SR-8-D (49)CM:CP:BJ:DR;srlabel
Caunci]. Meet~ng: 45/10/9~
To: Mayor and City Council
From: Clty Staff
~_.
Santa Manicar Califo ~~ ~ a ~s
Sub~ect: Introduction and First Reading of an Ordinance
Requiring Retailers to Displ.ay Consumer Awareness
Information Wherever Household Hazardous Products are
Sold
INTRbDUCTION
This report recommends that the City Council introduc~ for f~.rst
reading an ordinance which will require the display of consumer
awar~ness informat~on in retail outlets where toxic and hazardous
household products ar~ so~d.
BACKGROUND
In 1990, the State of California adapted AB 2707 which required
cities and counties to establish Hausc~hald Hazardous Wast~ (HHW)
marlagemen~ prog~arns. The City of Santa Monica's recognition of
the public health and environmentai benefits of HHW management
predated the State mandate~ as the City inY~iated a c~ZZection
program in 1985. Although AB 2707 originally charged cities and
counties with sole respons~bzlity for HHW management, recently
adopted legislation (SB 1091, 1~93) amends state polYCy ~o expand
the respdnsibility fox~ minimizing the generation and harmful
environmental impacts of EiHW to manufacturers, retailers and
c4nsumers. SB 1091 acknowledges the breadth and seriousness af
continued HH~y cansumption and disposal as well as the role
~ A~ f d ~
zetailers play as household hazardous product distribution :-~
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centers. Additianally, the new state policy confirms the
~mportance of ~ocal program e~ements which emphasize saurce
reduction and the use of less hazardous or environmentally
preferable products, Source reduction, also referred to as
pollution prevention, is the pr~vailing waste management strategy
endarsed by Iocal, state and federal planners.
Consistent taith this strategy, the City's program has evo~~~d
from initial efforts ~ahich focused on identification, segregation
and safe management of HHW to the current multiple emphasis on
public ~ducation, source reduct~on, the use o~ environmentally
preferable products, and the op~ratian of a p~rmanent HH~J
collectiQn facility. The overall prograM is intended to maximize
public health and environmental prot~ction and minimize the
City's cost and liability assaciated ~rith HHW dispasal.
The cast of HHja disposal has ris~n dramatically in recent years.
Currently, the City pays approximat~ly five dollars to dispose of
a single aerasol can and up ta six dollars ta recyc~e one gallan
of pa~nt. D~sposal costs of HHW are often more costly than the
~nitial purchase price of the che~ical. These costs are
currently barne entirely by the City.
In addition, it is impartant ta note that citi~s have been found
liable under the Co~prehensive Environmenta~ ~esponse,
Compensat~on and Liability Act (Superfund) for HH~~ contained in
the mun~cipal solid waste stream. Fo~ examplef earlier this year
fourteen cities in Los Angeles County were required ta contribut~
~
over $32 mi~~ion to clean up the Operat~ng Industr~es landf~ll ~n
Monterey Park. The cities' ~iability was based so~ely upon the
environmen~al damage caused by the existence of household
hazardous waste within their municipal solid waste str~am.
Alt~rnat~vely, solzd waste agencies maintaining camprehensive HHW
management programs have successfu~ly dim~nished their liability
in a number of 5uperfund cases. These findings co~firm the
importance of the City"s proactive efforts to minim~ze the
hazardous component of the municipal waste stream via source
reduct~an and public education.
DISCUSSIaN
Due to the expense and liability of HH~d disposal, staff has
~mphaszzed public educatian as a means of minimizing waste
generatian. Current public educatian and outreach efforts are
comprised of direct mailing of informational pamphlets which
encourage the use of environmentally preferable prflducts and
which provide xxw disposal and recycling information; production
and broadcast of a HHbd ~idea on City TV; place~ent of t~arning
stickers on approxi~ately 50,000 City owned refuse containers;
informatianal doorhangers; and teacher training programs in the
Santa Monica/Ma~ibu Unified School District.
As a result of ongoing program evaluation, staff has recogn~zed
the critical role retailers play in cansumer awareness and the
opportunity which they provide for direct consumer autreach. Xt
has been found that infor~ation pro~~ded at the paint of purchase
is a very effective means of conveying consumer informatian.
