AgdaPkt 2012-05-07 - Laserfiche WebLink

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7.C. - Page 2 containers ("clamshells"), but excluding disposable packaging for unprepared food. � Automatic exemptions contained in the ordinance are prepackaged foods, and polystyrene coolers and ice chests. • Other requests for exemptions may be made for undue hardship where a suitable alternative does not exist for a specific application and/or situations where no reasonably feasible alternative exists to a specific and necessary prohibited container. � The application process for seeking an exemption is through the County's Environmental Health Division and, if granted, is for the period of one year. � The County's Environmental Health Division will administer and enforce the ordinance and may issue fines for violations in an amount not to exceed $100 for a first violation, $200 for a second violation, and $500 for a third violation. After ample opportunities to comply, any fines levied would go to the County, earmarked for use to supplement outreach and education around polystyrene. � Effective date established as January 1, 2013, in order to provide 30 days for the ordinance to become effective and six months as a transition period ALTERNATIVES 1. Direct staff not to proceed with the proposed ordinance banning certain polystyrene products. 2. Make changes to the proposed ordinance and re-introduce. FISCAL IMPACT Some City resources would need to be expended in order to supplement the County's outreach efforts, primarily consisting of staff time used in the publicity efforts. ENVIRONMENTAL REVIEW This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "CEQA Guidelines"). The City has determined that this Ordinance is not a "project" for purposes of CEQA, as that term is defined in CEQA Guidelines Section 15378. Because it is not a "project," this Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance is deemed a "project" and therefore subject to CEQA, the Ordinance is exempt for the following reasons: (1) under CEQA Guidelines Section 15061(b)(3), it is not a project which has the potential for causing a significant effect on the environment; and (2) under CEQA Guidelines Section 15308, it is an authorized action by an agency with regulatory authority for the purpose of assuring the maintenance, restoration enhancement, or protection of the environment. Further, the ordinance is exempt under Section 15308 because it is an authorized action by an agency with regulatory authority for the purpose of assuring the maintenance, restoration, enhancement, or protection of the environment.