage containers. A total of
1,011 tons (0.1 percent of the total) were generated by the residential sector citywide and 1,610 tons
were generated by the commercial sector. These values would include some materials such as egg
cartons, foam packing, meat trays and packing peanuts that would not be covered by the proposed
ordinance. The study also noted that 563 tons of polystyrene was recycled; this would not include
single use EPS foam food ware.
Based on this waste characterization study, an estimate of EPS foam food ware use (not accounting
for materials improperly disposed of as litter and not collected) would be up to 2,621 tons, or 5.3
pounds per capita and 3.9 per service population.10 This estimate could be a conservatively high
value for EPS food ware use as the total expanded polystyrene subcategory includes some items,
such as egg cartons and packing material, not effected by the model ordinance.
2010 Waste Characterization for Sunnyvale and Mountain View
A 2010 waste characterization report found that EPS 11 food packaging makes up an estimated 689
tons per year of waste transferred to the landfill from the cities of Sunnyvale and Mountain View
after materials recovery at the Sunnyvale Materials Recovery and Transfer Station (SMaRT
Station®). This is about 0.5 percent of the total waste disposed.12 The EPS food packaging
subcategory specifically included clamshells, cups, plates, and bowls. This represents approximately
6.4 pounds per year per capita or 4.1 pounds per year per service population of the two cities.) s
B Cascadia Consulting Group. 2008. City of San Jose Waste Characterization Study Final Report - DRAFT
May 2008.
1e Based upon an estimated population of 985,307 and a service population of 1,354,757 (985,307 residents plus
369,450 jobs) for the City of San Jose in 2008. (Source: City of San Jose. 2010. Envision San Jose 2030 General
Plan Final Program EIR).
11 Note: In some studies, the term EPS refers to all PS foam food ware, both expanded (e.g., cups) and extruded
foam (e.g., plates and clamshells). Unless otherwise noted, EPS categories in waste categorization studies includes
both types of PS foam food ware.
11 City of Sunnyvale. 2010. City of Sunnyvale Waste Characterization Report. Prepared by Cascadia Consulting
Group. November 2010.
13 Based upon a combined population for the cities of Sunnyvale and Mountain View in 2010 of 214,147 persons
and a service population of 337,147 (jobs + residents. (Sources: 2010 Census data and Association of Bay Area
Governments. 2013. Draft Plan Bay Area: Draft Forecast of Jobs, Population and Housing. March 2013)
Appendix B 5 Environmental Baseline
The report also included waste survey estimates for the City of Sunnyvale alone. EPS food
packaging in the waste stream was estimated at 314 tons, or 29 pounds per year per service
population (140,081 residents + 75,000 jobs).
Other Waste Characterization or Use Studies
A recent waste characterization study completed for the City of Palo Alto sampled waste materials
taken to the SMaRT Station® in the City of Sunnyvale in 2012. EPS foam (EPS) materials made up
114.3 tons or approximately 0.4 percent of waste materials from the City overall 14. This waste
characterization was completed at a time that the City's existing ordinance on foam food ware was in
place. Unlike the 2010 waste categorization for Sunnyvale and Mountain View, this study did not
separate EPS packaging from food ware and by definition included drinking cups, egg cartons, meat
trays, packing blocks, packing peanuts, plates and bowls, and take -out containers. Sources of EPS
materials in the waste stream could include allowed meat trays and containers used in residences or
for food purchased outside the City. Some, but an undetermined amount of EPS materials estimated
in this study would be effected by implementation of an ordinance in neighboring cities or adoption
of a limit on sales of empty containers or EPS foam ice chests in the City.
Limited user surveys have been undertaken in the City of Milpitas and unincorporated Santa Clara
County of businesses that use single -use disposable food containers. In a survey of 25 businesses in
the City of Milpitas, about one -half (13) used EPS foam food containers. Of the businesses that use
polystyrene take -out containers, the majority estimated use of more than 2,000 pieces per month of
clamshells, soup cups with lids, hot drink cups, cold drink cups, plates, and other products. 15 An
estimate of monthly use by food service businesses was not projected citywide, however.
The County of Santa Clara survey results were also limited by sample size and are discussed under
Baseline Estimates Used in Other Environmental Review, below.
1.2.2 EPS Foam Food Ware in Litter
Litter is waste that is improperly discarded. Due to the aesthetic, health, and environmental effects of
litter, a number of organizations and government agencies track and characterize trends in litter
generation, human behavior, and fate in the environment. The following section reviews some of the
results of litter studies, as they apply to the estimation of EPS foam food ware use and contribution to
litter in the project area.
