89-02 WHITE - CITV CLERK t .
PINK - FINANCE � COURCII
,CANARV'- DEPARTMENT I �
B�„E _M�„oR i GITY OF SAINT PALTL File NO. � °Z
I Ordindnce � Ordinance 1�0. f�1��
Presented By
Referred To Committee: Date
Out of Committee B�+ Date
', ; An ordinance to prohibit the use 4=18`::89
o�E certain packaging materials for
fpod and beverages sold at retail
i� Saint Paul .
THE COUNCIL OiF TH� CITY OF SAINT PAUL DOES ORDAIN:
Section 1
A new cYpapt�r of the Saint Paul Legislative Code is hereby
enacted to r�ad a�s follows:
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' � Chanter 236
ON:
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Section
The Cou� kaging from foods and
beverages coj rowing portion of the
waste in Sa �ulation of food and
beverage pac ary part of any effort
to encourage waste stream, thereby
reducing th nd the economic and
environm enta] : the citizens of Saint
Paul �and othei in Sa int Paul.
The Cour c packaging is rapidly
replacing o�j zd that most plastic
packaging u��cu ��L �.,�uw �.._ - _ _ __ _, :s is nondegradable ,
nonreturnable and� nonrecyclable.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�ng � [n Favor
Goswitz
Rettman
Sc6eibei a Against BY
Sonnen
Wilson
Form Approved by City Attorney
Adopted by Council: Date •
CertiEied Passed by Council Se�retary ; By �• —�� ��
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By I BY
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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
environm ental reasons.
Chemicals hazardous to human health and to the safety of the
environm ent are! present in the com position of plastic packaging
and have been found to escape into the air when this packaging is
burned in incine�ators, and contribute to environmental problems
associated with ash residue resulting from the incineration
process .
The Council therefore finds that the minimization of
nondegradable, nnnreturnable and nonrecyclable food and beverage
packaging originating at retail food establishm ents within the
City of Saint Paul is necessary and desirable in order to reduce
the City's waste stream, so as to reduce the volume of landfilled
waste, to minimi e toxic by-products of incineration, to make the
waste stream le�s damag ing to the env ironment , and to make our
City and neighboring communities more environmentally sound
places to live.
The Council finds that the plastic packaging used for foods
and beverages Contributes significantly to litter and the
disposal of litter , is more difficult to collect, and lasts
indefinitely until picked up or cleaned up.
The Council has also been made aware of the facts recited in
the Addendum to �his ordinance, which facts have been weighed and
considered as part of the record supporting its passage.
Section 236.02. Definitions. As used in this chapter , the
following terms and phrases shall have the meanings as
defined in this section:
(a) "Packaging" shall mean and include all food-related
wrappimgs, adhesives, cords, bindings, strings, tapes,
ribbon�, bags, boxes, coverings and containers; and
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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) "Environm entally acceptable packaging" shall mean
and include:
( � ) DEGRADABLE PACKAGING : Paper or other
cellulose =based packaging capable of
being decom posed by natural biological or
biochemical processes;
( 2 ) RETURNABLE PACKAGING: Food or beverage
cantainers or packages, such as but not limited
t¢� , soft drink bottles and milk containers, that
a�e capable of being returned to the distributor,
' s�ch as but not limited to, dairies and soft drink
b�ttlers , for reuse as the same food or beverage
, c�ntainer 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 an existing city-approved curbside
recycling program operating in and making curbside
p�ckups in the City of St. Paul. Packaging made
of either polyethylene terepthalate (P.E.T.) or
high density polyethylene (H.D. P. E) shall be
considered recyclable if and when it is collected
for recycling in the sam e manner as here stated.
(c) "Retail food establishment" as used in this
chapter m eans a "food establishm ent" as defined in
section 331.07 of the Saint Paul Legislative Code.
References to retail food establishm ent in section
236.03 are specifically defined herein to include, for
th'e purposes of prohibitions, penalties and adverse
actions against licenses , the owner of such
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establishment and all persons, firms or corporations
operat�ng and/or managing such establishment.
(d) "Director" shall mean the director of the division
of public health of the department of community
services, or the said director's designee.
Section 236. 03 . Prohibitions. No person , firm or
cor oration ownin � ����~
p g , operating or managing a retail food
establishment located within the City of Saint Paul shall do or
allow to be done any of the following :
(a) Within the City of Saint Paul , sell or convey at
retail, or possess with the intent to sell or convey at
retail, any food or beverage which is placed , wrapped
or packaged at any time at or before the time or point
o� sale in or on packaging which is not environmentally
acceptable packaging; nor
(b) Within the City of Saint Paul , provide to retail
customers, or possess with the intent to provide to
retail customers , packaging which is not
environmentally acceptable packaging.
(c) The presence on the premises of the retail food
establishment of packaging which is not
environm entallyacceptable packaging shall constitute a
rebuttable presumption of intent to sell or convey at
retail , or to provide to retail custom ers packaging
which' is not environmentally acceptable packaging;
proviC�ed , however , that this subparagraph shall not
apply ;to manufacturers, brokers or warehouse operators,
who conduct or transact no retail food or beverage
business.
Section 236.04. Enforcement. The c3irector shall have the
duty and the au�hority to enforce provisions of this chapter.
Section 236.P15. Rules and Regulations. The director may
upon notice and ', hearing promulgate such rules and regulations as
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he or she deems necessary to carry out the aims of this chapter
and protect the health of the public, including the development
of exceptions under section 236. �J6 for which there is no
commercially available alternative and for flexible packaging, in
harmony with the legislative purposes set forth in section 236.01
of this chapter and the addedum to this ordinance.
Section 236.9�6. Exemptions. Notwithstanding any other
provision to the contrary, this chapter shall not apply to:
(a) a�y flexible packaging of 0.25 mm (0.�J1 in.) or
less in thickness approved by the director pursuant to
rules prom ulgated under section 236.05 above;
(b�) any packaging used at hospitals or nursing homes;
(c) any paper , cellophane or other cellulose-based
packaqing that is coated with plastic;
(d) any packaging which is not environmentally
acceptable for which there is no commercially available
alternative as determined by the director by rule
promulgated pursuant to section 236.Ql5. In determining
whether there are comm ercially available alternatives
the dilrector shall consider (1) the availability of
enviranmentally acceptable packaging for affected
products ; ( 2 ) the economic consequences to
manufacturers, suppliers, retailers and other vendors
of requiring environm entally acceptable packaging when
available ; and (3 ) the com petitive effects on
m anufacturers, suppliers, retailers and other vendors
involved in the sale of product brands or labels
available only in packaging that is not environm entally
accept-able packaging. Every rule creating an exemption
under 'this paragraph shall be reviewed annually by the
direcitor to determine whether current conditions
continue to warrant the exem ption.
Section 236.07. Penalties. Each violation of any provision
of this chapter or of lawful regulations promulgated under
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section 236.05 hereof shall be a petty misdemeanor, for which the
m axim um fine shall be $50.0P1. Each day on which violations occur
constitut�s a ; separate violation.
Section 236.08. License Adverse Action. Each violation of
any provision of this chapter or of lawful regulations
prom ulga�ed under section 236.04 hereof shall be sufficient
grounds for adverse action pursuant to chapter 31PJ of the Saint
Paul Legislative Code against any and all licenses held by or at
the retail fo4d establishm ent, and by its owner or operator. The
presumptive penalty for the first appearance of such a
licenseh!old�r before the city council shall be a two-day
suspensiqn oi all licenses held at or by the said retail food
establish�nent:
Section 236.�l9. Severability. If any part or provision of
this chapter pr the application thereof to any person, entity, or
circumstances shall be adjudged unconstitutional or invalid by
any court of com petent jurisdiction, such judgm ent shall be
confined in its operation to the part, provision or application
which is directly involved in the controversy in which such
judgment Isha11 have been rendered, and shall not affect or impair
the valid�ity iof the remainder of this chapter or the application
thereof to other persons, entities, or circumstances.
Section 236.1QJ. Advisory Committee on Environmentally
Acce�tabl,e Packa ing. The Council shall, by resolutio, establish
an Advisojry Cbmmittee on Environmentally Acceptable Packaging.
The resolution shall provide for the membership, manner of
appointment, the Committee's charge and its duration. The
membership �hall be drawn from affected governm ental units,
business and industry, trade associations , general business
organizations', consumer groups, environm ental groups and others
as determined in the resolution. The Committee shall be staffed
by the Heal t� Depar tment. The charge of the Comm ittee shal l
include �he f';ollowing:
(a) m onitoring industry and governm ental actions
relating to environmentally acceptable packaging;
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(b) advising the director on implementation issues;
(c) advising the Council on the feasibility of the
effec�ive date of this ordinance and recommending
whethe�r or not the effective date should be extended;
(d) assisting in efforts to expand the City' s
recyc� ing program to include the collection of
potentially recyclable materials not presently
colle�ted , including consideration of financial
assistance;
(e,) recommending actions other levels of government and
iridustry can take to advance the goals of this Chapter;
(f} assisting in the developm ent and implem entation of
public education programs on recycling and packaging;
and
(g) eqcouraging adoption of substantially similar
regulations by surrounding cities, particularly those
with a border in comm on with Saint Paul.
Section 2
Section 331.�7, subd. 26, of the Saint Paul Legislative Code
is hereby amended to read as follows :
Single-service articles include cups, containers, lids
or closures, plates , knives , forks , spoons, stirrers,
paddles, straws, place mats, napkins, doilies, wrapping
material and all other similar articles which are
constructed wholly or in part from paper , paperboard ,
foil, 'wood or other readily destructible materials and
which are intended by the manufacturers and generally
recognized by the public as being for one use only,
then to be discarded.
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P N'ME ^ - FINA CE RK . � � COl�I1C11
'B��ER�_M��oRT""E"T GITY OF SAINT PAUL File NO. �
�I �
� Ord�ndnce Ordinance N a ���
Presented By
Referred To _T Committee: Date
Out of Committee By Date
Section 3
This, ordinance shall take effect and be in force on July 1,
1990. The ci�y council may, pursuant to the recommendations of
the Advisory� Committee created in section 236.10 of this
ordinanc� an� the director , delay the effective date of this
chapter for ajperiod not to exceed six months.
COUNCIL MEMBERS
Yeas Nays ' Requested by Department of:
�Himond
�ng In Favar
Goswicar/
�Rettman
�che;�e� ' � Against gY -
�6onnen
�Wilson
Adopted by Council: Date APR 2 7 �9 Form Appr ved by City Attorney
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Certified Pas e urncil � ta BY -�� ��
By
Approved by ayor: at /��R L � �� Approved by Mayor for Submission to Council
gy v--��: By
����D r,��Y - G 1989
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ADDENDUM
1. The t�se of nondegradable , nonrecyclable and/or
nonreturnabl.e food and beverage packaging, eating utensils, and
food or bevera e bags and boxes is sharply increasing in Saint
Paul's 9RJ4! = l�fd0 licensed retail food establishments. Such
packaging �is routinely discarded and becomes part of the mixed
solid waste str�am.
2. Plastxcs and related materials were 7� of the Twin
Cities' mixed wiaste stream in 1985. Expected national increases
in the use of �lastics has been projected by Franklin Associates
to be 9.8� of t�he waste stream in the year 2Pl0�. Increased use
of plastic food and beverage packaging , plus source separation
taking place with other types of materials , means that plastic
and related m�terials m ay be at least 15� of the mixed waste
stream by 2(�00.