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Based upon this eva~uat~on, staff has proposed a HousehQ~d
Hazardous Materials Consu~er Awareness Ordinance which will
require retailers which sell household hazardaus materials to
past consumer awareness messages at the point of purchase in
their st~res. The messages ~rill be presented on s~gns, shelf
ta~kers (small s~gns affixed ta the shelves or protruding fram
the shel~es designed to enhance the awareness of shoppers),
st~ckers, and fliers and ~rill be d~signed to enhance awareness of
the hazardous nature af specified praducts, provide information
on the disposal requirements of HH~v, and encourage conszderation
of environmentally prefexable praducts. Tt is anticipated that
this information will allow consumers to make purchasing
decisions based on mare complete informatian regarding the
impacts af household toxics and their disposal requ~rements.
Many containers are printed with no disposa~ instructions or
instructions directing the consumer to conceal the chemical
cantainer (which may contain a paison or an acid) with newspaper
and dispos~ of ~n the ~unicipal trash. Adherence to these
instructians significantly increases the risk of harmful chemical
expasure to sanitation taarkers and increases the City's long-term
5uperfund liability.
The propose~ ordinance~ patterned after existing regulatian in
Vermont and Iotaa, shall apply to paint and paint products (such
as thinner, varnish, and stains), herbicides, insec~ic~des (and
related p~st cantrol p~isons), poal ma~ntenance chemicals, and
haaardous aut~motive pr~ducts. The inten~ af the ordinance is to
minimi2e the ~olume of HHW which the City must manage and to
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e~suxe that the HHj~ which is gene~ated is safely handled by
residents. The praposed ordinance is endorsed by the City's Task
Force 4n The Environment and is in conformance w~th the concept
and precepts of the City's Sustainable City Program. See
Attachment I for a copy of the ordinance.
Staff has conducted extensive public and business outreach in
drafting the proposed ordinance~ including numerous site visits
by staff, a direct mailing regarding the ordinance to over 300
businesses, three public and business outreach meetings
(coordinated Uaith the ChaMber of Co~merce), and the farmation of
an ad hoc advisory committee comprised of repzesentatives from
the Cha~ber of Commerce, local businesses, and business
associa~ions. The proposed ardinance has generally been received
favorably by ~he local business owners, many of whom have already
requested public outreach materials for their c~stomers.
In addition, resolu~ions of support for the proposed ordinance
have been passed by Mid-City Ne~ghbors, Picq Pdeighborhood
As~aciatian, S~ilshire/Mantana N~ighborhood Coalition, and Friends
of Sunset Park Neighborhoad Association. Both the Califarnia
bepartment of Toxic Substances Control and ~he California
Integrated Was~e Manage~ent Baard have expressed support f~r
lacal HHW programs which emphasize source reduction as a primary
strategy, such as the praposed ordinance.
The follawing entiti~s have expressed opposition to the proposed
ordinance: the California Grocers Association (an indus~ry
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associatian which represents seven of the approximate 100
retailers subjeet to the proposed ardinance), the Chemical
Specialties Manufacturers Associatian (an industry associatian
camprised of manufacturers af household hazardous materials),
Thrifty Company, and Vons Companies, Inc. (both members af the
California Grocers Association}. ppposition revolved generally
around the concern that the ordinance would place an excessive
burden upon r~tailers. The California Gracers Associatian has
recommended a voluntary program in lieu of an ordinance.
Questions ha~e a~so been raised by the California Department of
Festicide Regulation regarding a local government's abi~ity to
adopt an ordinance which "...regulates the sale~ transportation
or use of economic poisons (pesticides}..." State and federal
regulations restrzct local govexnments from adopting regulations
which infringe on sta~e and federal au~hority to contral
pesticides. In response to this question, th~ City Attarney has
provided a legal opinion which ~inds tha~ the praposed ardinance
does not in any way act ta regulate ecanamic poisons in the
con~ext of state or federal authority.
Based upon public outreach and staff research, it is anticipated
that approximately 100 retailers will be affected by the proposed
ordinance. These retailers wil~ be comprzsed pr~marily of paint
and hardware stores, supermarkets, auto parts stores, garden
nurseries and art supply stores, Throughaut these stores, staff
has identified a variety of shelf configurations and conditians
within the stores with which the consumer awareness informa~ion
must be compat~bl~. Staff antieipates that stores will be
~
n
allotaed to select
presen~atians sv~h
stickers. Staft is
to guid~ retailers
information, F:hich
visits.
from several methods of ~nformation
as shelf ta]~kers, posters, pamphl~ts, and
currently d~veloping a cancise training manual
in the proper placem~nt of outreach
wi~l be augmented by on-site staff training
Once effective, th~ propased ordinance pravid~s a 180-day
preparation and coardination perivd prior ta the distribut~on of
~aterials ta reta~lers. Spec~fzcally, this p~riod allows for the
design and printing af aLrareness materials~ train~ng of staff and
prE-imp~ementation caardination with retailers.