It is important to note that it is difficult to document and categorize litter because it is the result of
human behavior (frequently impulsive behavior) and littered materials are operated on by various
environmental factors, such as wind, sunshine, and rain. It is also difficult to compare study results
because there is no one standardized methodology that is appropriate for studies in all environments
(e.g., streets, highways, parks, waterways, and shorelines). Comparisons are further complicated by
14 Cascadia Consulting Group. 2013. Waste Characterization Report City ojPalo Alto.
" Cascadia Consulting Group. 2011. Expanded Polystyrene Food Service Take -Out Container Study. Prepared for
the City of Milpitas. April 26, 2011.
Appendix B 6 Environmental Baseline
different systems or categories used to identify the materials that are littered. For example, EPS
foam food ware is a type of plastic and may not be counted separately from other plastics or
miscellaneous categories.
National Litter Generation Studies and Review
Keep America Beautiful is a national organization that has
funded a number of studies that characterize quantities, types,
and location of litter. In a recent fact sheet, it was noted that
litter is often discarded at transition points where pedestrians
consuming a food (or tobacco products) discard the product
before entering. 16 In addition to being found along roadways,
litter also collects in storm drains, loading docks, recreation
areas, near construction sites and in retail districts. A 2009
study estimated that 4,660,930 tons of litter is collected
annually nationwide by cities, counties, state government,
educational institutions and businesses. 17 On a per capita basis,
this would be about 30 pounds of litter per person.
In a 2012 study underwritten by the American Chemistry
Council Plastics Foodservice Packaging Group, Environmental
Resources Planning LLC summarized the results of a number
of litter characterization studies, including one from San Jose
that recorded amounts of polystyrene foam food service
products in urban street litter. A median value of 1.5 percent of
"large" litter's (by count) was reported to be EPS foam food
ware, based upon 19 surveys between 1994 and 2008 in
jurisdictions in the United States and Canada.
The 2009 San Jose study of litter "hot spots" reported 2.3
percent of litter was polystyrene foam food ware, which was
higher than a number of the other studies and the median value.
About 0.8 percent EPS foam food ware (of total large litter)
was also listed for a 2008 San Jose street litter audit. EPS
foam food ware reported in the small litter category was less
than the large litter category. Only studies that use techniques
of characterizing EPS foam litter by count, rather than volume
or weight were reviewed as the author opined that counts are
Methods of Measuring Litter in the
Environment
Several different metrics are used in
litter or trash assessments and in
some cases more than one type of
measurement is used to meet the
goals or purpose of the assessment.
Counts of "large" or "small' litter
by category or type of material have
been chosen as an appropriate metric
for a number of street and roadway
litter studies. Other ways to assess
quantities of litter on streets or in
waterways include by weight and by
volume. Characterizing litter by
weight can distort the proportion of
each litter type by heavy items, such
as wood, metal, and containers with
liquids, though it provides
information that is of interest in
terms of litter collection, in terms
most people can understand. For a
recent estimate of trash loading in
stormwater runoff in the South Bay
Area, the Santa Clara Valley Urban
Runoff Pollution Prevention
Program (SCVURPPP) chose to
primarily use a volume metric. This
was done in part to assess the visual
impact of litter as well as
characterizing the relative amounts
of litter that could reach local
waterways, including pieces of PS
foam.
16 Keep California Beautiful. Litter Facts. April 18, 2010. Accessed April 12, 2013. Available at:
<http://www.keeocabeautiful.org/facts/litter-facts.btml>.
" MSW Consultants. 2009. 2009 National Visible Litter Survey and Litter Cost Study. Prepared for Keep America
Beautiful, Inc. September 18, 2009.
" s "Large Litter" in the San Jose and other litter studies referenced in the review generally consisted of litter greater
than or equal to four square inches in size.
Appendix B 7 Environmental Baseline
more precise and have lower variability than surveys by volume or weight (unless tallies are also
included). The review of national and Canadian litter counts concluded that EPS foam food ware is
a small proportion (1.5 percent) of litter.
City of San Francisco Street Litter Audits
Audits of litter on streets in the City of San Francisco were conducted in 2007, 2008, and 2009.
Litter was categorized by size and material type.19 Litter was classified as `large litter" for those
items over four (4) square inches in size or as "small litter" for items less than 4 square inches. In the
large litter category, paper and fiber 20 materials contributed the largest component (46 — 54 percent
percent) of the total large litter. Plastic materials, including unidentified miscellaneous plastic litter
that is weathered and could not be identified with certainty, were the second most significant material
type in the large litter category. In the small litter category, glass and cigarette butts were in the top
two by number of items. Polystyrene foam pieces made up one percent of the counted small litter in
2009.
