Culver City Municipal Code Ch. 5.07 Waste Reduction Regulations

The purpose of this Chapter is to promote environmentally sustainable practices in the City. These practices include, but are not limited to, regulations that reduce solid waste and the use of certain plastics.

(Ord. No. 2021-010 § 2 (part))

For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

BEVERAGE. Any liquid, slurry, frozen, semi-frozen or any other form of refreshment drink.

CITY FACILITY. Any building, structure, property, park, open space, or vehicle owned or leased by the City, or any of its agents, agencies or departments.

CITY-SPONSORED EVENT. Any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City.

EGG CARTON. A container used to hold eggs, in the shell, sold to consumers.

FOOD SERVICE WARE. Any item used to hold, store, serve, consume or transport any food or beverage, including, but not limited to, any container, bowl, plate, tray, glass, carton, box, cup, utensil, straw, stirrer, lid, sleeve, condiment container, spill plug, liner and paper or foil wrapper.

MEAT, FISH OR POULTRY TRAY. Any item used to sell or deliver meat, fish or poultry to a consumer.

PLASTIC. Any material made of either 1) petrochemical polymeric compounds and additives or, 2) petroleum- or biologically-based polymers (such as com or other plants).

POLYSTYRENE. A thermoplastic petrochemical material utilizing the styrene monomer including, but not limited to, rigid polystyrene or expanded polystyrene. Those POLYSTYRENE items which do contain an International Resin Identification Code will contain an International Resin Identification Code consisting of either a "6," an "EPS" or a "PS."

POLYSTYRENE COOLER. Any ice chest or similar device made of polystyrene foam, where such foam is not fully encased in another material.

POLYSTYRENE PACKING MATERIAL. A polystyrene product used to hold, cushion or protect items packed in a container for shipping, transport or storage.

PRODUCE TRAY. Any item used to sell or deliver vegetables, fruit or eggs to a consumer.

REGULATED ENTITY. Any business (regardless of whether it consists of a sole proprietor, corporation, partnership or any other manner of organization) or association, group or organization (regardless of the manner of organization and regardless of whether conducted on a profit or not-for-profit basis).

STIRRER. A device used to mix beverages or to plug the opening of a beverage container lid (i.e., a splash stick).

STRAW. A tube used to transfer a beverage from its container to the mouth of the drinker.

UTENSIL. Any eating implement including, but not limited to, forks, spoons, knives, sporks, spifes, cutlery and disposable flatware.

(Ord. No. 2021-010 § 2 (part))

A. No person or regulated entity shall use or distribute polystyrene food service ware.

B. No person or regulated entity shall sell polystyrene coolers.

C. No person or regulated entity shall use, distribute or sell polystyrene food service ware at City facilities that have been rented, leased or are otherwise being used with permission of the City. This Subsection 5.07.015.C. is limited to use of City facilities for which a person has entered into an agreement with, or obtained a permit from, the City to rent, ease or otherwise occupy a City facility. All facility rental agreements for any City facility shall include a provision requiring contracting parties to assume responsibility for preventing the use, sale and/or distribution of polystyrene food service ware while using City facilities. The facility rental agreement shall indicate that a violating contracting party's security deposit will be forfeited if the City Manager or their designee determines that polystyrene food service ware was used, sold or distributed in violation of the rental agreement.

D. No person or regulated entity shall use, sell or distribute polystyrene food service ware at City-sponsored events, events that are open to the public, City-managed concessions or at City meetings.

E. Effective January 1, 2023, no person or regulated entity shall sell any polystyrene food service ware.

(Ord. No. 2021-010 § 2 (part))

For the purpose of complying with § 5.07.015.A. of this Chapter, in any instance when any plastic food service ware does not contain an International Resin Identification Code, the person or regulated entity using, distributing or selling the plastic food service ware shall maintain acceptable documentation about the composition of the plastic food service ware being used, distributed or sold. Acceptable documentation includes information provided by the plastic food service ware's supplier or manufacturer, information provided on the plastic food service ware's bulk packaging or any other relevant information establishing that the involved plastic food service ware is not composed of polystyrene.

(Ord. No. 2021-010 § 2 (part))

Any regulated entity required by this Code to have a business tax certificate shall certify compliance with this Chapter upon obtaining a business tax certificate and every time that this business tax certificate is renewed.

(Ord. No. 2021-010 § 2 (part))

A. Effective September 1, 2021:

1. No City officer, official, employee, representative or agent who is acting on behalf of the City shall purchase, use, sell or distribute any plastic utensils, plastic stirrers, plastic straws or polystyrene products while acting on behalf of the City.

2. No contractor who is acting pursuant to any contract or agreement with the City shall purchase, use, sell, distribute or otherwise acquire any plastic utensils, plastic stirrers, plastic straws or polystyrene products while acting pursuant to such contract or agreement.

3. While acting as an agent of the City, any agent of the City may only use, sell, distribute, purchase or otherwise acquire utensils, stirrers or straws made from materials which are accepted by the City's organics collection program. However, such City agent may provide plastic straws as an accommodation to a person with a disability who requests a straw in order to enjoy equal access to the food or beverages being provided by that City agent.

