Resolution Number 08-08-05-02RESOLUTION NO. 08-08-05-02
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUPPORTING LEGISLATION FOR
EXTENDED PRODUCER RESPONSIBILITY
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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 San Juan Capistrano 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, since local governments and ratepayers, rather than product
manufacturers, currently bear the costs to properly manage universal waste, they are in
effect subsidizing the production of universal waste, hazardous products and products
designed for disposal; and
WHEREAS, the City Council of the City of San Juan Capistrano 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
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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 Integrated Waste Management Board is currently
considering sponsoring EPR legislation, and
NOW, THEREFORE BE IT RESOLVED that the Council of the City of San Juan
Capistrano 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; and
BE IT FURTHER RESOLVED, that the Council of the City of San Juan
Capistrano 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; and
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano 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; and
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano hereby
authorizes the Mayor to send a letter to the League of California Cities, the California
State Association of Counties, and the California Integrated Waste Management Board
and the California State legislators representing San Juan Capistrano to urge support
for extended producer responsibility legislation, and
BE IT FURTHER RESOLVED, the City Council of the City of San Juan
Capistrano directs city staff to make appropriate consideration in the city's procurement
process to give extra credit in competitive bidding situations to those companies
complying with this policy."
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PASSED, APPROVED, AND ADOPTED this `" d f August 2008
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ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 08-08-05-02 was duly adopted by
the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 5`h day of August 2008, by the following vote:
AYES:
COUNCIL MEMBERS:
Allevato, Nielsen, Hribar, Uso and Mayor Soto
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL MEMBER:
None
R. MONAHAN, City Clerk
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08-05-2008