At the time of the 2009 litter audit two types of items, retail plastic bags and polystyrene packaging
materials, were regulated under the municipal code. Ordinances regulating the use of these products
were not in place at the time of the first audit in 2007. Both retail plastic bags and polystyrene litter
decreased as a percentage of total large litter between 2007 and 2009. In the analysis of litter
observations by major category, the percent of polystyrene cups making up "large litter" decreased
between 2007 and 2009 while paper and plastic cups increased (HDR at p. 41).
These litter audits observed the number of pieces of litter at selected sites and do not provide an
estimate of total numbers or weight of food service ware in litter citywide. The results for the one
sample year after implementation of an ordinance on EPS foam food ware appears to show a
decrease in the number of polystyrene cups while other cups increased in frequency. In other words,
it appears that in 2009 there was a shift from EPS foam to substitutes, but no change in the overall
amount of food ware litter.
City of San Jose Litter and Trash Characterization Studies
The City of San Jose has conducted a number of trash characterization studies at locations throughout
the City that look at the volume, counts, and/or weight of litter found in the environment. These
studies include: .
• SAIC. 2008. The City of San Jose Streets Litter 2008. Prepared for City of San Jose
Department of Environmental Services. September 30, 2008.
• City of San Jose. 2009. Targeted Litter Assessment.
• City of San Jose. 2012. Litter Assessment Data. Spreadsheet.
19 HDR. 2009. The City of San Francisco Streets Litter Re -Audit 2009. Prepared for the City of San Francisco San
Francisco Environment Department. September 2009.
20 Fiber based litter included paper, paperboard, cardboard, towels, napkins, newspapers, books, flyers, printed
materials, business forms, stationary, paper packaging, and paper bags.
Appendix B 8 Environmental Baseline
The 2008 street litter survey counted items of litter found at 125 randomly selected sites. Like the
studies conducted for the City of San Francisco, litter was categorized by size and material type.
EPS foam cups were found to make up 0.65 percent of the "large litter" counted. EPS foam plates
and clamshells made up 0.1 and 0.05 percent respectively, for a total of 0.8 percent of EPS foam food
ware.
The relative breakdown of EPS foam food ware within three categories, cups, plates and boxes in the
2008 study provides some insight into other products reported in 2008. These breakdowns are shown
below.
San Jose - Take OW Extras
wren -ome
MXS. a 09h
` Paae fae
and
Poly . pone 3.0%
Ok
Pble5 e.Op /.IY ns.422ff
Name &m0
Waupout epHm.65%
Con6me+
va'.+wNa i>en
.in It zap
Categories of Litter Reported at Selected San lose Locations
By Litter Count )2008)
Source: SAIC, 2008.
The 2009 targeted litter assessment included litter counts at 48 sites in the City of San Jos6 with
relatively high concentrations of litter (e.g., litter "hot spots "). The goal was to quantify and
characterize litter found at these hot spot sites. A total of 7,917 pieces of litter were counted from the
48 sites for an average of 165.5 items per site. Overall, about 12.4 percent of the items were
classified as fast food items and 9.5 percent were cups. The assessment also included sub - categories
for several polystyrene food ware products. At the targeted sites, the percent of total `large litter"
included:
• 1.6 percent polystyrene foam cups
• 0.4 percent polystyrene foam food plates
• 0.2 percent polystyrene clamshells.
Appendix B 9 Environmental Baseline
Polystyrene trays, which depending on their use, may not be covered by the proposed ordinance
made up about 0.2 percent of the total large litter.
In 2012, litter was counted at 31 sites in the city. Polystyrene food ware products made up about 3.5
percent of the total litter counts. The breakdown by polystyrene food ware type was:
• 2.2 percent polystyrene foam cups
• 0.8 percent polystyrene foam food plates (rounded)
• 0.1 percent polystyrene clamshells (rounded).
Polystyrene foam trays were approximately 0.5 percent of the 2012 total litter count.
In summary, the street litter assessments completed in San Jose range from a random sampling of
counted litter to surveys of litter "hot spots" with litter counts recorded. EPS foam food ware
generally makes up four percent or less of total litter. EPS cups and plates appear to be more
prevalent in these assessments, where measured, than EPS clamshells. Individual subcategories (e.g.,
EPS foam plates, clamshells) likely are less than one percent of total litter by count, volume or
weight. The 2008 study, using random samples, provides the most representative assessment of litter
citywide, while the other assessments focus on areas where litter has found to be more prevalent or
concentrated.