3. Dispmsal of such packaging is the cause of severe
environmental k�arm and is a hazard to public health:
a. If such packaging is disposited in a landfill ,
ther;e are potential health hazards from chemicals in
such packaging which leach into ground water. Until the
Rams�ey/Washington County Resource Recovery plant opened
in 1!987 disposal in landfills was the normal method of
disp�osal of such packaging from Saint Paul. Even with
the plant , some packaging will continue to be
land'filled.
b. If such packaging is incinerated , the process
cre�tes toxic byproduct emissions which are harmful
wheh breathed and which can dam age the ozone layer.
The ' refuse derived fuel produced at the above resource
recbvery plant is incinerated to produce eletricity.
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Although the electric generating plants receiving RDF
from ; waste generated in Saint Paul have electrostatic
preclipitators , these devices reduce but do not
eliminate the toxic emissions, and the emission control
syst�ms can becom e overloaded or malfunction. In
addition, the ash from such electric generation is
land�Eilled and is subject to hazardous chemicals
1eacY�ing into groundwater.
c. $uch packaging usually has a petroleum base, and
ther�efore is made from a nonrenewable resource which
should be conserved whenever possible. In addition,
the chemical composition of such packaging is such
that;, once manufactured , it cannot be recycled into a
prod�ict with the same chemical condition.
4. Landfall abatement through source separation and waste
reduction are '!well�established and high priority public policy
goals in Saint Paul , Ramsey County, and Minnesota. Source
separation an� waste reduction programs have not reduced the
amount of nondlegradable, nonrecyclable, and/or nonreturnable food
and beverage p�ckaging in the waste stream because:
a . 'There is no cost incentive for licensed food
establishments to participate in source separation of
such I packag ing .
b. ' There are insufficient local markets for such
mate�ials if they are source separated.
5. Some �nondegradable, nonrecyclable, and/or nonreturnable
packaging mat�rials are more hazardous than others, and certain
plastic types ;used in food or beverage packaging (e.g. CVCs) are
banned by state law. A city health inspector cannot distinguish
a legal pl.asti;c and a banned one without laboratory analysis of
off=site xeseairch, and thus cannot enforce such legislation on a
practical basi�s. The inspector can tell the difference between
acceptable piackaging and plastic during an on=site food
inspection.
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6. For a significant proportion of nondegradable ,
nonrecyclable �nd/or nonreturnable food or beverage packaging,
alternative paGkaging exists which is degradable, recyclable,
and/or nonreturnable.
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Cit Couneil A e da 4/27/89, Item No. 5: Final Adoption 89-2 An ordinance �
creating a mew C apter 236 of the Legislativp Code prohibiting the use of .�.�,�
certain packagin materials for food and beverages sold at retail. (Public t�
Works Committee ecommends approval with amendment.) v��
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Mr. Chair:
I would like to �tate for the record:
l. I believe itlis the responsibility of each of us to save the environment
for now and the future.
2. I believe th�is plastics issue is a national and state issue.
3. I believe th;is ordinance--although it will probably be superseded by state
law--is a sy�nbol of an attempt by Saint Paul/Minneapolis to serve as an
example in the plastics recycling.
4. It is regretable that the author was not listening when he asked of my support
for this legislation. I said that I was concerned that 1) it did not mandate
recycling; 7) it had no enforcement dollars attached; and 3) it needed to be
done on a caunty or state basis. Nonetheless, a letter was sent out`stating �
my indecisiqn. That was a lack of wisdom by the author. ��1���
5. I am not in 'a quandary over this issue. I am in a quandary that it is only
geared to fqodstuffs and not plastics like detergent bottles, etc.
6. I believe tlpis ordinance should mandate recycling of plastics. I would like
to amend it today. However, if the motion fails, I shall be bringing it to
anothex' vote shortly. The recycling or reuse of plastics is mandatory.
7. This issue Should not divide the City and County and Councilmembers--nor should
a thoughtfu� process be deemed as unsupportive. I support this ordinance
because we �nust act collectively rather than sole. The County is the
respomsible party in this area. The passage of this ordinance is fashionable.
The work to make plastics recycling work is the grunt work that will indeed
make this hppe a reality.
Janice Rettman,', City Councilperson
April 27, 1989 'i
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THE 90CIETY OF THE PLASTIC8 INDUSTi�Y OF CANADA
� � t�A SOCI�`T� DES IN�USTFt1E8 GU PLASTIGIUE DU CANADA
tI262 DON MILLS ROAD.SUITE t0a.OON MILLS.ONTARIO M38 2W7 TELEPHONE.di 6-44¢344a TELEX 06-966739
, FAX:(416144�5685
PACKA6IN6 IiITHOUT PLASTICS
A recent study carried out in West Germany examines the
environmental and economic consequences arising from the
hypothetic�l elimination of plastics from all packaging �
applicatioms.
The result� clearly show that without plastics:
* Ton�Mage of waste Mould increase 413'l .
* Yoly�e of raste rMOUId increase 256x �
* Ene�gy consuiption �+ould increase 201t
* Cos� of packaging rould increase 211x
AttacMed is a copy of the surtmary report carried out by
the Societ,� for Research into the Packaginq Market.
If yau have any questions concerning this report or about -
plastics and the environment, please writ� or cal� me.
Ron Hayter
Director o� Environmental Affairs
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25 April , 1988
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' ASSO�IATIpN OF THE PLASTICS PRODUCiNG INOUSTRY (REGISTERED ASSOCIATICN)
' , � PACKAGING WITHOUT PLASTIC: .
MORE WASTE ANO INCREASED USE OF ENERGY
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NEGAfiIYE �ONSEQUENCES FOR TNE ENYIRONMENT, THE ECONOMY AND THE CONSUMER
********�*�**********
At present plastics are used in the packaging sector to a considerabte
extent. Th�ir share ot the packaging market is 14X, according to weight,
and their s�are according to value is 27X. �
what would �e the consequences for the environment and for the ecQnomy if
plastics we�-e abandoned as packaging materials? What would be the results
of sub$tituting them with other materials? The Society .tor Research into
the Patkagimg Market, in Miesbaden, investigated this on behalf of the �
Associ�tionlof the Plastics Producirg Industry, and now presents the . �
outcome of the study to the public. • � .
THE 6URDENSjFOR THE CONSUMER .
The pa�kaging market researchers in Wiesbaden predict in thelr study that a
substitution for plastic packaging would mean considerable negative
consequenceS for the environment, the economy and the consumer.
The weight qt .the amount ot packing material done wouid be increased more
than fourtold. The result: a drastic rise in expenditure and an increnstd
use of energy for transportation and handling ot goods.
� A11 ot the �ndeavours, over many years� a reductlon ot the mattrtals used,
and thus a �rotection of �esources, the avoidance ot waste through optimal .
packaging ar�d "slimming-down" ot indivldual packing materlals would be �
turned intoithe opposite with one stroke. The lncreased requirement for
paper and calydboard would be around 54x, tor glass 21% and tor metals 53x.
At the same time, howeve�, this would mean that tinancially twlce as much
as previous�y would have to be spent tor the packaging ot goods, wA1ch at
present are !protected by plastic - with clear financial burdens tor the
conswner.
The most si�niticant consequences are those which would arise tor the
environmenta They can be seen directly trom the change in the volume ot
waste and the energy required. According to the researchers in Wlesbaden.
. the substitUtion of plastics wi11 make the volume ot packaging in the
rubbish bin swell up to 256X, and t�e voiume collected in a compressed torm
in rubbish collection vehicles up to 213X.
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� One of the most important indicators regarding damage to the environment is
the use of energy. Without plastics as packing materials, it wili also
increase to double the current requirement (201'�) .
To a considerable extent, the use of plastic packaging contributes directly
to the reduction of the amount of waste, the use of energy and the cost of
packaging.
NO REASONABLE SUBSTITUTE IS POSSIBIE
The development of the packaging sector is closely connected to the whole
industrial development and is marked by a strong increase in the area of
consumer packaging up to the middle of the seventies. In the past few
years a slowing—down process towards more optimal conditions got under way,
and has not yet been concluded. Just because of plastics, it is leading to
a sustained reduction in the materials used proportionate to the amount of
goods packaged. In addition to the consequences already referred to, a
substitution for plastics would slow down this process or even bring it to
a halt.
The investigation by the Society for Research into the Packaging Market
refers to packaging, where the main material is plastic. The inclusion of
packaging made out of other materials, in whlch of necessity plastic
elements such as glue, lacquer, coatings or seals are used,. have n.ot even
been considered.
Detailed tests were made on individual types of plastic packaging to see
� which materials could be substituted for them today, if plastics were no
longer available. In doing so, the basis for th's was the current level of
technotogy.
The study showed that often the substitute packa�ing was not as suitable as
the plastic one, so that restrictions in quality M.►ould have to be �
accepted. It was not possibte to find substitute sotutions to� some
packaging that were even partially reasonable. Nithout plastics, the
products packaged could no longer have been marketed.
08l12/87/G
CONSEOUENCES OF ABANDONIN6 PLASTICS IN THE PACKAGING SECTOR
AMOUNT OF NASTE IN TONNES � +404X
YOLUME OF MASTE +256x
YOLUME OF COLLECTED WASTE +213%
USE OF ENERGY +201X
EXPENDITURE +212X
SOURCE: SRPM-STUOY "PACKAGING WITNOUT PLASTIC", 1987
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Society fpr Re3earch into the Packaging Market plc
Emser Str�se 34
6200 Wiesbaden
Tel : (06�21) 402071
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Introdu t
c ion I
Oevelopmeint ot the Use of Packaging. . .
Ob�ect of� the Investigatlon �
. Sumnary of the� Resul ts �
Tabie 1: Wleight of Material - Filling-up in FRG
Table 2: Estimate ot Costs for Packaging Materials - Filling-up in �RG
Table 3: Weight oi Material - Consumption in FRG
Table 4: V!olume of waste in Household Containers
Table 5: �Vlolume of Waste Collected
Table 6: �alance of Energy Conswnption
Graphic 1: Weight of MateH al - Filling-up in FRG (clrcles) �
Graphic 2: Weight of Material - Filling-up in FRG (bars)
Graphic �: Wetght ot Material - Consumption in FRG (circles)
Graphic 4a: Yolwne of Maste in Household Containers (circles)
Graphic 4b: Yolune of Maste Collected (circles)
Graphic 5: Yolume of Xaste Cotlected (bars)
Graphic 6: Baiance of Energy Consumption (bars)
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• PACKAGING NITHOUT PLASTIC
Ecological and Economic Consequences of a
Packaging Market Free from Plastic
Summary of an Investigation by the Society for
Research into the Packaging Market
on behalf ot:
The Associatlon of the P1astics Producing Industry
(Registered Association)
Karlstr. 21 �
6000 Frankturt am Main
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' � TNTRODUCTION �
Today plastics 4f all types are used in the packaging sector to the largest
extent ever. Ttoe topic of this investigation is to see if, and to what
degree, they carp be abandoned, and to examine the consequences and the
subsequent subs�itution with other materials that this would cause.
The preoccupatimn with the question "What happens, if .....?° should not be
misunderstood aS a mere mental exercise. On the contrary, it is relevant
wherever the di;cussion is in danger ot sticking in the forefront, and `where
. signiticant tendencies in the development are overlooked.
