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HomeMy WebLinkAbout1794-89 - ADMIN Ordinance - City Council - 1989/07/10ORDINANCE NO. 1794-89 AMENDING CHAPTER 3 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO GARBAGE COLLECTION BY ADDING NEW SECTIONS 9-310 THROUGH 9-320 RELATING TO ENVIRONMENTAL PRESERVATION: ENVIRONMENTALLY ACCEPTABLE PACKAGING THE ST. LOUIS PARK CITY COUNCIL DOES ORDAIN: Section 1. Under the authority of the St. Louis Park Ordinance Code, the St. Louis Park Ordinance Code is amended by adding new Sections 9-310 through 9-320 to read as follows: ENVIRONMENTAL PRESERVATION: ENVIRONMENTALLY ACCEPTABLE PACKAGING Section 9-310. Legislative Purpose. The City Council finds that discarded packaging from foods and beverages constitutes a significant and growing portion of the waste in St. Louis Parks' waste stream. Regulation of food and beverage packaging, therefore, is a necessary part of any effort to encourage a recyclable and compostable waste stream, thereby reducing the disposal of solid waste and the economic and environmental costs of waste management for the citizens of St. Louis Park and others working or doing business in St. Louis Park. The Council further finds that plastic packaging is rapidly replacing other packaging material, and that most plastic packaging used for foods and beverages is nondegradable, nonreturnable, and nonrecyclable. The Council also finds that the two main processes used to dispose of discarded nondegradable, nonreturnable, and nonrecyclable plastic foods and beverage packaging are land filling and incineration, both of which should be minimized for health risks and environmental reasons. Chemicals hazardous to human health and to the safety of the environment are present in the composition of plastic packaging, are believed to leach into the groundwater when this packaging is placed in landfills, have been found to escape into the air when this packaging is burned in incinerators, and contribute to health risks and environmental problems associated with ash residue resulting from the incineration process. The Council therefore finds that the minimization of nondegradable, nonreturnable, and nonrecyclable food and beverage packaging originating at retail food establishments with the City of St. Louis Park is necessary and desirable in order to reduce the City's waste stream, so as to reduce the volume of landfilled waste, to minimize toxic by-products of incineration, to make the waste stream less damaging to the environment, and to make our City and neighboring communities more environmentally sound places to live. Section 9-311. Definitions. As used in this new Section, the following terms and phrases shall have the meanings defined as: (a) "Packaging" shall mean and include all food -related wrappings, adhesives, cords, bindings, strings, tapes, ribbons, bags, boxes, coverings and containers; and shall further include cups, glasses and similar containers for drinking out of or for holding liquids, and plates and serving trays, but shall specifically exclude plastic knives, forks and spoons sold or intended for use as utensils. (b) "Environmentally acceptable packaging" shall include but not be limited to the following: (1) DEGRADABLE PACKAGING: Paper or other cellulose -based packaging capable of being decomposed by natural biological or biochemical processes; (2) RETURNABLE PACKAGING: Food or beverage containers or packages such as, but not limited to, soft drink bottles and milk containers that are capable of being returned to the distributor, such as, but not limited to, dairies and soft drink bottlers, for reuse as the same food or beverage container use at least once; (3) RECYCLABLE PACKAGING: Packaging made of materials that are separable from solid waste by the generator or during collection, for which there is a City -approved curbside recycling program operating in and making curbside pickups in the City of St. Louis Park. Packaging made of either polyethylene terepthalate (P.E.T.) or high density polyethylene (H.D.P.E.) shall be considered to be recyclable if and when it is collected for recycling in the same manner as here stated. (c) "Food establishment" as used in this Section means a "food establishment" as defined in the St. Louis Park Code of Ordinances. (d) "Director" shall mean the Director of the Division of Inspectional Services of the City of St. Louis Park or the Director's designee. Section 9-312. Prohibitions. No person owning, operating or conducting a food establishment within the City of St. Louis Park shall do or allow to be done any of the following within the City: Sell or convey at retail or possess with the intent to sell or convey at retail any food or beverage that is placed, wrapped or packaged, at any time at or before the time or point of sale, in or on packaging which is not environmentally acceptable packaging. The presence on the premises of the food establishment of packaging which is not environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging which is not environmentally acceptable packaging; provided, however, that this subparagraph shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or beverage business. Section 9-313. Enforcement. The Director shall have the duty and the authority to enforce provisions of this Section. Section 9-314. Rules and Regulations. The Director may, upon notice and hearing, promulgate such rules and regulations as may be necessary to carry out the purposes of this Section and protect the health of the public, including the development of exemptions under Section 9-316 for packaging for which there is no commercially available alternative and for flexible packaging. In promulgating such rules the Director shall consider the legislative purposes provided in Section 9-310 of this Ordinance and shall consult with the operators of affected food establishments. Section 9-315. Task Force on Environmentally