NPDES Audits and Studies
Trash characterization and loading in waterways has been addressed in a number of recent studies
undertaken starting in 2009 in the portion of the project area that drains to San Francisco Bay (i.e.,
the jurisdictions and area of the County roughly north of Morgan Hill). As a part of the Municipal
Regional Stormwater Permit (MRP) issued by the San Francisco Bay Regional Water Quality
Control Board, litter audits have been completed for a regional study to assess the types and amounts
of trash transported via urban runoff.
Trash, including single -use food ware, is transported to local creeks and San Francisco Bay
shorelines through three primary pathways: 1) curbs/gutters, storm drain lines and open channels
that are part of storm water collection systems in urban areas; 2) wind; and 3) illegal dumping into
water bodies. 21
Preliminary findings for each of the Santa Clara County MRP co- permittees are summarized in Table
B -2. Approximately 3,900 cubic yards of trash that could reach creeks in the San Francisco Bay
Basin is estimated to be generated annually. SCVIJRPPP estimates that approximately eight percent
of this trash by volume, or 311 cubic yards, is EPS foam food ware. These values are projected, in
part, based upon land use types in an effort to identify baseline trash generation that is transported to
waterways via urban runoff. The results of studies will be presented to the SF Bay RWQCB in 2013.
21 SCVURPP. 2013. Urban Runoff Trash Management Reducing Impacts in Santa Clara Valley Creeks and San
Francisco Bay. February 2013.
Appendix B 10 Environmental Baseline
Table B -2
Estimated Volume of Trash Reaching Storm Drain Inlets'
(Stormwater Trash)
Estimated
Volume of
Estimated Volume of EPS Foodware &
Trash
Beverageware Trash Generated Annually'
Generated
Jurisdiction
Annually'
Best Estimate
Low Estimate
Best
High Estimate
(Gallons)
(Gallons)
Estimate
(Gallons)
Gallons
Campbell
17,186
1,025
1,367
1,709
Cupertino
25,292
1,509
2,012
2,515
Los Altos
10,393
620
827
1,034
Milpitas
38,302
2,285
3,047
3,809
Monte Sereno
426
25
34
42
Mountain View
44,736
2,669
3,559
4,449
Palo Alto
31,955
1,907
2,542
3,178
San Jose
302,474
18,048
24,064
30,080
Santa Clara
64,636
3,857
5,142
6,428
Saratoga
8,032
479
639
799
Sunnyvale
82,628
4,930
6,574
8,217
County of Santa
37,425
2,233
2,977
3,722
Clara
Los Altos Hills
835
50
66
83
Los Gatos
13,224
789
1,052
1,315
Totals (Gallons)
677,543
40,428
53,904
67,380
Totals (Cubic
3,904
233
311
388
Yards)
'As reported in Short -Term Trash Load Reduction Plans as a part of Baseline Trash Generation Rates
Characterization in the San Francisco Bay Area.
'Estimates based on the total amount of uncompacted trash/EPS measured in Storm Drain inlets and
CDS units (5 events) in San Jose and Sunnyvale. Best = percentage of EPS compared to all trash; High
and low assume measurement error of ( + / -) 25% when characterizing trash/EPS.
' Simple multiplication of annual trash load generated and percentage EPS (low = 6 percent, best
estimate = 8 percent, and high = 10 percent)
Source: Chris Sommers, EOA, Inc. for SCVURPPP. April 24, 2013.
Appendix B 11 Environmental Baseline
Information on Litter in the South Santa Clara County Area
The area of Santa Clara County south of Morgan Hill, including the cities of Morgan Hill and Gilroy,
drain to Monterey Bay and have not been covered by trash and litter assessments and characterization
conducted as a part of the MRP under the NPDES program. Trash has been collected twice per year
along several local creeks on an annual basis since 2007 and the weight of trash (and recyclables)
collected reported .12 Tens of pounds to over 1,000 pounds of trash were collected at individual sites.
A breakdown of the composition of trash collected (e.g., plastics, paper, EPS foam food ware) is not
included in the past events results posted by the Creek Connections Action Group, which organizes
the annual cleanups. The City of Morgan Hill also periodically conducts a trash collection along
creeks as part of an annual City Beautification event .23 Trash collection locations have included
Llagas Creek, Chesbro Reservoir, Anderson Lake and West Little Llagas Creek in the Morgan Hill
area and Coyote Lake, Uvas Reservoir, Uvas Creek and Upper Miller Slough near Gilroy.