The forefrant iS primarily the "i�M of plastics, to which the German term
(Kunststoffe) c�ntributes. It sounds like a contrast to the conventlonal
materials, ' whict� to a large extent have an ancient tradition based on �
craftsmanship - working with iron, the productlon ot glass or paper. Thus,
in publlc awaremess these seem tc be classified as famillar and natural ,
good and so1ld, ,whereas piastics, which essentially have only appeared in
the past 30 yea�-s, are regarded largely as something new, artlfical and
therefore perhaps also unnecessary, created arbitrarily by "lndustry". On
the one hand there is the secure ground of familiar materials 1n broad
daylight; on the other hand that incomprehensible, or at teast not
understood, res�Utt of the incarnation of modern industrlal companies, of
"large-scale chemistry", threatens under black clouds.
Of course,! this. sin�lified picture overlooks the fact that since the middle
ot the las!t century other maxerials have no longer been produced in the
traditionah way� of the crnftsman. Instead, they owe their coa�petitiveness
to mass pr�oduct�on, the sclence of modern englneeH ng and chemistry - this
is particularly va11d in the case ot the productlon ot cardboard and paper.
The develo�ment of packaging is closelv related to the whole ot modern
industrial; deve�lo_. It encouraged and made possible.:- -
- The concentrated production (in one place) ot uniform products in
large 1ot quantitles on efticient machines, i.e. at low prlces per
piece and thertfore internatlonally competitive;
- Modern 1o�gisttcs (with repercusslons for transport and
carmunica�tions), wlth standardized palettes (unit construction systems
made of modules), standard-slzed stock-rooms, contalners etc,
tacilitat'ing a quick turnover and shorter perlods of storage at a very
high quan�ttty ot articles; .
- The moderm organizatlon ot retall trade, converslon to selt-servlce
with a grieat variety ot otters 1n relatively limited spaces, and
handling �by relatively tew sales statf.
The basic conce�pt ot everv (good) packiaalna is the complete protection, it
possible, ot t��e propertles glven to the product during 1ts productlon, and
pnssing them on to the ultimate buyer, without them being lmpaired by
transport, weat�her conditions or the length of storage.
.
�
;
' ` ��-�
PACKAGING In the public discussion packagings are being jud ed /� �
WI7HOUT increasin 1 ne ativel In the course of this 9
9 y 9 y• , plastic as
PLASTIC a packaging material is exposed to more and more criticism.
To a large degree, the discussion is being conducted without
sufficiently reliable sc�entific data. Consequently, we
have commissioned the renowned Society for Research into the
Packaging Market (SRPM), which also works for the Federal
Office for the Environment, to carry out an investigation
into the effects of abandoning plastic in packaging.
This report gives a sumnary of the nature of the problem and
the results of the investigation. A detailed documentatfon
in two volumes with extensive material in table form can be
acquired dirett from the Society for Research into the �
Packaging Market.
Association of the
Plastics Producing Industry (Registered Association)
December 1987 �
i
I . ,
. Each renu�rtctat,ion of plastics wouid at least partially slow down or even
bring to a hal�t this continuing process towards more optima) conditions.
There can be n�o doubt that the attack made by plastics on the bastions of
conventianal packaging materials and the occupation of large areas of their
territory has jled to speedier and more intensive processes towards more
optimal condit,�'ions in many areas. The removal of the competition created by
plastics 'would cause these efforts to wane pa�tially.
Unfortunately, the overall �esult of all these, to some extent, contrary
movements for �the use of packaging materials �in the Federal Republic of
Germany has nqt been calculated and presented anywhere. In our
long-standing study of this toplc* we have onty been able to work out clear
outllnes for Lhe branch of packaaina of drinks, whish deservedly or
undeservedly i!s the centre of attention, and is additionally complicated by
the tact that the packaging is reusable:
.
- here tha totat consumption has been climbing extremety steeply since
1970, ar�d continues to do so almost without lessening (from 1970 to
1985 by 165X - according to delimitation by the FOE) ;
- the non�returnnble consumptlon is growing even more strongly (}rom
1970 to 1985 by 360X), because although the returnable quantity if
continui!ng to increase in absolute tenas (fran 1970 to 1985 by
138.9X),; it is toosing its percent share. .
Although this is an extremely strong, almost unique developnent, � it 1s still
not possible �o talk about an "avalanche of rubbish fran the packaging ot
drinks'�, as 1� so often claimed.
Rather
- The useiof packaging materiats for consumption in the FRG is growing
1 n the f'ol 1 owi ng way:
1.000 tonnes
1970 1,213.6
1973 1,608.7
1975 1,621.0
1976 1,670.0
1980 1,709.7
1983 1,722.0
1985 1,699.7 . .
* caapaire nuaierous studies done by the SRPM, both tor the Federal
OttiQe of the Environnent and tor the packaginq industry {including
presa reteases).
I
. { i
� d �=°�
� ' The "originality° af the product, which continues to become increasingly � ���0'��
important owing to 1ega1 specifications such as extended liability�for the
product, not only means guaranteeing freshness, purity, protection from
contamination and micro-biolagical deterioration, but equally the protection
against detormity and breaking, preservation f rom drying-out and loss of
weight, or on the other hand, dampness etc. , i .e. compiete preservation of
quality.
DEYELOPMENT OF TNE USE OF PACKAGING
The development of packaging .is marked by two larae. mutuallv complimentarv
move__ments:
- Owing to expanded consumption and the assertion of self-service
marketing, there was a very strong increase in wrapped products withfn
consumer packaging, particularly in the period up to the mid-70's. �
- On the .other hand a long-lasting process towards more ideal conditions
began for reasons of expenditure and technolo9Y, and is still not
over. This has lead to a sustained reduction in the materials used
proportionate to the amount of goods packaged. This development has
several facets:
-- replacement of heavy packaging materials wlth 11gAter anes, .
e.9. glass and tinplate with plastic or plastic combinaLions
(coated cardboard), . .
� -- replacement or partial replacement of r1g1d packaging with
tlexible packaging, primarily in the area of mail order and
palette packaging, e.g. replaceme�t ot cort�lete cardboard
packaging made ot corrugated or complete cardboard with trays
and shrink fllm,
-- reductlon of the number ot packets and conslderable reduction
of the weight of packets th'rough an lncrease in the average
content of consum�r packages (because the use of materials is,
in gene�al , considerably inoce favourable with la�ge�
packaging; on the other hand, the growth ot the
indivldual-pack�gfng sector is limlted to a tew goods, such as
drtnks, ready-to-serve meals etc);
-- The continual decrease 1n the inttlal weight of the packaging
(both ot plastic and glass and tinplate, as we11 as vtrgln
paper. The increased portlon ot short fibrous oid materlals
in corrugated cardb.oard prevents the reductlon of the initial �
weight. In this lnstance, one has reduced the inixial area of
material through a more economlc constructlon - "r�rrap-around•
boxes. halt-boxes� trays, open at the top).
The °over-packaging" otten referred to in the pubttc discusslon, a
technologically unnecessary, more lavlsh packaging done tor reasons of
marketing, is restricted to relatively small se�nents, in whlch the contents
can be represented as being particularly luxurious, because of the packaging
(no mass segments; for the bulk ot the food and semi-luxury foods, as we11
as che�nical-technotoglcal products, 1t is pure marketing). To this extent
1t is an exception to the general rute.
. �
i
� � - Re�lacefient Stage I: all plastic packaging to be replaced by�
competitive materials for packaging. In contrast
with Stage 2, packaging where the essential
' material �s not plastic, but contains small
� portions of plastic (e.g. PYDC-coated cellophane,
cardboard contlnations, PP-coated atuminium
dishes etc) , are also to be permitted by the
replacement. �
- Replacerhent StageII: the replacement only permits packaging without
plastic contents of any kind.
Naturally, th� reptacement at both stages 1s carried out within the
framewor�c ot the lst-situation in 1985, with regard to quantity. Also, the
same structur� regarding the slze of the contents was used as a basis. Only
in those casea where substitute materials were not avallabte in the same
size at the tlme of packaging, were others used (e.g. the 1.5 and 2 litre
plastic bottl�s for non-alcoholic drinks had #o be replaced by 1 litre
- non-retu!rnablt glass bottles).
Substitwte maxerials which were considered, were those whlch were found
previously, oir still are found, in individuat branches dealing with goods
filled into p�,ckages (occasionally also those used tor analogous goods). At
the same time;, we tried to keep the area, for which we felt there was. "no
replacement• �mongst current cort�etltive packaqing, as small as possib]e. _ �
This meaint th�t restrictions 1n the quallty of the substitute material were
accepted. These restrictions are exptalned thoroughly in the text. To have
held rig�ouroualy to the same qualities ot the product would have deminished
the areai to ble corr�pared too mucA, and would, therefore, have reduced the
meaningfuln�sa of the comparison.
Ptastic packaging has a breadth of types and area ot use, which is hardly
parallelled by all other competitive packagings put together:
- Packagl�gs made of paper are to be tound as competitive materlals in
th�e whoye area of tlexible packaging (bags, packets, carrler bags,
wrapper�j, but with the except9on of sh�ink t11m; with respect to
rigid hpllow bodies, derivattves ot paper are barely represe�ted
(c�ombin�tion packs, flbre druns made fran coiled paper, cardboard �
cups).
On tbe other hand, the only targe area for which plastic does not have
a direc� couterpart is that ot card, plain cardboard and corrugated
ca�dboal-d.
- Packa91h9 made ot steel (primarily tlnplate) 1s to be found in all
types oi Mgid: hollow bodies, as well as in closures.
�
c,✓� o�
� � i.e. since the stee incr d���0'��
P ease up to 1973, it has remained at about� the �
same level.
- on the other hand owing to the increase in recycling (glass
according to SRPM, the rest according to the F8E-method) , the �
quantity of waste to be disposed of has developed in the
followirtg way:
1_,000 tonnes
1970 (estimated about) 1,150.0
1975 1,476.3
1976 1.501.5
1980 1,345.4
1983 1,243.5
1985 1,085.4
OBJECT OF THE INVESTIGATION
Ne have limlted the area of the main investigatton, 1n which all datn is
calculated and recorded precisely, to packaging where the essential material
is plastics. Cellophone, which is also made trom the raw material
cellulose, as is paper, is not lncluded among the plastics.
Those packagings which are� composed pa�tially ot plastic, are dealt with in
an appendix. It one wanted to rigourously exclude all plastic frau
packaging, then one would have to include the whole, extensive area in which
plastics or� their derivattves are used as iacquers, seals, coatings, glues.
Theretore, our preclse examination, naming the slze ot the market, is
limited to packaging with a slgniticant percentage ot plastic, according to
weight, such as:
- Aluainiun and tlnplate tops (seals)
- Coated cardboard (bulk packaging)�
- Coated paper, cardboard (including paper bags, cardboard cups,
combination packs)
- other hollow bodies, such as steel barrels with an interio� container
made of PE, PP-co�ted aluminluru dtshes.
- packagfn9 accessories (bands, adhesive tapes).
A11 of our ti9ures re]ate to the year 1985. It fs important to stress this,
because the plastic-packa91n9 market is still tluctuatin� stfongly, and
often figu�es tor 1986, or even pro�ected tigures to� 1987, are already
being used 1n calculatlons.
