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R-10412City Council Meeting: June 23, 2009 RESOLUTION NUMBER 10412 (ccs) (City Council Series) Santa Monica, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING EXTENDED PRODUCER RESPONSIBLITY WHEREAS, over 100,000 tons of discarded materials and products are currently sent to landfills from our community on an annual basis; and WHEREAS, on February 8, 2006 California's Universal Waste Rule (CCR, Title 22, Division 4.5, Chapter 23) became effective; and WHEREAS, the Universal Waste Rule bans landfill disposal of certain products that are deemed hazardous, including household batteries, fluorescent bulbs and tubes, thermostats and other items that contain mercury, as well as electronic devices such as video cassette recorders, microwave ovens, cellular phones, cordless phones, printers, and radios; and WHEREAS, it is anticipated that the list of Universal and other waste products determined to be hazardous and therefore banned from landfills will continue to grow as demonstrated by the ban of treated wood effective January 2007 and sharps in September 2008; and WHEREAS, state policies currently make local governments responsible for achieving waste diversion goals and enforcing product disposal bans, both of which are unfunded mandates; and WHEREAS, Universal Waste management costs are currently paid by taxpayers and rate payers of the City of Santa Monica area and are expected to increase substantially in the short term unless policy changes are made; and WHEREAS, local governments have no input on the design of the products, make no profit from the products, and do not have the resources to adequately address the rising volume of discarded products; and WHEREAS, costs paid by local governments to manage products are in effect subsidies to the producers of hazardous products and products designed for disposal; and WHEREAS, the City Council of Santa Monica supports statewide efforts to hold producers responsible for Universal Waste products and other product waste management costs; and WHEREAS, there are significant environmental and human health impacts associated with improper management of Universal Waste, sharps, and other products; and WHEREAS, Extended Producer Responsibility (EPR) is a policy approach in which producers assume responsibility for management of waste products and which has been shown to be effective; and WHEREAS, when producers are responsible for ensuring their products are reused or recycled responsibly, and when health and environmental costs are included in the product price, there is an incentive to design products that are more durable, easier to repair and recycle, and less toxic; and WHEREAS, EPR framework legislation establishes transparent and fair principles and procedures for applying EPR to categories of products for which improved design and management infrastructure is in the public interest; and WHEREAS, the California Product Stewardship Council (CPSC) is an organization of California local governments working to speak with one voice in promoting transparent and fair EPR systems in California; and WHEREAS, the City of Santa Monica wishes to incorporate EPR policies into the City's product procurement practices to reduce costs and protect the environment; and WHEREAS, in January 2008 the California Integrated Waste Management Board adopted a Framework for an EPR System ih California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City of Santa Monica urges the California Integrated Waste Management Board to continue taking timely action to implement the Framework for an EPR System in California to manage Universal and other wastes. SECTION 2. The City of Santa Monica urges the California Legislature to enact framework EPR legislation that shifts Universal and other waste management costs from local. government to the producers of the product, and which will give producers the incentive to redesign products to make them less toxic and easier to reuse and recycle. SECTION 3. The City of Santa Monica encourages all manufacturers to share in the responsibility for eliminating waste through minimizing excess packaging, designing products for durability, reusability and the ability to be recycled; using recycled materials in the manufacture of new products; and providing financial support for collection, processing, recycling, or disposal of used materials. SECTION 4. The Manager of the Office ofSustainabilityavd the Environment of the City of Santa Monica be authorized to communicate with the League of California Cities, the California State Association of Counties, and the California Integrated Waste Management Board, and the State legislature and to use other advocacy methods to urge support for EPR Framework legislation. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: A SHA ~ ES MOJJTRIE Cit Attorn Adopted and approved this 23`d day of June, Ken Censer, I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10412 (CCS) was duly adopted at a meeting of the Santa Monica City Council- held on the 23`d day of June, 2009, by the following vote: Ayes: Council members: Bloom, Davis, Holbrook, McKeown Mayor Censer, Mayor Pro Tem O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Shriver ATTEST: ~~ ~ ~ ,f Maria Stewart, City Jerk