Conclusions Regarding Baseline EPS Foam Food Ware Quantities in Litter
Data collected in some recent street and creek litter surveys provides information on the relative
proportion of EPS foam food ware in total litter. By all measures (count and volume) the proportion
is generally less than 10 percent by volume in stormwater systems and ranging from less than one
percent to 3.6 percent by count in street litter.
There are several challenges with using litter surveys to estimate the amount of EPS foam food ware
use not captured by waste characterization studies. First, the material surveyed may not have been
deposited within a measurable time frame, such as a month or year. Second, litter studies in urban
settings are generally conducted to count pieces of litter and/or the volume of litter in order to assess
visual impacts or provide information for collection or minimization efforts and the results are not
extrapolated to a community wide basis. Third, due to the fact that some litter is more friable (e.g.,
EPS foam breaks into pieces more readily that crystalline EPS or fiber products), counts of litter,
especially in storm drains and creeks, makes estimates by weight or numbers of whole cups,
clamshells or plates difficult, if not infeasible.
The recent survey conducted for SCVURPPP as par[ of a regional characterization of trash reaching
creeks estimates 311 cubic yards of uncompacted polystyrene foam food ware trash for the
jurisdictions covered by the SF Bay RWQCB's MRP in Santa Clara County (this area does not
include south county areas from Morgan Hill south). Assuming the density of this uncompacted
litter would be similar to that of collected waste, the estimated 311 cubic yards of expanded
polystyrene foam could weigh about 3,000 pounds (or 1.5 tons).24 This would be a conservatively
zz Creek Connections Action Group. "Past Events Results ". Accessed April 24, 2013. Results for individual clean
ups Available at: <http://www.cleanacreek.org/Pasteventsresults main %20paee.asp>.
21 City of Morgan Hill. "City Beautification Day 2011 ". Accessed April 25, 2013. Available at:
<bttt)•/ /www morean -hill ca eov /index aspx2NID= 1002 &ART = 3302 &ADMIN=1 >.
24 The weight of expanded polystyrene materials are variable. One manufacturer of non -food products offers
expanded PS foam insulation at densities ranging from 0.7 — 3 pounds per square foot (Source: American Insulation
Corporation. "What is EPSP'. Available at: http : / /insulationcorp.com /eps/) /). CalRecycle lists the density of
"Polystyrene blown, formed foam" as 9.62 pounds per cubic yard in a posted list of conversion factors for various
Appendix B 12 Environmental
high estimate of the weight of EPS foam food ware in stormwater system litter extrapolated from the
data if the spaces between items was greater than those for the CalRecycle waste conversion factors.
On a weight and volume basis, the amount of EPS foam food ware found in litter transported in
storm drain systems appears to be a fraction of the approximately four pounds per service population
of EPS foam food ware properly disposed of and collected by various jurisdictions in the project
area. Several thousand tons of annual EPS foam food ware were tabulated for three jurisdictions,
Sunnyvale, Mountain View and San Jose, in waste characterization studies discussed previously.
Therefore, the addition of EPS foam food ware found as litter would not substantially effect per
service population estimates of use by weight.
In conclusion, the baseline for EPS food ware appearing as litter in Santa Clara County is:
• Street Litter: about 0.8 -3.6 percent by count of large litter (four square inches in area or
more) on streets based upon citywide and hot spot street litter surveys in San Jose; and
• Stormwater System Litter:
— about eight (8) percent by volume based upon SCVURPP litter characterizations
(i.e., trash loading) in storm drain systems discharging to creeks and waterways .25
— about 311 cubic yards of EPS trash (roughly 3,000 pounds) per year in the SVURPP
area.
While the PC foam trash in storm drain systems is roughly equivalent to about 3,000 pounds for the
SCVURPP area, it should be noted that the SCVURPP litter characterizations do not include litter
directly deposited in waterways by wind or dumping. Weight is generally not used in local litter
studies as it does not assist with the assessment of the visibility or persistence of different types of
litter in the storm drain systems and creeks.
types of waste (Available at: http: / /www.calreevele ca eov /LGCcntral/Library/DSG/Irecycl htm). The estimate of
3,000 pounds is made using the density of 9.62 pounds per cubic yard.
zs Refer to Table B -2 for a breakdown by jurisdiction.