A11 tigu�es are based on the SRPM-Packagin9 Panel tor 1985 and �dditlonal
enquiries relating primarlly to the raarket tor flexible packa�ing. The
calculation was made in each case for three stages:
- . ist Situation in 1985, i.e. the actual use of
packaging� not sub�ect to any restrictlons
regarding plastics.
.
�
� . �—�
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GVId Ws�USaao tur V�rp�aunqim�rkNOnaunq moM Emt�r Stae�3r 6200 WiesOaa�e Te1HOn�0612t)t020Tt �
ESTSMATE OF CDSTS FOR
Tab. 2: PACKAGING MATERIALS
(WITHOUT PLASTIC PACKAGING
NOT TO BE REPLACEO, FOR
FILLIN6-UP IN THE FRG) �,
T.�kci Yc.it�� ��.t�..��j Matc.�;�s
Gesamtwert d�r Pack'tfiittel (TDM) Ve�and.
ist-Zustand ""ry"'Er`s�fi�ffg G��G�
ISt - Si�tc.G{io� � Stuf 1 � . .. , o�o
- Bottl es 63t.900 786.400 t 24,5 �
Cans 243.400 306.500 125,9 �G
6arrels 156.t00 197.600 t26,6 x
Tubes 55.000 58.800 �06�,9 x •
Coated Ti ns 444.700 309.900 69,7 %
Buckets �72,�pp 265.500 . t 54,3 X
� Stockable Crates 149.200 111.900 75,0 %
Foani Polystyrene 403.800 524.100 129�8 x
Cups 560.100 919.200 164,1 x
l Closures
371.900 422.200 113,5 x
Fi 1 ms 1.568.100 5.405.900 344,7 x
� Othe r Fi 1 ms 62�,200� t.831.000 294,8 %
Textile Packagin 129.900 377.000 290,2 x
Other Fi 1 ms 21>,500 582.000 275,2 %
Al l Pacicaging 5.718.900 t2.098.000 211�S x
. � .� �. . . i' I . . . . .
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The balance of energy consumption (Table 6, graphics 6 and 7) is raised to
almost exactly double the current requirement, namely to 200.7'�. Here, too,
the changes for individual packaging materials are extremely different
(graphic 1). However, the increase in total consumption is a clear
indicator of the growing danger to the environment, resulting from
replacement.
HMC/PAU/21 1 88
. '� � ''� � � � � � � ���-�
/��BJrO
The following data is available (in 1,000 to) :-
Increased Oemand if
Production 1985 Plastics are Replaced
' in 1,000 to in X Product
Corrugated Cardboard 2,333 1,246 53.4X
Cartons, Plairt Cardboard 764 422 55.2X
Cellophane 44 ca. 9.5 461.9X
Glass 2,686 561 20.9X
Tinplate-Ho]loMr 8odies 480 336 70.iX
Tinplate-�Closuires ca. 70 35 50.OX
" Stee1 Barrels 2g6
67 22.6X
A1 umi ni ura Cans;, Bottl es � 38.9 20.6 53.Ox �
Aluminlum Tubea 5.9 2.9 SO.ix
� Alwniniwn'� Closµres 20.2 16.8 83.2x
The cons�npt3on i� the fRG ot the tonnage ot packa�ing materials used (Table
3, Graphic 3, only difters from the use ot packaging materials for �
t111ing-up, owing to 1111ed packagin9 rt�ateMals imported and exported. It
increases .ln Repl�cement Sta9e iI to 413x, 1.e. marginally mo�e than the
packaging mate�lals used for f111ing-up.
The necessaryr vol4me ot waste fo� consunption in the FRG (Tables 4, 5.
graphics 4a, 4b, Sj srrells accordingly, owin9 ta the replacanent. �
- the vot�ne 1n receptacles to 256X of ist-Sttuation
- the volume t�o� collectton to 213X ot ist-Situatton
In respect or mos� r19id hollow bodies, the change canpared wlth the
ist-Situation ts low. In co�trast, it is extranely great for tl2xible
packaging. For datails see graphlc 5.
In our sumnarizing tables (1 - 6) it was decided not to present the results
of Replacement Stage I, because the results from Stage II (where no
packaging materials containi�g plastic of any sort would be allowed any
mcre) are expressed much more clearly and plainly. For the same reasons, we
have given a version each time, both in the lst-Situation and in Replacement
Stage II, in which the amounts of plastic, which could not be replaced in
- Stage II, have not been taken into consideration.
To clarify the enclosed graphlcs (circular diagrams), it should be pointed
out that their area reflects, to scale, the numerical re]ationship between
the total amounts compared.
StINMARY OF THE RESULTS
The consequences of rep]acement ot the tonnage of packaging materials used
tor filling up in the F'RG (compa�e Table i and graphics 1 and 2) are
extremely serious. If one looks at the figures resolved for the secto�
where no replacement is possi,ble, the increase in the use ot packaging
materials, canpared with the ist-figures, is more than tourfold (404x). This
means that al1 of the cost-intensive endeavours, over many years, to reduce
the use of material through more suitable packnging and "slirtming - dowr�"
individu�l pnckaging materials would be turned into the opposlte with one
stroke. The development of indiv,idual types of packaging materials varles a
great deal. The growth rates fo� �1gid packaging materials are lower (in � •
general up to 165%). with the exception of blown bottl.es (524Xj an� foam
polystyrene packaging (639%). The growth in flexible packaging is colossal
(387 - 863X. For details see graphic 2.
The costs have only been estlmated superficially (Table 2). The total value
ot packnging materlals would �be raised to 211.5X ot the ist-Situation.
Here, too, the difterences between rigid packagtng materials, whlch increase
in general to 1309� (except for tubs 164x, buckets 154x) and flexible
materiats (290 - 245Xj are very great.
The amount at additional packa9in9 a�terlals necessary fo� replaceiaent
becoa�es cleare�. it one canpares the lncreased consumptlon (Replacement
Stage II) with the relevant production in 1985.
- Packaging made from aluminium is only to be found in rigid ho]low
� bodies where the contents of the goods in them is small . Aluminium is
only used: for bottles in exceptional cases (pesticides). Its use of
lids is slgnificant. Foi1s made just from aluminium are only used in
a fe� are�s., whereas they are widely used, if made from a combination
with other materials (pape�).
- All other, materials (wood and mechanical wood pulp, cellophane, other
materials such as i�dia rubber, fabric etc). can only be considered in
relatively narrow areas.
Also, the exceltent possibility ot modifyi�g plastics (quite apart from
their potentlal ' in canbination with other packaging materials) has helped
plastics tp conquer a territo�y in the area of packaging, which is about
equal to that heid by all the canpetitive materials together. This
underlines the mportance and extent of the study at hand.
The figure� fo� packaging materials have been calculated each time tor two
relevant 1�velst
- for �1.11ing-up (=the production ot goods filled into packaging) in the
FRG;'
- for the cmnswnption ot goods filled into packaging in the FRG, whlch
ditfe�s ftam the productton ot'such goods by the amount of tilled ��
packnging�material exported and ia�orted.
We would have liked ve�y mucb to provide figures fo� the production of
� packagtng mate�tal in Gern�any too, because the fi9ures quoted in the Federal
Statistics (spe¢ial s�:ries 4, nurt�be� 3.1) are to sane extent ve�y
unreliable. However, a conversion fraa ou� ti9ures for fiillnq-up, with the
help of the statlstics for forelgn trade, did not lead to any practical
results, because the nanenclature ot the statlstics for forelg� t�ade did
not differentia�e clearly enough between the lndividual types of packaging
materials. '
. The following parameters were calculated:
- weight ot�material in to (level 1 and 2) .
- quantlty �n 1,000 Qleces for rigld packaging �terial (level 1 and 2)
- quantity 1n 1,OOOaK area for flexible packa9in9 matertal (level �i and
2) .
- Packaged voluae in 1,000 litre, as dlraensions to help calculate the
volune of 'waste tor hollow bodies (level i and 2)
- voluae ot waste co�tal�ers in 1,000 1it�e, i.e.voluae of collectin9
container� in houses (level 2) • •
- volud�e of ;waste collectlon in 1,000 litre, i.e. volume of waste 1n the
refuse lor�ry atte� collection (level 2j
- the value �ot plastic and substltute packagtn9 mateMals could o�ly be
ascertaindd approxlmately, as an esLimate, wlth the help ot p�ices
� � taken troa� the statistics for production.
i
�v?
/ �(O�'� .
To calculate the volume of waste we are using as a basis� the first reliabte,
empirical investigation carried out by the Institute of Technolocy and
Economic Trade� at the University of Economics in Yienna. The density of the
volume of waste expelled there in Kg/1 1s onty meaningful for the conversion
of tonnages of packaging material very generally, and applies only to
domestic waste 1n the narrowest sense. In compariso� wlth this, in our
calculations we a�e dealing with packaging materiais, in individual areas of
filling-up, which have quite different sizes and with flat packaging
materials, quite different thicknesses.
Consequently, wlth the help of the structures calculated by the SRPM -
Packaging Panel fo� Germany, we had to develop factors, by which the volume
of waste
- for rigid and semi-rigid hol]ow bodies, relates to the outer-volume ot
these hollow bodies. (Th1s outer-volume can be calculated from the
volume oT the contents.
- for flat packaging materials, including cardboard boxes, plain
cardboard and corrugated cardboard, relates to the area of the
packaging mate M a1.
However, despite all the care which was applied, we do not conslder the
factors developed to be va11d generaliy. No�etheless, they .are serviceable
as a standard for the purpose of comparing the volume o} waste fraa plastic
packaging materials with that trom coa�etltive packa9ing materials. �
-Owing to the tack of available, en�irical lnvestigatlons, we were unable to
present that whtch is certain to be most lmportant to contemplations
�egarding national econaaq� - the voluma to be disposed ot. Even witb
avaflnble, empirical lnvestlgat�ions, 1t could be dlttfcult to develop a
reasonably �eiiable standard for these quantlties.
Our calculations are aimed at the voluae ot waste relating to the quantlties
of household waste and comme�cial waste similar to household waste.
However, on the basis of the flgures tor packagtng n�aterlals, an exact
ditferenttation tor waste ma�agement through industry and comnerce 1s very
ditficult. Equally all calculatto�s are based on the volume before
recycling, because sound data is only avaitable for glass, but not tor other
relevant packagl�g materials (ttnplate, paper). . .
In general. we have used the values given, in the literatu�e to calcu]ate the
energy used. Tbe eee�y �equired tor the manufacture ot
aras claculated tram e�e packaging materials
r'qy equivalence values and manutacturin9 energy.
Then, we have taken into consideration. on the positive side, the energy
recycled durtng incineration at waste inctneration plants, a�d on the
negative side, the ener�,y used for inert packagtng materials (tlnplate,
aluainium, glassj. Addltlonally, the basls ot thls catculation is limited
by the degree to whlch waste incine�atlon pla�ts include the population and
the degree of technological effectiveness of these plants. The balance of
the• tota] energy used was tormed fran these two calculations.
=a n� , - . C�'� v � �`
,�.. � � �I° �12436 .
� Cit Council DEPARTI�NT - ��
Bob Lon CONTACT NA1�
298-4473 PHONE �
DATE
S 0 0 (See reverse side.)
_ Department Dire tor _ Mayor (or Assistant)
_ Finance and geme t Services Director _ City Clerk
_ Budget Directo _
� _ City Attorney _
T (Clip all locations for signature.) '
W ? (Purpose/Rationale)
This ordinance wil pro ibit packaging for retail food or food products which is not
recyclable, retur ble, or degradable. Envi�onmentally safe packaging will be required
starting in 1990, o pe it a reasouable transition period. A comparabie ordiasnce is
being introduced Mi eapolis.