IMPLEMENTATION STRATEGY
Staff estimates that approxima~ely 100 retailers ~rill be sub~ect
to the ord~nance. ~t ~s assumed that each of these retailers
~~rill requir~ an init~al on-site consultation and a subsequent
vis~t to delivc~r the public education materials and assist in
their placement. Al1 retail stor~s which wvuld be subject to the
ordinance have been classi~ied into one of faur categories based
upon the linear footage of shelf space occupied by household
hazardous materials. Th1s information has th~n been used ta
ca].cuZate estimat~s for the quan~ity and types of public oe~treach
materials that ~rill be necessary far full implementatian and the
amount of time that it trill ~ake tor distribution and training on
pr~per placernent.
Based upon these projections, it is anticipated that
approximately 4,5Q0 shelf ~alkers, 250 permanent posters, 40,000
pamphlets or fliers, and 15,000 stickers will be req~ired to
ensure adequate consumer outreach material for the first year of
program implementatian. Per~odic program administration and
eva~uation will be provided by ~he City's Environ~ental
Coordinator, *~ith day to day program coordination and
administration provided by other Environmental Pragrams Di~ision
staff ~aho taill conduct occasional site visits at Iarger
facilities, produce a retailer ca~pliance guide, diss~minate
public information, and coordinate with the ad hoc advisory
committee. Once the ardinance is implement~d, ac~ual experience
from site ~nspections and monitoring will be used to modify the
implementation strategy, as necessa~y, to ensure maximum
effectiveness with minimum impact on retail stores.
The ordinance allows inspectors to issue warn~ngs for
unintentional and/or initial non-campliance. In the event that
chronic or willful non-compliance pers~sts, the ordinance allows
for issuance of citations (which constitute a misd~meanor}.
BUDGET/FiSCAL IMPACT
Staff activities and supply casts associated with the
imple~entatzon and enforcenent of this ordina~ce wi~l be borne
primarily by the Environmental Programs Division.
These impacts ~~i11 ~e evaluated during the remainder of this
fiscal year, and any necessary adjustments wil~ be presented to
City Council as a par~ of the FY 1994-95 Budget.
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RECOMMENDATION
Staff recommends that the C~ty Counci~ ~ntroduce for first
reading an ordinar~ce which requires retailers to display consumer
awareness information wherever household hazardous products are
sold.
Prepared by: Craig Perkins, Director of General Services
Bra.an J. Johnson, Environmental Coordinator
Debbie Raphael, Administrative Analyst
CA:f:~atty,mun~,~aw~d~e~labe~or~
City Cauncil Meeting 05/10/94 Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 5.3b TO ARTICLE V OF THE SANTA
MbNICA MUNICIPAL CO-E TO REQUIRE LABELING O~ SHELVES
SaHERE TOXIC AND HAZARDOUS HOUSEHOL~ PRODUCTS ARE SOLD
OR DISTRIBUTED
THE C~TY COUNCIL OF THE CITY OF SANTA NIONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5.36 is added to Article V of the 5anta
Mon~.ca Municipal Code to rsad as follows:
Chapter 5.36 -
SECTION 5.36.010.
Tqxic and Hazardous
Household Products
Labeling
Findings . The City Council f inds and
declares:
(a) Through AB 2707, the State of Calif~rnia has imposed
upon the City of Santa Monlca th~ costs for hausehold
hazardous waste management within the City.
(b) The City spends in excess of $3o0,a~0 per year
coll~cting and managing household hazardous waste and faces
the prospec~. Qf much greater expenda.tures in the future.
(c} The c~t~.zens of the City of Santa Monica have a
right to know about the toxxc and hazardous nature of chemical
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prod~cts they use in their home~ an a regular basis.
(d} Tha ~sers of toxic and hazardous household products
have both an obligation and a right to be informed abaut the
costs and consequences of the disposai of toxic and hazardous
household mater~als.
(e) Retailers who sell toxic and hazardous househo~d
products have an obligation to inform cansumers of such
products abaut their contents and about appropriate disposa~.