Appendix B 13 Environmental Baseline
1.3 Baseline Estimates Used in Other Environmental Review
1.3.1 County of Santa Clara
The County of Santa Clara conducted a telephone survey in 2011 and contacted approximately 80
percent of the 60 food service vendors in unincorporated areas of the County.26 Use of EPS food and
beverage containers at these vendors would be restricted by the then proposed Expanded Polystyrene
Food and Beverage Containers Ordinance. Nineteen of the 29 vendors who participated in the
survey did not use food containers or cups made from EPS. Use of EPS food containers by eight
vendors ranged from a low of 50 to a high of 300 per month while use of cups by nine vendors
ranged from 30 to 450. As the sample size was limited, the County concluded it was not possible to
make an estimate of the total volume of EPS containers used by vendors in the unincorporated area
of the County. A likely annual usage of 100,000 to 150,000 units was stated with the qualification
that it was based on a limited response.
1.3.2 City of Fremont
Based in part upon a 2008 waste characterization study, the City of Fremont estimated that
approximately 15% of plastic containers (129.1 tons) in the waste stream were expanded polystyrene
food containers. 2' Assuming a population of approximately 209,257 in 2008,28 that would represent
approximately 1.2 pounds per person per year. On a service population basis, this estimate would be
about 0.9 pounds (per residents + employees), assuming about 94,240 jobs within the City in 2008.
On a per capita and service population basis, this would be lower than the estimates derived above
for San Jose and Sunnyvale/Mountain View.
1.3.3 County of San Mateo
In a 2010 Notice of Intent to Adopt a Negative Declaration, a total of 2,696 food vendor business
were reported in the County of San Mateo and these businesses were estimated to consume 351,500
units of polystyrene -based food ware containers, such as cups, clamshells and plates. The basis for
this estimate was not listed .29
21 County of Santa Clara. 2012. Expanded Polystyrene Food and Beverage Containers Ordinance. April 12. 2012.
P.9.
27 City of Fremont. Expanded Polystyrene Food Service Ware Ban Draft Negative Declaration. April 2010.
28 State of Californ ia, Department of Finance, E -8 Historical Population and Housing Estimates, 2000 -2010 Report,
by Year. Sacramento, California, November 2012.
29 County of San Mateo. 2010. Notice of Intent to Adopt a Negative Declaration for the Ordinance Prohibiting
Food Vendors From Using Polystyrene -Based Disposable Food Containers.
Appendix B 14 Environmental Baseline
1.4 Summary of EPS Foam Food Ware Annual Use Estimates
Information on the number single use EPS foam food ware containers (e.g., cups, bowls, plates,
clamshells and ice chests) used in the project area was not found to be readily available. Estimates of
EPS foam food ware use were assessed based upon available information on EPS foam production
and sales, waste characterization and litter studies and are summarized in Table B -3.
Challenges were encountered where EPS foam and/or food ware information was not separately
characterized and where the units measured (such as litter counts) could not reliably be projected to
the various uses with the jurisdictions in the project area.
An industrywide review of polystyrene resin production which covered the years 2007 -2011 and the
United States and Canada (and Mexico in 2011) unfortunately did not include a specific category for
EPS foam food ware. The EPS category and institutional and consumer categories, which both
include food ware, were examined and a per capita use estimate of 1.8 pounds per person of EPS in
2011 within the U.S., Canada, and Mexico made. Uncertainties include the amount of foam food
ware (e.g., versus building insulation) within this category as well as the possible differences in per
capita use between Santa Clara County and Canada and Mexico, which were included in the sales
information.
Local waste characterization studies completed in 2008 and 2010 contain appropriate information on
the weight of EPS foam food ware that can be averaged on a per service population (jobs + residents)
basis. The use of the service population metric is appropriate in this case as single -use food ware is
used by both residents and workers and in most of the larger communities in the project area there
are considerable numbers of workers that use single use food ware who commute and do not reside
within those jurisdictions. There is some uncertainty in the estimates where the percentage of EPS
foam food ware was estimated (City of Fremont) or where some EPS foam food ware that would not
be covered by the ordinance was included (2008 San Jose Waste Characterization).
Available litter studies did not generally attempt to quantify the weight, volume or counts of litter
across an entire community or region. Recent surveys prepared for SCVURPP estimate that EPS
foam food ware contributes about 133 cubic yards of uncompressed materials to litter in creeks that
drain within the project area to San Francisco Bay (with just over 90 percent of the service
population). By weight, this would not result in a discernable change in estimated EPS foam wood
ware use based on 2008 and 2010 waste characterization studies undertaken for San Jose, Sunnyvale
and Mountain View. In other words, for the purposes of estimating the magnitude of EPS foam food
ware use within the project area, it appears that most EPS foam food ware use is captured in the rates
derived from waste characterization studies.