CO T F UD ND S D:
Environmentally s fe p ckaging wi11 be enforeed by the Public Health Division's food
inspection progr , wh ch can incorporate these inspections into its angoing activities.
l�ajor start up co t wi 1 be for promulgating rules.
G S V C GED C D D:
(Mayor•s signatu not required if under $10,000.)
N/A
Total Amount o Tra gction: Activity Number:
� Funding Source
ATTAG�iMENTS: (L st a d number all attachments.)
1. Ordinance a d ad ndum
�. City Attorn q le ter
AD?iINI9T T V �' ' OC D S '
_�es _No Ru es, Regulations, Procedures, ar Budget Amendment required?
_Yes _No If yes� are they or timetable attached?
EPAR NT V W CITY ATTORNEY REVIEW
_Yes _No Coun il resolution required? Resolution required� _Yes No
_Yes _No Ins ance required? Insurance sufficient? ,_Yes No
_Yes _No Insu ance attached?
r ,. _ . �
� • < •,� . 4 � _
HOW TO OSE THE GREEN SHEET . ;,�
ti..�+'4
The GREEN SHEET has three �POSES: . s
1. to a��ist in souting dflcuments -anti in s��ur��g required s.igtzstu�ea;
2. to brief the reviexers of documents pn the fmpacts `of �pproval;
3. to halp ensure that nacessary supporting matgrials ard prepared and, if required,
� attached. .
Providing complete information under the lis�ed lteadings enables reviexers to make .
decisions on the documents and eliminates follaa-up contacts that maq delay esacution.
Balo�v is the gref�rsed ROUTING for the f�,,,ne mast frequent types of docst�en�s:
CQNTRACTS (assumes suthorized budget exista)
1. Ontside Agency 4. Mayor
2. Initiating Department 5. Finance Director
3. City Attornay 6. Finance Accountfng
Note: If a CONTRACT amount is less than $10,000, the Maqor's signature is not required,
if the dep�rtment director signs. A cantraat n�st alasys be signed '=by the outside agency
before routing through City offices. •
�DMINISTR!lTIVE ORDER (Budget Revision) ADMINI3'TRATIVE_QRDER (all athers)
.1. Activity Manager 1. Initiating Department
2. Department Accountant 2. Citq Attorney
3. IIepartment Director 3. Mayor/Assistant
4. Budget Director 4. City Clerk
��� � � � 5.� City Clerk � �
6. Chief llccountaat, Fiaance and Management Sarvices
¢OIINCIL R830LUTTON (Budget Amendment/Grant Acceptance) CQUNCIL RESOLtTTION (all crthers)
' 1. Department Director 1. Department Director
2. Budget Director 2. Ci.ty Attornaq
3. City Attorney 3. Mayor/Assistant
4. ?tayor/Assistant 4. City Glerk
" 5. Chatir, 1�inance, Mgmt. , and Pers. Cte. 5. City Council
. b. City Clerk
' 7. City Cour►c�l
8. Chief Accc►untant, Finance and Managemen� Sernices
Ths �OST/ E,j}�NE�;IT. BUDGBTARY. AND PERSONNEL TMPACTS heading provides sgace to explain the
cost/benefit aspects of the decision. Costs and benefits relate both to City budgeti
(General Fund and/or Special Funds) and to broader financial impacts (cos� to usera,
homeoivners, or other groups affected by the action) . The personnel impact is a dascription
of change or shift of Full-Time Equivalent (FTE) positions.
The MAA IPISTRATIVE ,�OGEDURES section must be completed to indicate ahether additional
administrative procedures, including rules, regulations, or resource proposals are
necessary for implemantation of an ordinance or resolution. If yes, the procedures or a
timetable for the completion of procedures must be attached.
SUPPORTING MATERIALS. In the �TTACHMENTS section. identify all attachments. If the Green
Sheet is Nell dona, no letter of transmittal need be included (unless signing such a let�er
is one of the requested actions).
� te: If an agreement requires evidence of insurance/co-insurar►ce, a Certificate of
Inaurance should be one of ths attachments at time of routing.
o e: Actions �hi.ch require City Council resolutions include contractual relationships
with other goverrunental units; collective bargaining contracts; purchase, sale, or lease of
land; issuance of bonds bq City; eminent domain; assumption of liability by City. or
granting bq �City of indemnification; agreements with state or federal government under
ahich they are providing funding; budget amendments.
�
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• Members: �7 �
CITY OF c3AINT PAUL Roger J. Goswitz, chair
Janice Rettman
;�������°� f OFFICP OF TFi� CITY COIINC7IL
Tom Dimond
Dat�: April 5, 1989
Committee Report ����
To: Saint Pau'I Cit Council � APR 051989
Y CITY CL�R�c
From :Public '�Works, Utilities, and Transportation
Committee
Roger J. Goswitz, Chair
l. Approval of minutes of March 22, 1989.
Hearing D�te
2. , DISCUSSI • Plastics Ordinance App�oved �T=U
! , �9 'o� w7Am�ndment
, .
3. 4/11/89 VACATION: Petition of the City of Saint Paul for Approve
the vacation of part of Lots 6, 7 and 8, Block 3-0
2, Cole's Rearrangement, which is located east
of I-35E between Juno and Armstrong. Property
is surplus and will be sold by sealed bids.
4. 4/18/89 RATIFICATION OF ASSESSMENTS: for work completed � Approved
summer/fall 1986. For construction of storm 3-0
' sewer service connections incidental to the
PHALEN CREEK SEWER PROJECT.
5. 4/18/89! RATIFICATION OF ASSESSMENTS: for work completed Approved
summer/fall 1986. For storm sewer service stub 3-0
connections as requested by the property owner
for the benefit of the SPACE CENTER property
located on PRIOR AVENUE near University. Part
of the SNELLING/UNIVERSITY AREA STORM SEWER
PROJECT.
6. 4/18/89 RATIFICATION OF ASSESSMENTS: for work completed Approved
summer/fall 1984. For improving KASOTA 3-0 -`
AVENUE/ENERGY PARK DRIVE from 700 feet west of �
Snelling Avenue.
For installation of water main in Kasota '
' Avenue/Energy Park Drive from 700 feet west of
Snelling Avenue to Raymond Avenue.
CITY HALL SEVENTH FLOOR SAINT PAUL� MINNESOTA 55102
�4e
7. 4/18/89 FINAL ORDER: For the CONCORD STREET STREETSCAPE Approved
IMPROVEMENT PROGRAM PHASE I on the north side of 3-0
CONCORD from 50 feet southeast of Ada Street to
approximately 125.06 feet northwest of State
Street and the south side of Concord Street from
approximately 78.59 feet northwest of George
Street to approximately 362.81 feet southeast of
State Street. To include 14 lantern style
lights and other decorative items as determined
by P.E.D. and the Concord Street Business
Association. Also the operating costs of the
above standard street lighting system from
January thru December, 1989.
8. 4/18/89 FINAL ORDER: Sidewalk reconstruction with Laid Over
integral curb on the North side of W. SEVENTH In
STREET from Smith Avenue to Forbes Avenue; East Committee
side SMITH AVENUE from W. Seventh Street to to
Forbes Avenue, and West side FORBES AVENUE from 4-19-89.
Smith Avenue to W. Seventh Street.
9. RESOLUTION 89-429: Amending C.F. 84-632 adopted Approved
May 17, 1984, and approving St. Paul's 3-0-Revised
ASSESSMENT POLICY regarding construction and Resolution
reconstruction of sidewalks. (Referred to to be sub-
Committee 3/14/89) . mitted.
10. RESOLUTION 89-428: Amending the 1985 CIB Budget Approved
by transferring $341,725.71 from 3-0
Curtice/Mt.Hope/Andrew Project to Residential
Sidewalk Reconstruction. (Referred to Committee
3/14/89) .
11. RESOLUTION 89-446: Amending the 1985 CIB Budg�t Approved
by transferring $68,963.32 from Contingency to 3-0
RAYMOND BRIDGE, Manvel to Energy Park Drive.
(Referred to Committee 3/16/89) .
12. RESOLUTION 89-469: Approving an agreement Approved
between Minnesota Department of Transportation 3-0
and the City covering the cost, maintenance and
operation of a traffic signal installation at
T.H. 5 (MINNEHAHA) and Forest St. (Referred to
Committee 3/21/89) .
13. RESOLUTION 89-299: Directing proper City Approved
officials to execute Lease Agreement with w/amend. to
Naegele Outdoor Advertising, Inc. for a sign on change lease
property purchased by City from Burlington from 3 to 1
Northern, Inc. west of I-35E and north of Cayuga year.
for storm water ponding. (Laid over in Committee
3/8/89) .
2
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WHITE - UTV CLERK ��
PINK _ F�N�N�E. ' CITY OF SAI T PAITL Council �
CANARV - DEPARTMENT , ' 1�T
BI.UE -MAVOR 1� File N0. ���
0 a • "�°'-''�,� .
rW in�n�,P, oC� brdinance N 0.
� �
Presented By
Referred To Committee: �`�Date
,
Out of Committee'By Date
I �
An ordinance to prohibit the use
f certain packaging mate ials for
ood and beverages sold t retail
'n Saint Paul.
THE COUNCIL OF T E CITY OF SAINT PAUL DOES ORDAIN:
' Section 1
A new Ghapt�er of the Saint P ul Legislative Code is hereby
enacted to read �s follows:
' Chap er 236
ENVIRONMENT L PRESERVATION:
�
PLAST C PACKAGING •
Section' 236�011 Le isl ive Purpose.
The Counci� finds th t discarded packaging from foods and
beverages cpnstiitutes a large portion of the waste in Saint
Paul' s waste str�eam and hould be, therefore, a necessary part
of any effo t to� reduce the filling of landfills and to reduce
the economic� andI enviro mental costs of waste management for the
citizens of Sair�t Paul and others working or doing business in
Saint Paul. �,
The Cou�cil fur er finds that most plastic packaging used
for foods alnd eve ages is nondegradable, nonreturnable and
nonrecyclable. �
COUNCIL MEMBERS '
Yeas Nays Reqnested by Department of:
Dimond
�ng � In Favor
coswitz
Rettman i
s�ne�ne� � Against BY
Sonnen
Wilson
Form Appr ved by City Att ey
Adopted by Council: Date 1 -
Certified Passed by Council S�cretar' By rK�
By �
Approved by Mayor: Date � Approved by Mayor for Submission to Council
By � By
I '�-I's�-�
��� -�
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The Council also finds that the two main processes used to
dispose ofr discarded nondegradable, nonreturnable and/or
nonrecyclable plastic food and beverage packagings, land filling
and incineration, have been proven to not be environmentally
safe.
Chemicals hazardous to human health and to the sa,fety of the
environment are present in the com position of non'degradable,
nonreturnable and nonrecyclable packaging and have ;been found to
escape into t1�e air when this packaging }�s burned in
incinerators. ;'
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The Council therefore finds that thef elimination of
nondegradable, nonreturnable and/or nonrecyc�able plastic food
and beverage packaging originating at retail 'food establishments
within the C,ity of Saint Paul is necessary a d desirable in order
to reduce the City's waste stream, to make the waste stream less
damaging tp th'e environment , and t make our City and
nei:ghboring communities more environ entally sound places to
live.