4. No City officer, official, employee, representative, contractor or agent, shall use, sell, distribute or otherwise provide any plastic water bottles while acting on behalf of the City or while acting pursuant to a contract or agreement with the City.

B. Effective January 1, 2022, any regulated entity shall only use, sell or distribute utensils, stirring sticks or straws made from materials which are acceptable by the City's organics collection program and only upon a customer's request for any of those items. Anyone, however, may provide a plastic straw as an accommodation to a person with a disability who requests a plastic straw in order to enjoy equal access to the food or beverages being provided by the regulated entity subject to this provision.

(Ord. No. 2021-010 § 2 (part))

Effective January 1, 2022:

A. No regulated entity shall sell, distribute or use polystyrene packing material, including, but not limited to, foam, peanuts, packing peanuts, foam popcorn, packing noodles or shipping boxes; provided, however, that the disposal of any polystyrene packing materials which were part of any shipment originating outside of the City shall not constitute a prohibited use under this provision.

B. Packing materials which are reusable, acceptable to the City's recycling program or acceptable to the City's organics collection program are allowed.

C. Any regulated entity using polystyrene packing material for shipping medical devices is exempt from the requirement of § 5.07.035.A.

(Ord. No. 2021-010 § 2 (part))

Effective January 1, 2022, no regulated entity may sell, offer for sale or otherwise distribute, within the City, any meat, fish or poultry tray, produce tray or egg carton made, in whole or in part, from polystyrene. This prohibition shall be applicable to the actual selling, offering for sale or distribution of any such polystyrene item, as well as to the distributing of any of such polystyrene item in conjunction with the selling, offering for sale or distribution of meat, fish, poultry, vegetable, fruit or eggs.

(Ord. No. 2021-010 § 2 (part))

Effective January 1, 2023, food or beverages served for consumption on the premises of any regulated entity shall only be served on or in food service ware that is reusable. However, paper liners, paper napkins or foil wrappers acceptable to the City's recyclables and/or organics collections program may be used when the food item being served requires paper liners, paper napkins or foil wrappers to contain and/or form the food item being served. To be deemed "reusable" under this provision, food service ware must be manufactured of durable materials specifically designed and manufactured to be safely and repeatedly washed, sanitized and reused over an extended period of time.

(Ord. No. 2021-010 § 2 (part))

A. No regulated entity shall provide any utensils, stirrers, straws or napkins with take-out or delivery orders unless the customer requests such items.

B. Effective January 1, 2022, disposable food service ware used by any regulated entity for take-out or delivery must be acceptable to the City's organics collection program and be free of fluorinated chemicals, as certified by the Biodegradable Product Institute or other independent, third-party certifying organization or agency recognized by the City However, paper liners, paper napkins or foil wrappers acceptable to the City's recyclables and/or organics collections program may be used when the food item being served requires paper or foil to contain and/or form the food item being served.

(Ord. No. 2021-010 § 2 (part))

The City Manager or their designee may exempt any person from any of the regulations of this Chapter, subject to all of the following:

A. Any exemption shall only be granted, for up to a one-year period, upon a showing that compliance with a regulation of this Chapter would cause undue hardship. An "undue hardship" shall be found only in situations where compliance with any regulation of this Chapter would cause significant economic hardship to the person seeking the exemption.

B. Any person granted an undue hardship exemption by the City must reapply prior to the end of the exemption period and demonstrate continued undue hardship, if they wish to have the exemption extended beyond the existing exemption period.

C. An undue hardship exemption application shall include all information necessary for the City Manager to make a decision, including, but not limited to, documentation establishing the undue hardship. The City Manager or their designee may require the applicant to provide additional information to permit them to determine facts regarding the exemption application.

D. The City Manager or their designee may approve the undue hardship exemption application, in whole or in part, with or without conditions.

E. Undue hardship exemption decisions are effective immediately.

F. Decisions of the City Manager may be appealed, by the person applying for the undue hardship exemption, to the City Council. Appeals shall be filed, in writing, with the City Clerk, no later than ten (10) days after the applicant receives written notice of the City Manager's decision and shall be accompanied by any applicable fee set by resolution of the City Council.

G. If the City Council determines an evidentiary hearing is necessary, then notice of such hearing shall be given to the applicant at least ten (10) days prior to the hearing. The City Council shall review the appeal based on a substantial evidence standard and make its final decision no later than thirty (30) days after having concluded any such hearing. The formal rules of evidence shall not be applicable to the hearing and the City Council's decision shall be based on the record of the City Manager's decision, provided by staff, and on any written information provided by the appellant.

H. If the City Council determines no evidentiary hearing is required, then it shall make a decision regarding the appeal within thirty (30) days after holding a public meeting, hearing from the appellant and considering any oral or written reports or other documentation received as part of that meeting.

I. The City Council's decision on such appeals shall be final.

(Ord. No. 2021-010 § 2 (part))

A. A violation of any provision of this Chapter is unlawful.

B. A violation of any provision of this Chapter is subject to the penalties and remedies set forth in Chapters 1.01, General Provisions, and 1.02, Administrative Citations, of this Code.

(Ord. No. 2021-010 § 2 (part))