Appendix B 15 Environmental Baseline
Table B-3
Summar of EPS Foam Food Ware Use Best Estimates
Rate per
Rate per
Source
Tons
Population
Service
Population
Capita
Service
Population
(pounds)
ounds
Estimate for 2011
410,500
453 million
about 1.8
Derived from EPS
(821 million
(U.S., Canada,
Sales in 2012
pounds)
and Mexico)
Resin Review'
2008 San Jose
2,621
985,307
1,354,757
5.3
3.9
Waste
Characterization
2010 Sunnyvale
314
140,081
215,081
4.5
2.9
Waste
(survey of
(Sunnyvale)
(Sunnyvale)
Characterization
collected
waste
689
214,147
337,147
6.4
4.1
(survey of
(Sunnyvale:
[Sunnyvale:
residual
140,081,
215,081,
waste from
Mountain View:
Mountain View:
Sunnyvale
74,066)
122,066)
and
Mountain
View after
sorting)
2008 Fremont
129.1
209,257
303,4973
1.2
0.9
Waste
Characterization
Estimate
Range of
--
—
--
1.2-6.4
0.9-4.1
Estimates
'Also includes EPS other than food ware.
2Includes other EPS foam products, such as egg cartons and packing peanuts.
'Includes interpolated estimate of jobs in 2008 from ABAG Projections 2009.
Appendix B 16 Environmental Baseline
EPS foam food ware used in the project area consists of an unknown mixture of products, including
plates, cups, trays and clamshells. An equivalent number of items per pound for individual products
can be estimated, however. As shown in Table B -4, one pound of EPS foam food ware per service
population would be equivalent to about:
• 46, 8 -inch clamshells or
• 53, 9 -inch plates or
• 91 16- ounce cups or
• 53 32 -ounce cups
Table B -4
Equivalent Number of PS Foam Food Ware Clamshells or Cups
Measured
Number of
Weight
Weight (in
Items per
Number of Items
PS Foam Product
Item Size
(grams)
Pounds)
Pound
per 4 pounds5
Clamshell'
8 -inch
10
0.022
46
182
Plate2
9 -inch
8.5
0.019
53
211
Cup
16 ounce
5
1 0.011
91
364
Cup
32 -ounce
8.8
0.019
53
211
' Manufacturer: DART Corporation
2 Weight data from: Horvath, A. & Chester, M. Greenhouse Gas Emissions of Expanded Polystyrene Food
Containers and Alternative Products Used in Los Angeles County. July 14, 2009.
3 Manufacturer: DART Corporation for the Jamba Juice Company.
'Weight data from: Franklin Associates, Ltd. Life Cycle Inventory of Foam Polystyrene, Paper- Based, and
PLA Foodservice Products. February 4, 2011.
'Items per pound and Items per 4 pounds may not correspond exactly due to rounding. The baseline use of PS
foam food ware in the project area is conservatively estimated at about four pounds per service population
residents + employees).
Appendix B 17 Environmental Baseline
2.0 USERS AND MANUFACTURERS OF EPS FOAM FOOD WARE
The proposed model ordinance would restrict the use of single -use disposable EPS foam food ware in
participating jurisdictions. A summary of the number of facilities and vendors with food handling
permits in Santa Clara County is provided in Table B -4. Food facilities covered by the County's
permit program include restaurants, markets, bakeries, liquor stores, bars, certified farmers' markets,
food service at fairs and festivals, catering trucks, hot dog carts, ice cream trucks, produce vehicles,
and food vending machines.
Provisions of the ordinance, including the sale of empty EPS foam food ware and ice chests, could
also apply to other vendors within the project area. The number and types of businesses and facilities
are summarized in Table B -5.
Manufacture of EPS foam food ware would not be restricted under the ordinance, however,
manufacturing facilities within the State of California could experience a change in demand for EPS
foam food ware products with implementation of existing or reasonably foreseeable EPS foam food
ware ordinances in County of Santa Clara and throughout California. The number of EPS foam
manufacturers in 2007 are also listed.