The Council has also been made a are of the facts recited in
the Addendum to this ordinance, whic facts have been weighed and
considered as paxt of the record su orting its passage.
Section 236. �2. Definitions.
(a) "Packaging" shall m an and include all food=related
wrappings, adhesives, cords, bindings, strings, tapes,
ribbon�, bags, boxes, coverings and containers; and
shall further incl de cups , glasses and similar
contain�ers for drin ng out of or for holding liquids,
and plates and ser ing trays but shall specifically
exclude plastic ives, forks and spoons sold or
intended for use a utensils.
��� f
(b) "Environment�lly acceptable packaging" shall mean
and inc',lude:
' i
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1
2
�F-I �'����
���-�
{ 1 ) DEGRADABLE PACKAGING : Paper or other
cellulose - based packaging capable of
being decom posed by natural biological or
biochemical processes, including exposure to
ultraviolet rays of the sun;
(2) RETURNABLE PACKAGING: FoQd or beverage
containers or packages, such as� but not limited
to, soft drink bottles and/or;'milk containers ,
which are capable of beincy� returned to the
distributor , such as but not �limited to, dairies
and/or soft drink bottlers, or reuse as the sam e
food or beverage container se at least once;
(3) RECYCLABLE PACKAGI G: Packaging made of
materials that are separ ble from solid waste, by
the generator or duri g collection, for which
there is an existing city-approved curbside
r�cycling program oper ting in and making curbside
pickups in the City o; St. Paul. Packaging made
of either polyethyl„�ne terepthalate (P.E.T.) or
high density poly,�thylene (H.D.P.E) shall be
consideredrecyclab�.e if and when it is collected
for recycling in th`e same manner as here stated.
(4) OTHER ENVIROD�MENTALLY ACCEPTABLE PACKAGING:
Any other packaging determined by the director to
be environmentally acceptable, consistent with
this ordinance , pursuant to a rule or rules
promulgated under section 236.Q15 of this chapter.
(c) "Retail food establishment" as used in this
chapter m eans a "food establishment" as defined in
section 331.07 of the Saint Paul Legislative Code.
References to retail food establishm ent in section
236.03 are specifically defined herein to include, for
the , purposes of prohibitions, penalties and adverse
action � agai. nst licenses , the owner of such
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establishment and all persons, firms ,br corporations
operating and/or managing such establi:`shment.
(d) "Director" shall mean the dire 'tor of the division
of public health of the depar ent of community
services, or the said director's esignee.
r
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Section 236.�l3. Prohibitions. No re ail food establishment
located wfthin the City of Saint Paul sha��l :
%
(a) �Within the City of Sain Paul , sell or convey at
ret�il, or possess with the 'ntent to sell or convey at
ret� il, any food or bevera which is placed, wrapped
or �iackaged at any tim e at or before the time or point
of �ale in or on packaging which is not environm entally
acc�ptable packaging; no
(b) Within the City of Saint Paul , provide to retail
custom ers , or possess with the intent to provide to
retail customers packaging which is not
environmentally accep able packaging.
(c) The presence o the premises of the retail food
establishment f packaging which is not
environmentallyacce table packaging shall constitute a
rebuttable presum tion of intent to sell or convey at
retail , or to pro ide to retail customers packaging
which is not enyironmentally acceptable packaging;
provided , howev�`r , that this subparagraph shall not
apply to manufacturers, brokers or warehouse operators,
who conduct or transact no retail food or beverage
business.
Section 236.Ql4. En:forcement. The director shall have the
duty and the authority to enforce provisions of this chapter.
Sec�tion 236.�l5. Rules and Regulations. The director may
upon notice and hearing promulgate rules and regulations as he or
she deems necessary to carry out the aims of this chapter and
protect the health of: the public.
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y_i3��y
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Section 236.06. Exemptions. Notwithst�nding any other
provision to the contrary, this chapter shall �`iot apply to:
i
(a) any flexible transparent pa aging of 10 mils or
less in thickness unless disapp oved by the director
pursuant to rules promulgated under section 236.015
above;
(b) any packaging used at hosp tals or nursing homes;
(c) any paper, cellophane or other cellulose-based
packaging that is coated w' th plastic;
(d) any packaging whi h is not environmentally
acceptable for which ther is no comm ercially available
alternative as determin d by the director by rule. In
determining whether th re are com mercially available
alternatives the direct r shall consider the economic
consequences and feasibility of requiring
environmentally acce table packaging and, also, the
availability of th product in environmentally
acceptable packagin in the same brand or in other
brands or labels. E ery rule creating an exemption
under this paragraph shall be reviewed annually by the
director to deter ine whether current conditions
continue to warrant the exem ption.
Section 236.07. Penalt ' es. Each willful violation of any
provision of this chapter o of lawful regulations promulgated
under section 236.04 hereo shall be a petty misdemeanor , for
which the maximum fine all be $50�.P10. Each day on which
violations occur constitut s a separate violation.
Section 236.Q18. Li ense Adverse Action. Each willful
violation of any prov sion o�t '�is c a��i p—ter or of lawful
regulations promulgated under section 236.04 hereof shall be
sufficient grounds for a verse action pursuant to chapter 310 of
�
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,
the Saint Pau1 Legislative Code against any or all�licenses held
by or at the retail food establishment, and b � its owner or
operator. The presumptive penalty for the fir appearance of
such a licenseholder before the city council s all be a two'=day
suspension of all licenses held at or by the said retail food
establishment.
Section 236.P19. Severability. If any art or provision of
this chapter or the application thereof to y person, entity, or
circumstances shall be adjudged unconsti tional or invalid by
any court of com petent jurisdiction, s ch judgm ent shall be
confined in its operation to the part, provision or application
which is directly involved in the con�roversy in which such
judgm ent shall have been rendered, and s all not affect or impair
the validity of the remainder of this apter or the application
thereof to other persons, entities, or ircumstances.
Section 236.1�1. Advisory Com ittee on Environmentally
Acceptable Pa�ka ing. The Council sha 1, by resolution, establri h
an Advisory Committee on Environmen ally Acceptable Packaging.
The resolution shall provide for the membership, manner of
appointm ent, the Committee's ch rge and its duration. The
membership shall be drawn from ffected governmental units,
business and industry, trade as ociations , general business
organizations, consum er groups, e vironmental groups and others
as determined in the resolution. The Committee shall be staffed
by the Health Department. The charge of the Committee shall
include the following:
(a) monitoring ind stry and governm ental actions
relating to environme tally acceptable packaging;
(b) advising the di ector on implementation issues;
�
(c) advising the ouncil on the feasibility of the
effective date of this ordinance and recom m ending
whether or not the ��ffective date should be extended;
�
(d) assisting ,�n efforts to expand the City' s
rec'�ycling progr'am to include the collection of
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WHITE - C17V CLERK � COU�1C11
PINK - FINANCE GITY OF' SAINT PALTL
CANARV - DEPARTMENT ��. ,
BLUE - MAVOR . FII@ NO. �� �
•
OrdZn�n�,P, Ordinance N�.
Presented By
Referred To �I I Committee: Date �a -
Out of Committ�ee By � Date ��y�
�
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r
�I ot�ntially recyclable materials ,:'iot presently
COl ected , including consideratiorf of financial
�lassi tance; �
I(e) ecommending actions other leve �s of government and
iindu try can take to advance the g als of this Chapter;
and
I(f) assisting in the developmen and implementation of
Ipubl�c education programs on re ycling and packaging.
' i Section 2
5ecti�on 331.07, subd. 26, of the Saint Paul Legislative Code
is herebylamen�3ed to read as follows •
iSinglenservice articles ' clude cups, containers, lids
or closures, plates, kn ' ves, forks, spoons, stirrers,
Ipadd�les, straws, place ats, napkins, doilies, wrapping
Imat rial and all oth r similar articles which are
con tructed wholly o in part from paper , paperboard ,
jfoil�, wood or other eadily destructible materials and
'whi h are intended y the manufacturers and generally
Irec gnized by the ublic as being for one use only,
the to be discard .
' Section 3
Thislordi�nance shall take effect and be in force on January
l , 1990. I
COUNCIL MEMBERS
Yeas Nabs Requested by Department of:
Dimond
�� I In Favor
Gosw;tz '
Rettman
s�he;be� ' Against BY
Sonnen
Wilson ,
Form Approved by City Attorney
Adopted by Council: ' Dat� �
Certified Passed by Coupl cil Se�retary BY
I
By
Approved by Mayor: D�te 1 Approved by Mayor for Submission to Council
By BY
� � y�-I 3-�y
F
�-------- _ __- - -- . -- -- __ - - - --- -- --- -- _- _- --- -- -- -
, ' . , " .:' ��L��4 �,5 Cm��
. , .,
� 3 � � � i ����� ��� /f
WHITE - CITV CIERK �. .
PINK - FINANCE GITY O��INT PAiTL Council �
CANARY -OEPARTMENT I �
BI.UE -MAVOR File NO. �
I �
, O/ diZnf�L �������Ordinance �10.
Presented By � � /
,
eferred To ` � � ' Committee: Date ���
Out of Committee �y �� Date
' `�
�
'�
' An or nance to prohibit the use
' f certai , packaging materials for
' ood and b``�verages sold at retail
n Sa int Pa�i1 .
THE COUNCIL bF T E CITY OF SA�NT PAUL DOES ORDAIN:
' Sec�ion 1
' ',,
A new c%hapter of the Saint y��aul Legislative Code is hereby
enacted to rlead s follows: '`
' Chapter 2�6
' ENVIRONMENTAL PRESERVATION:
PLASTIC PACKAGI�G
Section' 236 01 Legislative Purpose.i`�
! \
The Co�nci finds that discarded pac'l�aging from foods and
beverages and iscarded eating utensils� constitute a large
portion of �he aste in Saint Paul' s waste �tream and shouldbe,
therefore, � ne essary part of any effort to �.�educe the f ill ing
of landfillS an to reduce the economic and e vironm ental costs
of waste mamage ent for the citizens of Sain�$, Paul and others
working or c�oing business in Saint Paul. `�
''�
The Co�ncil further finds that most plastic ` ackaging used
nd evera es is nonde radable nonr turnable and
for foods a g 9 ►
nonrecyclabl,e.
�
' �<
,
COUNCIL MEMBERS '
Yeas Nays ', Requested by Department of:
Dimond
�� In Favor
c���
xectman
s�be;t�o , Against By
Sonnen ' �
Wilson ' t
' Form Approved by City Attorney ,�`
Adopted by Council: Date
, ,
Certified Passed by Council Secretar BY
By
Approved by Mayor: Date ' Approved by Mayor for Submission to Council
By ' BY
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The Counci!Y also fin�7s that the two main processes used to
dispose of discarded nor'�7egradable, nonreturnable and/or
nonrecyclable p�astic food �d beverage packagings, land filling
and incinerati n, have been`'�proven to not be environmentally
sa f e. '��
Chemicals hazardous to huma�� health and to the safety of the
environment are present in the '+�omposition of nondegradable,
nonreturnable arid nonrecyclable pa�,�caging and have been found to
leach into the groundwater when t��is packaging is placed in
landfills, and have been found to es��ape into the air when this
packaging is burned in incinerators. �,.
