Los Angeles Municipal Code Art. 13 Prohibition on the Manufacture, Sale, and Distribution of Polystyrene…

PRODUCTS

(Added by Ord. No. 163,918, Eff. 9/5/88.)

Section

In this article the following definitions shall apply:

“Polystyrene Plastic” means a thermoplastic petrochemical material utilizing a styrene monomoner and a blowing agent compound which is used to produce molded expanded or extruded expanded polystyrene plastic foam.

“Polystyrene Food Packaging” means a thermoplastic petrochemical material utilizing styrene monomoner and blowing agents used for packaging and containing food and drink materials, including, but not limited to, cups, bowls, plates, hinge carryout and sandwich containers, egg cartons, and stock food crates.

On and after July 1, 1989, it is unlawful to manufacture, sell or distribute to any person in this City any product made of, or with, polystyrene plastic unless the product is made using a blowing agent compound and meets all the following criteria:

(a) The blowing agent compound will reduce the potential for ozone depletion by more than 95 percent compared to the ozone depletion potential of CFC-12 (dychlorodifluorothane).

(b) The blowing agent compound will not contribute to the formation of ozone in the lower atmosphere. The compound does not contribute to that formation of ozone if both of the following conditions are met:

1. The compound is not prohibited by any federal, state, regional or local regulation.

2. The manufacture of the blowing agent compound and polystyrene plastic utilized the best available technology, as certified by an appropriate governmental agency which has the jurisdiction to make

such determinations, to control the emissions. For the purpose of this subdivision, the phrase “best available technology” shall mean as follows:

(i) As to an existing facility the best available retrofit control technology as defined in Section 40406 of the Health and Safety Code; and

(ii) As to a new facility or the expansion of an existing facility the best available control technology as defined in Section 40405 of the Health and Safety Code.

(c) The use of the compound has been approved by the Federal Food and Drug Administration for use in food containers.

(d) The use of the compound does not present an significant risk to workers or public health due to its toxicity, corrosivity, flammability or other hazardous properties.

In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this article is guilty of an infraction, which is punishable by a fine not to exceed $50.00 for the first violation, $100 for the second violation within one year, and $250 for each additional violation within one year. Each incident in violation of Section 49.82 shall constitute a separate violation.