Appendix B 18 Environmental Baseline
Table B -5: Permitted Food Vendors in Santa Clara County
Jurisdiction
Food
Services
Caterer
Mobile Food
Facility
Grocery
Stores
Other=
San Jose
2,636
49
710
617
354
Campbell
188
14
6
42
54
Cupertino
230
2
4
28
36
Gilroy
188
0
31
66
19
Los Altos
89
1
2
15
30
Los Altos Hills
4
0
0
1
0
Los Gatos
157
3
4
37
31
Milpitas
347
3
5
55
40
Monte Sereno
0
0
0
0
0
Morgan Hill
154
0
6
39
21
Mountain View
380
4
50
70
159
Palo Alto
350
0
7
40
60
Santa Clara
568
13
144
102
57
Stanford
120
0
18
3
8
Saratoga
78
0
7
13
38
Sunnyvale
449
1
10
93
57
Unincorporated
Santa Clara
County
56
0
118
15
67
Total
5,994
90
1,122
1,236
1,031
Source: County of Santa Clara Department of Environmental Health, Food Safety Permit Program (2013)
Food Service includes restaurants, cafes, delicatessens and other locations where food is prepared on -site (e.g.,
delicatessens in grocery stores).
'Other includes: food demonstrators and short-term events.
Appendix B 19 Environmental Baseline
Table B -5
Summary of Businesses and Facilities That May Sell, Use
or Manufacture EPS Foam Food Ware
Information Category Data Sources
Consumption
Restaurants/Food • 224 gas stations with • U.S. Census Bureau. 2010
Service Vendors in convenience stores County Business Patterns.
Santa Clara County 1 2010.
Grocery Stores
• 8,237 permits for food service,
caterers, mobile food service,
and other
• 1,236
ISporting Goods I • 123 sporting goods stores
Stores in Santa Clara
Merchandise Stores in • 42 department stores (includes
Santa Clara County discount department stores)
• 71 general merchandise stores
(includes warehouse clubs and
Retail/Pharmacy
Hardware Stores in
Santa Clara County
• 190 pharmacies and drug
stores
• 38 hardware stores
• County of Santa Clara
Department of Environmental
Health (refer to Table A -1)
• County of Santa Clara
Department of Environmental
Health, Food Safety Permit
Proeram (refer to Table A -1)
• U.S. Census Bureau. 2009
County Business Patterns.
• U.S. Census Bureau. 2010
County Business Patterns.
2010.
• U.S. Census Bureau. 2010
County Business Patterns.
2010.
• U.S. Census Bureau. 2010
County Business Patterns.
2010.
PS Foam • 77 Polystyrene foam • U.S. Census Bureau. Industry
Manufacturers manufacturers in California Statistics Sampler. 2007.
— 9.74 percent of value of
U.S. shipments
— 3,389 employees
Appendix B 20 Environmental Baseline
3.0 BASELINE
In summary, the baseline estimates for the project area (Santa Clara County) are follows:
Baseline for EPS food ware used annually in Santa Clara County —
Counts for various products (cups, plates, clamshells) that could be applied countywide are
not readily available. Based upon a review of the categories for polystyrene resin sales and
production in the 2012 Edition of The Resin Review, the baseline use of EPS foam food ware
could conservatively range from about 1.8 pounds per capita to a high of about seven (7)
pounds per capita per year.
2. Baseline for EPS food ware appropriately disposed as waste annually in Santa Clara
County — Based upon waste local characterization studies within Santa Clara County, EPS
food ware appropriately disposed of annually is conservatively 2.9 -4.1 pounds per service
population (residents + jobs) or 5.3 -6.4 pounds per capita per year. The per capita estimate
of about six pounds per year is within the range of the estimate noted above for food ware
used (based upon production).
3. Baseline for EPS food ware appearing as litter in Santa Clara County-
• Street Litter: about 0.8 -3.6 percent by count of large litter (four square inches in area or
more) on streets based upon citywide and hot spot street litter surveys in San Josh; and
• Stormwater System Litter:
— about eight (8) percent by volume based upon SCVURPP litter characterizations
(i.e., trash loading) in storm drain systems discharging to creeks and waterways .30
— about 311 cubic yards of EPS trash (roughly 3,000 pounds) per year in the
SVURPP area.
4. Baseline for types of businesses and activities covered by the ordinance —
The ordinance would apply to a wide range of businesses and activities within the Santa
Clara County project area. Over 8,000 businesses or organizations have food handling
permits from the County of Santa Clara, including restaurants, cafes, mobile food service,
caterers, grocery stores, convenience stores, and one -time. Other vendors whose sales would
be covered activities include several hundred restaurant and food service suppliers,
warehouse stores, retail /pharmacy stores, sporting goods and hardware stores.
30 Refer to Table 4.9 -2 in Section 4.9 Hydrology and Water Quality for a breakdown by jurisdiction.
Appendix B 21 Environmental Baseline