Acceptable Packaging. The City Council shall appoint the City Manager or his designee to participate on a task force established by the Association of Metropolitan Municipalities (AMM) to study environmentally acceptable packaging and develop an ordinance to be used as a model for other municipalities. The membership may be drawn from affected governmental units, business and industry, trade associations, general business organizations, consumer groups, environmental groups and others as determined by the AMM. The Task Force will be concerned with the following: (a) monitoring industry and governmental actions relating to environ- mentally acceptable packaging: (b) advising the Director of Inspectional Services on implementation issues; (c) advising the City Council on the feasibility of the effective date of this Ordinance and recommending whether or not the effective date should be extended; (d) assisting in efforts to expand the City's recycling program to include the collection of potentially recyclable materials not presently collected, including consideration of financial assistance; (e) recommending actions other levels of government and industry can take to advance the goals of this Section. (f) assisting in the development and implementation of public education programs on recycling and packaging. (g) encouraging adoption of substantially similar regulations by surrounding cities, particularly those cities with a border in common with St. Louis Park. Section 9-316. Exemptions. Notwithstanding any other provision to the contrary, this Section shall not apply to: (a) any flexible packaging of 10 mils or less in thickness unless disapproved by the Director pursuant to rules promulgated under Section 9-314 above; (b) any packaging used at hospitals or nursing homes; (c) any paper, cellophane or other cellulose -based packaging that is coated with plastic; (d) any packaging which is not environmentally acceptable, but for which there is no commercially available alternative as determined by the Director by rule promulgated pursuant to Section 9-314. In determining whether there are commercially available alternatives, the Director shall consider the following: (1) the availability of environmentally acceptable packaging for affected products; (2) the economic consequences to manufacturers, suppliers, retailers, and other vendors of requiring environmentally acceptable packaging when available; and (3) the competitive effects on manufacturers, suppliers, retailers, and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging. Every rule creating an exemption under this paragraph shall be reviewed annually by the Director to determine whether current conditions continue to warrant the exemption. Section 9-317. Penalties. Each violation of any provision of this Section or of lawful regulations promulgated under Section 9-314 hereof shall be a petty misdemeanor, for which the maximum fine shall be $50.00. Each day on which a violation occurs constitutes a separate violation. i Section 9-318. License Adverse Action. A violation of Section 9-312 shall be sufficient grounds for the revocation, suspension, denial or non- renewal of any license for the food establishment at which the violation occurs. Section 9-319. Severability. If any part or provision of this Section or the application thereof to any person, entity, or circumstances shall be adjudged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application which is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this Section or the application thereof to other persons, entities, or circumstances. Section 9-320. Effective Date. This Ordinance shall take effect July 10, 1989, with the exception of Section 9-312, which shall take effect July 1, 1990. The City Council may, however, pursuant to the recommendations of the AMM Task Force created under Section 9-315 hereof and the Director of Inspectional Services, delay the effective date of Section 9-312 for a period not to exceed six (6) months from the effective date of July 1, 1990. Adopted by the City Council July 10, 1989 Attest: y Ck ‘0 ,4,,,,..._ Reviewed for administration: Approved as to form and execution: kg 4 44)401 City Manager City Atto • Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 1791-89 AMENDING CHAPTER 3 OF THE ST LOUIS PARK ORDINANCE CODE RELATING 10 GARBAGE COLLECTIQN BY ADDING NEW SECTIONS 9310 THROUGH 9-320 RELATING TO ENVIRONMENTAL. PRE$ER ATION ENVIRONNIEEpNTALLY LE COUNTY OF HENNEPIN) PACKAGING ' Summary This ordinance Identifies lvslative purpose, defuutions, enforcement, rules and Gregory P t a e l n regulations, penalties, license adverse action, being duly sworn on an oath says that he/sh severability, and effective date under Sections 9-310 through 9.320 - Effective Date This ordinance shall take effect thepublisher or authorized agent and employee of the 15 days after its publicationd gpublisher of the newspaper known Adopted by the City Council July 10, 1989 /s/ LYLE W HANKS S t . Louis Park Sailor , and has full knowledge of the facts which (A copy of thus ordinance is available for ulspec- or bon with the City Clerk ) (July 19, 1989) -SLP stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B) The printed Ordinance No. 1794-89 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on Wednesday , the 19 day of Ju I Y , 19 89 , and was thereafter printed and published on every to and including , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both Inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice a bcdefghil kl m nopgrstuvwxyz Acknowledged before me on this day of 1 , al f I' ugust 19 89 Not MERID2L M HEDBLOM NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY SAY COMMISSION EXPIRES 7-2.02 M BY TITLE Genera I Nianage.r RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 100 per line (Line, word, or inch rate) 544` per line (Line, word, or inch rate) 49 71 per line (Line, word, or Inch rate)