�±��
The Counc'il therefore finds th�,t the elimination of
nondegradable, nonreturnable and/or nonr�cyclable plastic food
and beverage pa�kaging originating at reta l food establishments
within the City of Saint Paul is necessary a d desirable in order
to reduce the City's waste stream, to make t e waste stream less
damaging to t!he environment , and to ma e our City and
neighboring communities more environmental sound places to
live. , �
�
Section 23f�. 92 . Definitions. i�X
�
(a) "Packaging" shall mean and include a11�4food=related
wrappings, adhesives, cords, bindings, str�gs, tapes,
ribbons , bags , boxes , coverings and c$�ntainers. '��
� ;
(b) 'MEnvironmentally safe packaging" shall �f�ean and ��
include: `'�
(1) DEGRADABLE PACKAGING: Packaging capa4l�. e of
being decomposed by natural biologica�;, or
l�iochemical processes, including exposure'., to
ultraviolet rays of the sum, within five (5) ye'ars
�fter date of disposal;
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(2 )`�,_ RETURNABLE PACKAGING: Food or beverage
cont=ainers or packages, such as but not limited
to, �Qft drink bottles and/or milk containers,
which ' are capable of being returned to the
d istr ibe�tor , such as but not 1 im ited to , dair ies
and/or saft drink bottlers, for reuse as the same
food or be�erage container use at least once;
, (3) RECYCLAB'�E PACKAGING: Packaging made of
', materials tha� are separable from solid waste, by
' the generator i�,r during collection, that can be
manufactured �'i,nto their original form or
manufactured inti�, another material that is also
capable of being re+�ycled in the same manner; or
,,:.
(4) OTHER ENVIRONME�.TALLY SAFE PACKAGING: Any
other packaging deteri'�,ined by the director to be
environmentally sound, consistent with
this ordinance , pursu����nt to a rule or rules
promulgated under section �i�36.05 of this chapter.
*,
(c) "Retail food establishme`�,t" as used in this
chapter means a "food establish�,ent" as defined in
section 331.�7 of the Saint Paul Le���slative Code.
�,.
��.
(d) '"Director" shall mean the directo�of the division
of public health of the departmen of com munity
r�.
servi ces, or the sa id d irector's design�.
�d
V;�
Section 2�6.f�3. Prohibitions. No retail food �?stabl ishment
located within ', the City of Saint Paul shall : �.;
ti
..
(a) 5e11 or convey at retail or possess with �he intent
to s�ll or convey at retail any food or bever�e which
is placed , wrapped or packaged at any time be�,ore the
time or point of sale in or on packaging which` :is not
environmentally safe packaging; nor
3
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(b) Provid��, to retail customers or possess with the
intent to pr'mvide to retail customers packaging which
is not envirott�mentally safe packaging.
':t,
(c) The presen'�e on the prem i ses of the reta il food
establishmen �;,w of packaging which is not
environmentally "'�afe packaging shall constitute a
rebuttable presum�,tion of intent to sell or convey at
retail , or to provi°"�,ie to retail customers packaging
which is not environ�ientally safe packaging.
.,,�
Section 236.�14. Enforcemen . The director shall have the
duty and the au�thority to enforce �rovisions of this chapter.
Sectidn 2J6.Q15. Rules and �Re�i la_tions. The director may
upon notice and� hear ing promulgate ruT�s and regulations as he or
she deems nece�sary to carry out the ��ims of this chapter and
protect the hea�.th of the public. �:t
� li�.
Section 2136.P16. Exemptions. Notwi��hstanding any other
provision to the contrary, this chapter sha'�1 not apply to:
�-0
(a) any flex ible transparent cover '�ng approved by the
director pursuant to rules promulg �ted under section
236.05 above;
,.
��
(b) any packaging used at hospitals or �rsing homes;
•m.
(c) any paper or other cellulose=based p�kaging that
is coated with polyethylene plastic on one`��ide or both
sides.
�,>
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( d ) any packaging for which ther �; is no
environmentally safe alternative packaging. 'z:,
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Section 2�6.�7. Penalties. Each willful violation of any
provision of tllis $hapter or of lawful regulations promulgated
under section �36.�• hereof shall be a petty misdem eanor , for
which the max�.mum �ine shall be $50.f�0. Each day on which
violations occwr const�tutes a separate violation.
�
Section 236.08. Se�rabilit . If any part or provision of
this chapter or the applic tion thereof to any person, entity, or
circumstances shall be adj dged unconstitutional or invalid by
any court of �ompetent ju ' sdiction, such judgment shall be
confined in its operation to he part, provision or application
which is directly involved i the controversy in which such
judgment shall have been rendere , and shall not affect or im pair
the validity of the remainder of�this chapter or the application
thereof to oth�r persons, entities , or circumstances.
4�
Section 2
�
Section 331.07, subd. 26,' of the Sai'�t Paul Legislative Code
is hereby amended to read as follows : e,�
Single-service articles include c�s, containers, lids
or alosures , plates, knives, forks�spoons, stirrers ,
padd;les, straws, place mats, napkins, doilies, wrapping
mat�rial and all other similar ar ' cles which are
con�tructed wholly or in part from pa r , paperboard ,
.�a.e��l -�a�aT f o i 1 , w o o d, �a]�.a�s.�..�e-� .� .�.s� o r o t h e r
readily destructible materials and which are intended
by �he manufacturers and generally recog ized by the
public as being for one use only, then to b�. discarded .
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WMITE — CITV CLERK '�.. ���.
PINK � FINANCE I, ' C01111C11 PQ �
CANARV —DEPARTMENT '� I GI�� SAINT PAUL File NO. " • �
BLUE —MAVOR
j OrdZnKi„Ce Ordinance N�.
Presented By I
Referred To Committee: Date
Out of Committee y Date
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' Section 3
This or�inar�ce s'�all take effect and be in force on January
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' Form Approved by City Attorney
Adopted by Council: Date (
Certified Passed by Council Secreta y BY ,
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- r' CIrl`Y OF ►S'AINT PAUL
`:�������'�� �!AR 31 1989
•� , OFFICE OF THE CITY COUNCIL
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BOB LONG . MARY ANN HECHT
Councilmember L.egislative Aide
� March 29, 1989 � �
T0: City Councilmembers
FROM: Councilmember Bob Long��
,
RE: Amended Velrsion of the "Recyclable Packaging" Ordinance
I have attached a copy of the newly amended version of the "recyclable
packaging" ordin�ance for your review. These amendments were made in
response to tes�imony presented at the public hearing on February 15,
1989. These subs antive amendments appear as the underlined provision on
page 3 in 'the diefinition of "Recyclable Packaging", which allows the
co�tinued sale oE certain plastic containers if those containers can be
recycled in a curbside recycling program in the City of Saint Paul. The
- other ma,jor amehdment is entirely new Section 236.10 on the "Advisory
Committee on Envi�onmentally Acceptable Packaging" appearing on page 6 of
the ordinanice. �hich was designed to establish an advisory group
representative o the various organizations interested in the ordinance
to provide recommendations on recycling issues relating to packaging and
implementation of the ordinance.
The Public Works Committee will consider this amended version of the
"recyclable pack�ging" ordinance at 9:00 o'clock on April 5. We do not
expect any subs�antial new testimony on the ordinance at that time.
Because the MinneBpolis City Council's committee unanimously approved the ,
ordinance . last week and the full Council is expected to adopt the
ordinance this week. I would like to move the ordinance out of committee
on April 5, for cons3.deration at the full Council on April 13. If you
have any question� or suggested amendments, please let me know prior to
the committee meE�ing on April 5 so that I can consider incorporating any .
, changes prior to �he meeting and avoid a delay in the vote.
Thank you for your careful consideration of this important ordinance.
BL/.ja
attach. �
CIi'Y E-IALL SEVENTI�FLOOR SAINT PAUL,MINNESOZ'A 55102 612/298-4473
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M�H17E • C�TV CI.ENK a `
O/NK, — FIi,aANCE G I TY O F SA I NT ��A U L Council � . _
CANARV —OEPARTMENT
91VE —MAYOR . F11C N �
Ordin�znce Ordinance NO. 3�/�� ^
Presented By �
Referred To Committee: Date
Out of Committee f3y Date
- An ordinance to prohibit the use
of certain packaging materials for
. food and beverages sold at retail
in Saint Paul . •
THE COUNCIG OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1 '
A new chapter of the Saint Paul Legislative Code is hereby
enacted to read as follows:
Chapter 236
ENVIRONMENTAL PRESERVATION:
PLASTIC PACKAGING
Section 236.01 Legislative Pur�ose.
The Council finds that discarded packaging from foods and �
beverages constitutes a large portion of the waste in Saint ,
Paul's waste stream and should be, therefore, a necessary part
af any ef fort to reduce the f ill ing of landf ills and to reduce
the economic and environmental costs of waste management for the
� citizens of Saint Paul and others working or doing business in
Saint Paul.
The Council further finds that most plastic packaging used
for foods and beverages is nondegradable, nonreturnable �� and
nonrecyclable. � •
COUNCIL MEMBERS Requested by Depactment oE:
Yeas Nays
Uimond _
Lo►,� In Favor
CiOSN1�Z
Rclt�nan BY
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Form A pproved by City Attorney
Adopted by Council: Date j
Certitied Passed by Council Secretary BY '
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Approved by hlayor for Submission to Council
Approved by Mayor: Date
By BY
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The Council also finds that the two main processes used to
dispose of d;iscarded nondegradable, nonreturnable and/or
nonrecyclable pliastic food and beverage packagings, land filling
and incineratian, have been proven to not be environmentally
safe. '
Chemical� hl�azardous to human health and to the safety of the
environment are present in the composition of nondegradable,
nonreturnabl'e an�l nonrecyclable packaging and have been found to
� escape into the air when this packaging is burned in
incinerators.
The Council therefore finds. that the elimination of
nondegradable, ndnreturnable and/or nonrecyclable plastic food
and beverage packaging oriqinating at retail food establishments
within the City qf Saint Paul is necessary and desirable in ordzr
to reduce the Ci�y's waste stream, to make the waste stream less
damaging to th.e environment , and to make our City and
neighboring cor�munities more environmentally sound places to
live.
The Cou�cillihas also been made aware of the facts recit�d in
the Addendum to this ordinance, which facts have been weighed and
considered as pa�t of the record supporting its passage. _.
Section 236.I;02. Definitions.
(a) "Packag ing" shall mean and include all food-related
wrappirygs, adhesives, cords, bindings, strings, tapes,
ribbon� , bags, boxes , coverings and containers; and •
shall ;further include cups , glasses and similar
contain�ers for drinking out of or for holding liquids,
and plates and serving trays but shall specifically
exclud� plastic knives, forks and sQoons sold or
intended for use as utensils.
(b) "Environmentally acceptable packaging" shall mean
and inc�.ude:
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( 1 ) DEGRADABLE PACKAGING : Paper or other
cellulose = based packaging capable of
being decom posed by natural biological or
biochemical processes , including exposure to
ultraviolet rays of the su.n;
(2) RETURNABLF. PACKAGIr]G: Food or beverage
containers or packages, such as but not limited
to, soft drink bottles and/or milk containers,
which are capable of being returned to the
distributor , such as but not limited to, dairies
and/or soft �rink 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 an existin� cit�=approved curbside
recycling program operating in and makin curbside
pickups in the City of St. Paul.. ��� �.Lt� -�.I
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(4 ) OTHER ENVIRO�IMENTALLY ACCEPTABLE PACKAGING:
Any other packaging determined by the director to
" be environmentally acceptable, consistent with
this ordinance , oursuant to a rule or rules
promulgated under section 236.05 of this chapter.
