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City Imposes Strict Ban on Food Containers

By Olin Ericksen
Staff Writer

December 8 -- With the costs to local businesses unclear and a possible lawsuit looming, the Santa Monica City Council on Tuesday unanimously passed one of California's broadest bans on Styrofoam and non-recyclable plastic carry-out containers.

After listening to comments by environmentalists who say the products harm marine birds and fish and plastic industry representatives who argue other products will end up polluting the Bay, the council acted decisively with little to say on the issue, which was first brought before the council five months ago.

"We're all in this together and it's our planet, so let’s do it," said Council member Kevin McKeown shortly before the council voted for the measure 7 to 0.

With a hardship provision for businesses in place, the ban now prohibits food providers from serving food – mostly to go items – in containers made from blown polystyrene – or Styrofoam – a ban similar to that in several other cities.

But the Santa Monica law also goes a step further, banning non-recyclable plastic, including "expanded polystyrene and clear polystyrene with the designated recycling symbol "#6," according to the staff report.

Staff noted that such "6" products are not economically viable to recycle at the city level.

Plastic containers with the recycling symbols "#1" through "#5" -- which are recycled currently by the City -- are still allowed under the ordinance, states staff.

In total the law applies to plates, bowls, cups, trays and hinged or lidded containers. Not included in the ban are disposable items such as straws, cup lids or utensils, nor single use disposable packing for unprepared foods such as meat trays at grocery stores.

Also not included are plastic bags from food stores, which cannot be regulated by cities currently under recent State law.

While some cautioned that the law would only be truly effective if surrounding communities enact similar bans, environmentalists, such as Heal the Bay executive director, Dr. Mark Gold, said the new law is a solid win as a model for other cities across the state.

"Santa Monica's action tonight was progressive because it banned all polystyrene," said Gold. "Most other cities that have done this, such as Malibu, banned blown polystyrene, or Styrofoam -- and this ban in Santa Monica is for all polystyrene."

But Gold, who is also the chair of Santa Monica's Environmental Task Force, said even more could be done.

"We at Heal the Bay are disappointed with the decision here today… most notably that the plastic marine debris problem is not only polystyrene, it is all plastic,” he said. “And #3 through #7 (plastics) don't have a market at all, and they only dealt with #6's tonight."

"Our feeling is they should have gotten rid of all #3 through #7, and there is plenty of products that are compostable," he said. "They could have stepped up to the plate more than they did."

While it was a partial victory for environmentalists, the plastics industry is still exploring ways to undo the ban, even if it means going to court.

On November 12 -- shortly before the council was originally scheduled to hear the item -- the Polystyrene Packaging Council (PSPC) made its objections known in an 11-page letter to the City.

In the letter, the PSPC officials said the City failed to conduct an environmental analysis they believe is mandated under the landmark 1972 California Environmental Quality Act (CEQA). The study would have determined how other products used to replace Styrofoam and non-recyclable plastic could impact habitat.

"We'll have to consider the results of the City council vote tonight,” Mark Walton, a representative of DOW chemicals, told The Lookout shortly after the council vote.

“We do believe that a CEQA analysis is appropriate, because there is the possibility of an environmental impact, but how we'll encourage that is unclear at this time," he said.

In the November letter, PSPC officials argued that case law is settled in the area, a contention disputed by the City, as are the PSPC's claims that a CEQA review is mandated in this case.

Officials in the City’s Environmental and Publics Works Department said they feel the use of more biodegradable materials would, in fact, help, rather than harm, the environment. If that is the case, an analysis would not be required under a CEQA clause known as "common sense."

With cities such as San Francisco and Calabasas considering their own bans, Santa Monica's action Tuesday could extend the limits of what products should be banned in the Golden State.

However, because of the expanded scope of the ban, it may also make Santa Monica an attractive target for an industry lawsuit.

The lookout

 

 

 

 

 

"We're all in this together and it's our planet, so let’s do it." Kevin McKeown

 

"Santa Monica's action tonight was progressive because it banned all polystyrene." Dr. Mark Gold

 

 

"We'll have to consider the results of the City council vote tonight.” Mark Walton

 

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