Pismo Beach Municipal Code Ch. 8.40 Expanded Polystyrene

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. "Affordable" means that a biodegradable, compostable or recyclable product costs no more than fifteen percent greater than the purchase cost of comparable expanded polystyrene alternatives.

B. "ASTM standard" means meeting the standards of the American Society for Testing and Materials international standard 06400 or 06868 for biodegradable and compostable plastics, as those standards may be amended.

C. "Biodegradable" means compostable, or able to be broken down from a complex to a more simple form through the action of bacteria or other living organisms.

D. "City facility" means any building, structure or vehicle owned and operated by the city of Pismo Beach, its agents, agencies, and departments.

E. "City contractor" means any person or entity that enters into an agreement with the city to furnish products or services to or for the city.

F. "Compost" means the product of the decomposition process resulting from the aerobic treatment of organic material.

G. "Compostable" means all the materials in a product or package will break down, or otherwise become part of usable compost. Compostable disposable food containers must meet ASTM standards for compostable materials.

H. "Disposable food container" means all containers that are used to hold prepared food or drinks. Disposable food containers include clamshells, bowls, plates, trays, cartons, cups and similar items that are intended for single use, including, without limitation, food containers for takeout foods and/or leftovers from partially consumed meals prepared by food providers. This does not include single-use disposable items such as straws, cup lids, or utensils, nor does it include single-use disposable packaging for unprepared foods.

I. "Events promoter" means the holder of any event permit issued by the city pursuant to Chapter 12.16 or any city employee(s) responsible for any city-organized event.

J. "Expanded polystyrene (EPS)" means blown or extruded polystyrene or other plastic foams that are manufactured or processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene). Expanded polystyrene shall not include recyclable clear or solid polystyrene (oriented polystyrene).

K. "Expanded polystyrene product" means any item made from expanded polystyrene that is not wholly encapsulated or encased by a more durable material, including but not limited to coolers, ice chests, cups, bowls, plates, trays, clamshell containers, shipping boxes, and packing peanuts. Products made from expanded polystyrene that are wholly encapsulated or encased by a more durable material are exempt from the provisions of this chapter. Examples of exempt products include surfboards, life preservers, and craft supplies that are wholly encapsulated or encased by a more durable material, and coolers encased in hard plastic. Construction products made from expanded polystyrene are exempt from the provisions of this chapter if the products are used in compliance with Title 15, Buildings and Construction and if they are used in a manner preventing the expanded polystyrene from being released into the environment.

L. "Food provider" means any establishment located within the city that is a retailer of prepared food or beverages for public consumption including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer or mobile food vendor.

M. "Person" means an individual, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.

N. "Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer. The recycle code for polystyrene is "6" or "PS," either alone or in combination with other letters. This definition includes and applies to all polystyrene products, regardless of whether they exhibit a recycle code.

O. "Prepared food" means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared within the city. Prepared food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar food establishment.

P. "Recyclable" means any material that is specified in the franchise agreement with the city's solid waste removal provider including, but not limited to, aluminum, tin and bi-metal cans, clear and colored glass containers, high density polyethylene (HOPE), polyethylene terephthalate (PET), clear or solid polystyrene (oriented polystyrene), corrugated cardboard and mixed paper.

Q. "Vendor'' means any store or business that sells or offers goods or merchandise, located or operating within the city of Pismo Beach, including those referenced in the definition of "food provider."

(Ord. O-2015-008 § 1 (part), 2015)

A. Food providers and vendors within the city of Pismo Beach may not provide prepared food in, or provide separately, any disposable food container made from expanded polystyrene, except as permitted in Section 8.40.050.

B. Disposable food containers made from expanded polystyrene shall not be used in any city facilities.

C. City contractors in the performance of city contracts and events promoters may not provide prepared food in disposable food containers made from expanded polystyrene.

(Ord. O-2015-008 § 1 (part), 2015)

A. Food providers and vendors within the city utilizing disposable food containers shall use biodegradable, compostable or recyclable food container products.

B. All city facilities utilizing disposable food containers shall use biodegradable, compostable or recyclable food container products.

C. City contractors and events promoters utilizing disposable food containers shall use biodegradable, compostable, or recyclable food container products while in the performance of city contracts and events.

(Ord. O-2015-008 § 1 (part), 2015)

No vendor or events promoter in the city shall sell or otherwise provide any expanded polystyrene product, except as permitted in Section 8.40.050.

(Ord. O-2015-008 § 1 (part), 2015)

A. The city manager or designee may exempt a vendor or food provider from the requirements set forth in Section 8.40.020A. for a single, six-month period upon written application by the vendor or food provider showing that this chapter would create an undue financial hardship or practical difficulty. The city manager's decision shall be in writing, and the decision shall be final and not subject to appeal. The city manager or designee may approve the exemption application in whole or in part, with or without conditions.

B. The city manager or designee may exempt a vendor or food provider from the requirements set forth in Section 8.40.020A. if the vendor or food provider demonstrates in writing a public health and safety requirement or medical necessity to use a disposable food container product otherwise prohibited by this chapter. The city manager's decision shall be in writing, and the decision shall be final and not subject to appeal. The city manager or designee may approve the exemption application in whole or in part, with or without conditions.

C. An exemption application under subsections A. or B. shall include all information necessary for the city manager or designee to make a decision, including but not limited to documentation showing factual support for the claimed exemption. The city manager or designee may require the applicant to provide additional information.

D. Foods prepared and packaged in expanded polystyrene products outside the city and sold inside the city are exempt from the provisions of this chapter.

E. Raw meat, fish and other raw food trays made of expanded polystyrene are exempt from the provisions of this chapter.

F. In a situation deemed by the city manager to be an emergency for the immediate preservation of the public peace, health or safety, city facilities, food providers, city contractors and vendors doing business with the city shall be exempt from the provisions of this chapter.

(Ord. O-2015-008 § 1 (part), 2015)

A. Any violation of the provisions of this chapter by any person is subject to administrative fines as provided in Chapter 1.24.

B. For a first violation, the city manager or designee may allow the violating food provider or vendor, in lieu of payment of the administrative fine, to submit receipts demonstrating the food provider's or vendor's post-citation purchase of biodegradable, compostable, or recyclable products in an amount equal to the amount of the administrative fine levied under Chapter 1.24.

C. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including but not limited to administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. O-2015-008 § 1 (part), 2015)