SECTI~N 5.36.020. Definit~ons. Far purposes o~ this
Chapter, the fallowing ti~ards and phrases shall have ~he
following meanings:
(a) ]7isplay Area Label. The sign~ge to be used by a
retailer to r,~ark a hazardous household material display area
as prescribed by the Enviranmental Programs Divisian.
(b) Toxic and Hazardous Product. Any product which
falls w~.thin ane af the following cat~gories and whase
ingredients, use or disposal may harm the environment or human
hea~th shall be considered a toxic and hazardous household
product for purposes qf this Chapter:
(1) Toxic or hazardous automotive products,
includinq but not limited to motar oil, gear case oil,
hydraulic ail, brake fluid, power steering fluid, oil and fuel
additz~es, engine co~la~ts (antifreeze}, and engin~
degreasers.
(2) Toxic or hazardous paints and paint products,
including but not limited to paint strippers, lacquer, shellac
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and varnish, wood stains, waod preservatives, paint and
lacquer thinners, rust removers and paint pigments.
(3) Pesticides, insecticides, radenticides,
fungicides and herbicid~s.
(4) Toxic or hazardous chem~cals involved in
swimming pool or spa maintenance.
(c) Retailer. A person offaring far sale or selling a
toxic and hazardous hausehold product to a consumer, within
the C~ty of Santa Monica.
SECTION 5.35.030. Purpose It is the policy of the
City of Santa Monica ~o educate citizens xegarding the toxic
and hazardous nature of certain household products, praper use
af the products, and the praper methods fo~ disposal of
residual products and containers in order to protect public
hea~th and the environment. This Chapter is intended ta
implement this policy ~f educating and informing citizens
about the toxic and hazardous nature of certain household
products, their praper use, and proper disposal methods, and
is nat ~ntended to prohibit or in any way regulate any matter
r~lating to r~gistration, sale, transpartation, or use of
those products.
SECTION 5.36.044. Appl~cability. This Chapter sha~~
apply to all retaz3ers :aho engage in b~siness in thE Ci~y of
Santa Monica,
SECTION 5.36.050. Labelinq R2quirement Applica.bl~ to
Sale or Distribution of Toxic and Hazardous Household
3
Products.
(a) The Enviranmental Programs Division shall develop,
in coaperation with retailers and other interested parties,
and shall distribute to retailers, unifarm warning labeZs ~o
be utilized in display areas containing toxic and hazardous
household products.
(b} A re~.ailer shall affix a display area warning label,
as pr~scribed by the Environmental Programs Division, in a
prar~inent location upon or near the display ar~a of a toxic
and hazardaus household product. If the disp~ay area is a
she~f, and the price of the product is affixed to ~he she~f,
the label shall be affixed adjacent to the price information.
SECTION 5.36.050. Consumer Educatian.
(a) Consumer information pamphlets shall be p~'epared by
the Environmental Programs Division in caoperation with
retailers and other interested parties which provide
information regarding the toxic and hazardous nature of
specified product categvri.es, the proper use of toxic and
hazardous household products, specific instructians for the
proper dispasal of the~e products, and the identificat~an and
availability of safer alterr~ative products.
(b) Retailers shall maintain and prominently display in
a location dzrectly adjacent to the dispZay area warning labEl
pamphlets described in subsection (a) above, which shall be
provided at no cost to retazlers by the C~ty's Enviranmental
Programs Division.
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SECTION 5.36.070. Exemptians.
(a) A business subject to this Chapter ~ay apply for an
exemptian of a specific praduct subject to this Chapter if the
product does not contain any af the substances~ in
concentrations at or above 1%, ar above .1~ for cancer causing
substances, listed in the current ed~tions of the fallowing:
(1) 29 CFR 1910, Subpart Z.
(2) "Threshold Limit Val~es for Chemical Substances
and Physical Agents in the Work Environment," publishEd by the
American Con~er~nce af Gavernment Industrial Hygienists.
(3) Natianal Fire Protection Association,
"Hazardous Chemicals Data" (NFPA 49).
(4} National Fire Protection Association, "Fire
Hazard Properties af Flammab~~ Liquids, Gases, Volatile
Solids" (NFPA 325M}. Includzng a11 items rated II through IV
as heal~h hazards or ~II through 3V as flammability or
reactivity hazards.