(c) " Retail food establishment" as • used in this�
. chapter m eans a "food establishment" as defined in
section 331.07 of the Saint Paul Legislative Code.
References to retail food establishment in section
236.03 are specifically defined herein to include, for
the purooses of prohibitions, oenalties and adverse
actions against licenses , the owner of such
establishment and all persons , firms or corporations
ooerating and/or managing such establishment.
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(d) "Director" shall mean the director of the division
of ou'blic health of the deoartment of community
servic;es, or the said director's designee.
Section 236.03. Prohibitions. P�o retail food establishment
located within the City of Saint Paul shall :
(a) Within the City of Saint Paul , sell or convey at
retail', or possess with the intent to sell or convey at
retail;, any food or Ueverage which is placed, wrapped
or pacikaged at any tim e at or before the time or point
of sal� in or on packaging which is not environmentally
ac'cept�ble packaging; nor
(b) Within the City of Saint Paul , provide to retail
customlers, or possess with the intent to provide to
retai'1 customers , packaging which is not
enviromm entally acceptable packaging.
(c) Tt�e presence on the premises of the retail food
estab,lishment of packaging which is not
envirorom entallyacceptable 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; �
• provid�d , ho wever , that this subparagraph shall not
aaply �o m anufacturers, brokers or saarehouse operators,
who co,nduct or transact no retail food or beverage
business .
Section 236*04. Enforcement. The director shall have the •
duty and the autY�ority to enforce provisions of this chapter.
Section 236:05_ Rules and Regulations. The director may
unon notice and h�aring promu,lgate rules and regulations as he or
she deems neces�ary to carry out the aims of this chapter and
protect the healt'h of the oublic.
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Section 236.06. Exemptions. Notwithstanding any other
provision to the contrary, t�is chapter shall not apply to:
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(b) any packaging used at hospitals or nursing homes;
(c) any paper or other cellulose=based packaging which
is coated with polyethylene plastic on one side or both
sides.
(d) any packaging which is not environmentally
acceptable for which there is no commercially available
alternative as determined by the director by rule. In
determining whether there are com mercially available
alternatives the director shall consider the economic .
consequences and feasibility of requiring
environmentally acceptable oackaging and , also , the
availability of the product in environmentally
accePtable packag ing in the same brand or in other
brands or labels. Every rule creating an exemption
under this Qaragraph shall be reviewed annually by the.
director to determine whether current conditions
continue to warrant the exemption.
Section 236.C17. Penalties. Each willful violation of any
Qrovision of this chapter or of lawful regulations promulgated
under section 236.fD4 hereof shall be a petty misdemeanor , for
which the maximum fine shall be $50.00. Each day on which •
violations occur constitut�s a seoarate violation.
Section 236.08. License Adverse Action. Each willful
violation of any [�rovision of this chapter or of lawful
regulations promulgated und er section 236.04 hereof shall be
sufficient grou�ds for adverse action pursuant to chapter 31� of
the Saint Paul Legislative Code against any or 'all licenses h�ld
by or at the retail food establishment , and by its owner or
� operator. The presumptive penalty for the first appearance of
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such a licensehplder before the city council shall be a two-day
suspension of all licenses held at or by the said retail food
establishment.
Sectio� 236.09. Severability. If any part or provision of
this chapter or the application thereof to any person, entity, or
circumstances shall be adjudged unconstitutional or invalid by
any court of comp2tent jurisdiction, such judgment shall be
confined in it5 operation to the part, provision or application
which is dire�tly involved in the controversy in which such
judgm ent shall have been rendered, and shall not affect or impair
the validity o� the remainder of this chapter or the application
. thereof to oth�r persons, entities, or circumstances.
Section. 236.1.a. Advisor Committee on Environmentally
Acceptable Pacl�aging. The Council shall , by resolution, establish
an Advisory Committee on Environmentally Acc�ptable Packaging.
The resoluti�,n shall provide for the membership, manner of
appointment, the Committ�e's charge and its duration. The
membership stiall be dr.awn f.rom affected governmental units,
business and . industry, trade associations, general business
organizations,; consumer grouos, environm ental. groups and others
as determined ; in the resolution. The Committee shall be staffed
by the Healthj Department. The charge of the Committee shall
include the fdllowing:
(a) monitoring industry and governmental actions
� rel�ting to environmentally acceptable packaging;
(b) , advising the director on implementation issues;
(c) advising the Council on the feasibility of the
effective date of this ordinance and recom mending
wh�ther or not the effective date should be extended;
( d) assisting in efforts to expand the City' s
re�ycliny program to include the collection of
po 'tentially recyclable materials not � presently
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wr��TE ^- G�7v CLERK • �
PINK < FINAN�E COUIICII .
BIUERV-MAVORTMENT CITY OF SAINT PAUL File NO. � ,
• �
O��in���l� Ordinance N0.
Presented By
Referred To Committee: Date
Out of Committee By Date
collected , including consideration of financial
assistance;
(e) recommending actions other levels of government and
industry can take to advance the goals of this Chapter;
and
(f) assisting in the development and implementation of
- public education programs on recycling and packaging.
Section 2
Section 331.4J7, subd. 26, of the Saint Paul Legislative Code
is hereby amended to read as follows:
. Single�service articles include cups, containers, lids
or closures, plates , knives, forks, spoons, stirrers,
paddles, straws, place mats, napkins, doilies, wrapping
" material and all other similar articles which are
constructed wholly or in part from paper , paperboard ,
molded pulp, foil , wood, plastic, synthetic or other
readily destructible materials and which are intended
by the manufacturers and generally recognized by the
public as being for one use only, then to be discar_ded .
Section 3 '
This ordinance shall take effect_and be in force on January
1 , 1999. -
COUNCIL MEMBERS Requested by Department of: �
Yeas Nays
Dimond
[.��g ° (n Favor
GOSN'IlZ
Iteltman �
s�n��n�i Against Y
Sonocn
1Vilson -
Form Approved by City Attorney
Adopted by Council: Date 7
Certified Passed by Council Secretary BY
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Approved by Mayor: Date Appcoved by Mayor tor Submission to Council
By By
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j, (3) RECYCLABLE PA�KAGING: Packaging made of either polyethylene terepthalate (P.E.T.)
or high density polyethylene (H.D.P.E.) shall be considered recyclable if and
when it is co�lected for recycling in the same marmer as here stated.
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� 23.06 Exemptions. . . any flexible packagi.ng of 10 mils or less in thickness unless
disapproved by the Commissioner pursuant to rules promulgated under 6ection
236.05 above.
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s����. ! CITY OF SAINT PAUL
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OFFICE OF THE CITY ATTORNEY
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�� "'� 1°0 " EDWARD P. STARR, CITY ATTORNEY
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nu„�,,���•�`�� 647 City Hall, Saint Paul,Minnesota 5510�
' 612-29E-512,:
GEORGE LATIMER �
MAYOR
I
December 15 , ;1988
Mr. Robert Loi�.�
Council Membe�r
7th Floor, Ci�y Hall
BUILDING
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RE : Plastics' Packaging Ordinance
Dear Mr. Long I:
I have reviewld the attached ordinance prohibiting the use of certain
packaging mat�rials for food and beverages sold at retail in Saint
Paul.
This letter i� written to satisfy the requirements of section 3 .02(3)
of the Saint �aul Legislative Code in order to permit the ordinance
to be introdu�ed, and is directed as well to the City Clerk.
As we have ea$lier discussed, it is my opinion that the ordinance
could be sust�ined against legal challenge upon a proper record.
Such a recordiwould establish that the ordinance serves a legitimate
local governm�ntal concern, and that the methods it uses to meet that
concern are r�asonably calculated to achieve a public purpose. I have
not signed the ordinance at this time because hearings have not yet
been held and ' the factual record not yet developed for review by the
City Attorney� s Office.
I would certa�nly be ,happy to continue to work with you and your
staff on the lg.inds of witnesses and testimony that would establish
a proper recor�d containing support and justification for the regu-
latory provis�.ons of the ordinance.
Very trul� yours,
PHILIP B . BYRI�E
Assistant City� Attorney .
Enc. ;
cc : Albe�'t �B.I .Olson
City C1e�
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ADDENDUM
1. The use of nondegradable , nonrecyclable and/or
nonreturnable food and beverage packaging, eating utensils, and
food or beveragie bags and boxes is sharply increasing in Saint
Paul's 9�10 - 1PJ001 licensed retail food establishments. Such
packaging is ro tinely discarded and becomes part of the mixed
solid waste str am.
2. Plastilcs and related materials were 7� of the Twin
Cities' mixed wajste stream in 1985. Expected national increases
in the use of plastics has been projected by Franklin Associates
to be 9.8� of the waste stream in the year 20PJ0. Increased use
of plastic food and beverage packaging , plus source separation
taking place with other types of materials, means that plastic
and related materials may be at least 15$ of the mixed waste
stream by 20gfd.
3. Disposal of such packaging is the cause of severe
environmental harm and is a hazard to public health:
a. I� such packaging is disposited in a landfill ,
there are potential health hazards from chemicals in
such p��ckaging which leach into ground water. Until the
Ra�msey�/Washington County Resource Recovery plant opened
in 198'�I7 disposal in landfills was the norm al method of
disposl�al of such packaging from Saint Paul. Even with
the pllant , some packaging will continue to be
landfi�.led.
b. If such packaging is incinerated , the process
creates toxic byproduct emissions which are harmful
when breathed and which can damage the ozone layer .
The refuse derived fuel produced at the above resource
recovery plant is incinerated to produce eletricity.
Although the electric generating plants receiving RDF
from waste generated in Saint Paul have electrostatic
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prec �.pitators , these devices reduce but do not
elimi,'nate the toxic emissions, and the emission control
syst�ms can becom e overloaded or malfunction. In
addi�ion, the ash from such electric generation is
landfilled and is subject to hazardous chemicals
leacHing into groundwater .
c. $uch packaging usually has a petroleum base , and
theriefore is made from a nonrenewable resource which
shou��ld be conserved whenever possible. In addition,
the �chemical composition of such packaging is such
that , once manufactured , it cannot be recycled into a
product with the same chemical condition.
4. Landfill abatement through source separation and waste
reduction are; well=established and high priority public policy
goals in Sai�t Paul , Ramsey County, and Minnesota. Source
separation ar��d waste reduction programs have not reduced the
amount of nondegradable, nonrecyclable, and/or nonreturnable food
and beverage packaging in the waste stream because:
a . There is no cost incentive for licensed food
establishm ents to participate in source separation of
sucli packag ing .
b. There are insufficient local markets for such
materials if they are source separated.
5. Som e nondegradable, nonrecyclable, and/or nonreturnable
packaging materials are more hazardous than others, and certain
plastic types used in food or beverage packaging (e.g. CVCs) are
banned by st�te law. A city health inspector cannot distinguish
a legal plastic and a banned one without laboratory analysis of
off=site res�arch, and thus cannot enforce such legislation on a
practical ba�is. The inspector can tell the difference between
acceptable packaging and plastic during an on= site food
inspection.
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6. For � a significant proportion of nondegradable ,
nonrecyclable and/or nonreturnable food or beverage packaging,
alternative p�ckaging exists which is degradable, recyclable,
and/or nonreturnable.
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