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DISCUSSION Expanded polystyrene (PS6) based products represent an affordable and effective option for the manufacturing of containers used widely for the transport of food and beverages and as a result, these containers are widespread in the food industry. However, their use raises environmental concerns, including the fact that it does not effectively biodegrade. Further, these products are a significant source of litter2 and can also harm wildlife.3 As a result of these concerns, starting in 1990, over 100 governmental agencies within the United States, including the cities of Alameda, Albany, Berkeley, Emeryville, Fremont, Hayward, Livermore, Oakland, Richmond, and San Leandro have enacted full or partial bans on PS6 foodservice ware. In addition to the above issues, the City recently adopted a Commercial Recycling Ordinance that encourages the recycling of the commercial waste stream and there is concern with the fact that PS6 is not recyclable. The proposed ordinance would require that food vendors provide their customers with foodservice ware (i.e. containers, cups, plates, bowls, etc.) that is recyclable or compostable and would prohibit them from utilizing PS6. For example, take-out food prepared by a restaurant or a coffee beverage sold at a coffee house would need to be packaged in a recyclable container rather than a polystyrene container that is more commonly used for this purpose. Based on information from other communities which have adopted similar ordinances, recyclable or compostable alternatives are widely available in the commercial market. In addition to being consistent with the City's recycling goals, the proposed ordinance would further the City's compliance with its Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit by reducing litter that may impact storm water pathways. Enforcement of the ordinance would be consistent with the City administration citation process currently included in the Pleasanton Municipal Code. Ongoing enforcement would be handled through the City Operations Services department. If approved, the ordinance will become effective July 1, 2013; however, no citations would be issued prior to January 1 , 2014, to allow businesses the opportunity to use up their existing inventory of PS6 and identify alternative products that comply with the ordinance. In addition, staff will provide outreach and assistance prior to and for one year after the ordinance effective date. Representatives from the Committee on the Energy and the Environment, the Economic Vitality Committee, Hacienda Business Park, Alameda County Fairgrounds, Kaiser Permanente, the Pleasanton Downtown Association, the Pleasanton Chamber of Commerce, and community members at large formed a focus group to evaluate the requirements and feasibility of adopting this ordinance. The group overwhelmingly supported the ban and provided input regarding the need for public outreach which would include mailed notifications, posters, website information and public presentations. Additionally, staff sent out letters and a FAQ sheet (attached) to all food service-type 2 http://conference.plasticdebris.org/whi[epapers/CJ Moore_Working Our Way_Upstream.doe pg 6,Table 5. December I8, 2007. 3 ham://wr,w.marinedehris.noaa.eoc December 12, 2007) Page 2 of 3