(5) U.S. Department of Transpartation's "Hazardous
Materials Table~" 49 V.F.R. ~72.1a1 (May 1985).
(6) National Taxicalogy Program, "Annual Report on
Carcinogens."
(7) Int~rnational Agency for Research on Cancer,
"Monographs, S~pp3er~ent 4."
(8) A list of radiaactive substances in Appendix B
of chapter 1 of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission.
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(9) Parts 172 and 173 of Title 49 of the Code of
F~deral Regu~ations.
(10) Subdivision (b) of the Labor Code Sectiari 6382.
(11) Section 25315 of the California Health and
Safety Code.
{12) A list of legal carcinogens from the California
Cade of Regulations, Title 8, Subchapter 7, Group 16 ar the
list developed by the United States Department of Health and
Human Services on its Second Annual Report on Carcinogens.
(13) A list of p~sticides as issued by the Director
of the Department of Food ~nd Aqriculture.
(14) A list of priority organac pollutants as issued
by the EPA.
(15} A list of extremely hazardous materials in Part
3~0 of Title 40 of the Cade of Federal R~gulations.
(15) A iist of acutely hazardous materials as
defined in Health and Safety Code Section 25532, subdivision
(a) .
(b) A retailer seek~ng to exempt a particular praduct
sha~l submit an application on a form provided by the
Environmental Pragrams Division.
(c) Upon filing of an application for exemption, the
Envzronmenta~ Progra~s Division may reqtzest fram the person
submitt~ng the exer~ption applicatian any additianal
informat~on it deems reasonably requYred to evaluate an
application.
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(d} Upon making a determ~natzon wheth~r or not to grant
an exemption, the Environ~ental Programs D~vision shall notify
the applicant in writi~g.
(~} There shall be no administrative appeal of a denial
of an exemptzon application.
SECTION 5.36.080. Inspect~on Authority. The City
Manager ar the Czty Manager's designated representa~ive is
authorized to enter the business premises during business
hours af any retailer engaged in the sale of toxic and
hazardous househo~d products in the City for ~he sale purpose
of inspecting said premises to determine whether the retailer
is in cornpliance tiaith this Chapter.
SECTION 5.36.~90. Penalties for Noncompliance. Any
retailer found in violation af any provisian of this Chapter
shall be gu~lty ot a misdemeanor. For purposes of this
Chapter, the first cited violatian of this Ordinance shall
constitute a~larning af nancompliance. The cited retailer
shall comply with this Chapter within twenty-four (24) haurs
of the issua~ce of the c~tation. If the cited violation is
not corrected ~aithin the 24-hour period, the violation shall
be considered a misde~eanor.
SECTI~N 5.36.100. Annual Evaluat~on. In recognition of
the rapid changes in hausehola product formuZation, the
effectiveness of this Chapter shall be evaluated in writing by
the Environmental Programs Division not later than ane year
from the effective datE, and no ~~ss frequently than ev~ry two
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years thereaft~r. The ~:ritten evaluation should address the
necessity for r~vislons of the requirements of this Chapter,
and particularly, the necessity, if any, ta modify ~he
definition of "toxic and hazardous hausehold product."
SECTION 5.36.110. Effective Date. The provisions of
Sectian 5.36.050(b) and 5.36.p60(b) shail not take effect
until one hundred eighty (18a) days after the effectzve date
of this Chapter.
SECTION 2. Any provision of the Santa Monica Municipal
Cod~ or appendic~s thereto incansistent ~~ith the provisians of this
Ordinance~ to th~ ex~ent of such incon~istencies and no ~urther,
are hereby repealed or mod~fied to that extent neeessary to affect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision o~ any court of any competen~
~urisdiction, such decision shall not affect the validity of the
r~maining parti~ns of the Ordi.nance. The City Counc~l hereby
declares that it ti•rould have passed this Ordinance and each and
every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutianal ~rithout regard to cahether any portion
of the Ordinance wauld be subsequently declared invalid or
unconstitutional.
SECTION ~. The Mayor shall sign and the City Clerk shall
attest to the passage of th~s Ordinance. The City Clerk shall
cause the same to be publish~d ance in the official newspaper
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within 15 days after zts adoption. This Ordinance sha~l become
effective after 3Q days from its adoption.
APPROVED AS TO fiORM:
~ ,.~.~~ ~Lc-~-f~e
PIIARSHA J~fES I}?OUTRIE
City Attorney
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