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15 ORDINANCE NO. 2064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON REQUIRING THE USE OF RECYCLABLE OR COMPOSTABLE MATERIAL AND PROHIBITING THE USE OF EXPANDED POLYSTYRENE PRODUCTS BY FOOD VENDORS FOR THE TRANSPORT OF PREPARED FOOD WHEREAS, expanded polystyrene foodservice ware (PS6) contributes to litter and negatively impacts the environment, wildlife, storm drain systems and waterways; and WHEREAS, the Regional Water Quality Control Board has issued to the city of Pleasanton a stormwater National Pollutant Discharge Elimination System (NPDES) permit that requires the elimination of trash from Pleasanton's storm drain system and local waterways. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. New Chapter 9.10 (Disposable Foodservice Ware) is added to Title 9 (Health and Safety) of the Pleasanton Municipal Code to read as follows: Title 9 Health and Safety Chapter 9.10 DISPOSABLE FOODSERVICE WARE Sections: 9.10.010 Purpose. 9.10.020 Definitions. 9.10.030 Use of expanded polystyrene foodservice ware prohibited. 9.10.040 Exemptions. 9.10.050 Enforcement and penalties. 9.10.010 Purpose. The purpose of this ordinance is reduce garbage in landfills and assist the City with meeting its stormwater and recycling goals.. 9.10.020 Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Compostable" means that all materials in the product or package will be biodegrade or otherwise become part of usable compost (e.g., soil conditioning material, mulch) in an appropriate composting program or facility. Compostable disposable food service ware includes ASTM standard bio-plastics (plastic-like) products that are clearly labeled. "ASTM standard" means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for compostable plastics, as those standards may be amended. B. "Disposable foodservice ware" means single-use disposable products used by food vendors for serving or transporting prepared and ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers. This definition does not include single-use disposable straws, utensils, or cup lids. C. "Expanded polystyrene" or "PS6" means a thermoplastic petrochemical material utilizing the styrene monomer, marked with recycling symbol No. 6, processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection