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RTC 03-095

March 25, 2003

SUBJECT:

Request that the Santa Clara County Recycling and Waste Reduction Commission Develop a Model Ordinance for End of Useful Life Management of Electronic Waste

REPORT IN BRIEF

On April 16, 2002, the City Council approved staff recommendations related to the City’s position on end of useful life management of electronic waste (see RTC #02-097, shown as Attachment A). Hazardous electronic waste (e-waste) disposal has become an increasingly high profile and costly problem for consumers and local governments. The most problematic of these materials, Cathode Ray Tubes (CRTs), are found in most computer monitors and televisions, and are the focus of this report.

In response to this issue the City Council adopted a resolution making the City a member of the Product Stewardship Institute, adopting the Institute’s Principles of Product Stewardship and supporting legislation requiring producer responsibility programs for CRTs. The resolution further specifies that if no effective legislation addressing this issue is passed at the State level, the City of Sunnyvale will join with other local jurisdictions to develop local programs for collecting point-of-sale advance disposal fees, or require manufacturers and/or sellers to either enact take-back programs or fund a convenient recovery system for CRTs.

As the State has not passed such legislation, the City Council may give direction to staff to pursue such an ordinance on the local level. Staff is recommending that the Council direct staff to ask the Santa Clara County Recycling and Waste Reduction Commission, of which Councilmember Walker is a member, to develop a county-wide E-Waste Take-Back model ordinance.

BACKGROUND

Over 6,000 computers and electronic devices become obsolete in California each day, and management of this material is an increasingly costly and complicated problem for the City, its residents and its businesses. The most problematic types of e-waste are computer monitors and televisions, most of which contain Cathode Ray Tubes (CRTs) which are banned from landfills.

Two State Senate bills supported by the City that would have established a funding system and recycling incentives for CRTs, SB 1523 and SB 1619, were passed by the Senate in 2002 but were then vetoed by Governor Davis. However, in his veto message, the governor voiced support for this type of legislation in 2003 and asked the legislature to work with industry to find a solution to the problem. If adequate legislation is passed, a Santa Clara County ordinance would become inoperative.

The City currently provides a drop-off program for CRTs at the SMaRT StationÒ for residents at a fee of $15 per item. However, illegal disposal of CRTs found along roadsides and in commercial dumpsters is an increasing problem countywide. Between April 2002 and January 2003, 43% of Sunnyvale loads checked at the SMaRT Station for unacceptable materials contained CRTs. The City must pay to properly dispose of these CRTs along with those received at the SMaRT Station, with a total cost last year of $34,033.

EXISTING POLICY

Solid Waste Sub-Element – Policy 3.2E.3: Minimize illegal and inappropriate disposal of Household Hazardous Waste (HHW).

Legislative Action Policy 3.2.6 - Support advance disposal fees (ADFs) on the purchase of hazardous household products, with revenues to help support local household hazardous waste management programs.

DISCUSSION

In the absence of state legislation placing responsibility for end of useful life management of electronic wastes on manufacturers, the City of Sunnyvale has declared by resolution its commitment to join with other jurisdictions in passing local ordinances to help in addressing this problem.

A local ordinance should require retail sellers of CRTs to:

  1. Take back, or arrange for the free return of hazardous CRT devices from any resident of the City
  2. Create and maintain a public education program to promote the recovery, reuse, and recycling of hazardous electronic scrap
  3. Properly collect and handle hazardous CRT devices as required by the California Department of Toxic Substances Control (DTSC)

In addition, the ordinance should require each prospective vendor for the jurisdiction to certify that it and its affiliates abide by this ordinance and take-back their products free of charge.

Forty-four jurisdictions and agencies have passed resolutions supporting similar state and/or local policies on CRT disposal. In addition, three cities (San Francisco, Berkeley, and Imperial Beach) and the County of Santa Cruz are planning to introduce e-waste ordinances, with Los Angeles having already introduced an ordinance in February.

Coordinating with other Santa Clara County jurisdictions on hazardous waste issues is consistent with City policies. This type of countywide Take-Back ordinance would shift the financial burden of CRT waste management from the County and cities to those businesses that profit from selling CRTs, and would represent a significant step toward mitigating the fiscal and environmental impact of disposal of hazardous CRTs. Passage of this and similar local ordinances will increase pressure on the industry to seek uniform state legislation that addresses industry responsibility to provide for safe end of useful life management for CRTs and other hazardous electronic wastes.

FISCAL IMPACT

No fiscal impact. Adoption of a model ordinance, following its development by the Recycling and Waste Reduction Commission, may require some staff time for implementation, but this cost would be off-set by the decrease in future City refuse and household hazardous waste disposal costs.

PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the Library and the City Clerk’s Office.

ALTERNATIVES

  1. Direct staff to ask the Santa Clara County Recycling and Waste Reduction Commission to develop a model E-Waste Take-Back ordinance for adoption by the County and the fifteen cities in the county.
  2. Decline to direct staff to pursue County development of a model E-Waste ordinance.

RECOMMENDATION

Staff recommends Alternative 1.

Prepared by:
Mark A. Bowers
Solid Waste Program Manager
Reviewed by:
Marvin A. Rose
Director, Department of Public Works
Approved by:
Robert S. LaSala
City Manager

Attachments

  1. RTC #02-097

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