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Home My WebLink About048 14In the Matter of: Support of Extended Producer Responsibility for leftover paint to provide stable financing, increased recycling and reduced environmental and health impacts. STATE OF WASHINGTON County of Jefferson } } } } } } RESOLUTION NO. 48 -14 A resolution of the Board of County Commissioners of the County of Jefferson to support Extended Producer Responsibility, a product stewardship system, for leftover paint to provide stable financing, increased recycling and resource recovery, and reduced environmental and health impacts. WHEREAS, the recycling and disposal of solid and hazardous wastes and the conservation of resources are two challenging and costly issues currently facing local governments; and WHEREAS, oil -based paints are toxic, can harm fish and wildlife, can pollute groundwater when improperly disposed' , and contain volatile organic compounds (VOCs) that can irritate eyes, skin, and lungs, cause headaches and nausea, and can contribute to asthma or other respiratory problems, muscle weakness, and liver and kidney damage3 to exposed individuals; and WHEREAS, 10% of purchased paint becomes leftover waste paint', resulting in 1.34 million gallons of leftover paint in Washington in 20105; and WHEREAS, paint is the second largest waste stream, behind used oil, collected at hazardous waste facilities in Washington State and only 38 percent of available leftover paintb or 507,235 gallons were collected in 2010; and WHEREAS, only 28 percent of leftover latex paint collected in Washington in 2011 was recycled, and 60 percent of state residents had no access to latex collection; and WHEREAS, leftover latex pgint can be made into recycled- content paint, reducing the raw materials needed to produce virgin paints, and the energy required to extract those materials and manufacture new paint; and WHEREAS, local governments spent an estimated $3.5 million or 52 cents for every person in the state to recycle paints; and WHEREAS, Extended Producer Responsibility is a policy approach that shifts financial and physical responsibility for end -of -life management of consumer products from local governments to those who benefit economically from the sale of the products they produce and to those who use the products; and WHEREAS, when producers are responsible for ensuring their products are reused or recycled or disposed of responsibly and when health and environmental costs are included in the product price, there is an incentive to design products that are more durable, easier to repair and recycle, and less toxic; and WHEREAS, local and state governments have been in negotiation with paint manufacturers of the American Coatings Association (ACA) to reach agreement on paint producer responsibility since 2002, which led to a Memorandum of Understanding signed by the Washington Department of Ecology, Benton - Franklin Health Department, City of Walla Walla, City of Spokane, Solid Waste Department, City of Vancouver, Solid Waste Division, Clark County, Cowlitz County Public Works, Grays Harbor County, King County Solid Waste Division, Kitsap County Solid Waste Division, Lincoln County Public Works, Pend Oreille County, Snohomish County Solid Waste Division, the Local Hazardous Waste Management Program in King County, Whatcom County Executive, Whitman County Solid Waste Department, Yakima County Solid Waste; and WHEREAS, the American Coatings Association, representing both companies and professionals working in the paint and coatings industry, supports stewardship legislation requiring the paint manufacturers to finance and manage a paint stewardship program to recycle unwanted architectural paint and industry supported legislation has been enacted in California, Colorado, Connecticut, Maine, Minnesota, Oregon, Rhode Island and Vermont; and WHEREAS, the American Coatings Association supports legislation in Washington so that a similar product stewardship system for paint can be implemented in Washington state; and WHEREAS, it is beneficial to local government, our citizens and our state to support industry - driven initiatives that provide increased recycling and resource recovery, stable financing, and reduced environmental and health impacts; NOW, THEREFORE, BE IT RESOLVED that Jefferson County, Washington supports policies and legislation that establish a convenient, safe, and environmentally sound paint stewardship program in Washington State that is financed by paint manufacturers and covers the cost of collection, transportation, and recycling, and that does not rely on state and local government funding; BE IT FURTHER RESOLVED that Jefferson County Public Works, Washington be authorized to send letters to the State Legislature and State associations, and to use other advocacy methods to urge support for paint product steward /ship legislation. APPROVED AND ADOPTED this day of �11� 1� �1 2014. SEAL: t � . ATTEST: Carolyn A4 /. Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS n Ja� -'V ... YL_ John stin, Chair i' Phil ohnson, MeYnber David Sullivan, Member U.S. EPA, "Paintings & Coatings At A Glance: 1996- 2005," 2008 Sector Performance Report. 2008. http: / /www.epa.gov/ sectors /pdf /2008 /paint_coatings.pdf. K. Rumchev et al., "Association of domestic exposure to volatile organic compounds with asthma in young children," Thorax 59 (2004): 746 -751. s Medline. U.S. National Library of Medicine, National Institutes of Health. http: / /www.nim.nih.gov /medlineplus /ency /article /002730.htm (accessed September 25, 2012). 4 Abt Associates Inc., Quantifying the Disposal of Post - Consumer Architectural Paint. Prepared for the U.S. EPA, 2007. Available at http: / /www.epa.gov/ sectors /pdf /paint_quantity_report.pdf. s Cascadia Consulting Group, Leftover Paint Management in Washington: A Comparative Analysis of Performance, Costs, and Economic Impacts of the Existing System and o Model Product Stewardship System. Prepared for the Northwest Product Stewardship Council, October 2012. e Ibid. Ibid. 8 Ibid. 9 Product Stewardship Institute, Second Point Memorandum of Understanding. October, 2007. http:// productstewardship. us/ displaycommon .cfm ?an= 1 &subarticlenbr =118. 4 Jefferson County Solid Waste Advisory Committee Members: John Austin, County Commissioner John Merchant, City of Port Townsend (Chair) Jennifer Taylor, Citizen, District 1 Hank Fly, Citizen, District I Lisa Crosby, Citizen at Large Matt Hall, Skookum Recycle AI Cairns. Port of Port Townsend Kent Kovalenko, DM- Murrey's Disposal September 25, 2014 Board of Jefferson County Commissioners 1820 Jefferson St. Port Townsend, WA 98368 RE: Resolution of support for Extended Producer Responsibility for leftover paint County Commissioners, This advisory Committee has discussed and supports the principle of extended producer responsibility (EPR) relegated by the State of Washington to product manufacturers as a local management tool that enables recovery of hard-to-handle post- consumer materials. On September 25" a quorum of Committee members voted unanimously to approve the text of the draft Resolution. The Committee encourages support by the Board of Commissioners for applying EPR to waste paint recovery in the form of a Resolution that will be presented to Washington State's legislature. Local outcomes of an EPR paint stewardship law include: • Latex paint collection and recycling • Reassignment of oil -based disposal expenses from local trash rate payers to manufacturers and users of the products • Opportunity for local businesses to voluntarily participate (e.g. Goodwill Industries is an E -Cycle Washington participant). i V Washington State's local governments and industry have worked together in passage of similar stewardship laws, and in doing so have brought to Washington State and to Jefferson County citizens and companies: • E -cycle Washington - electronics recycling • LightRecycle Washington — mercury - bearing lamp recycling becoming effective in January 2015. Please approve the proposed Resolution to support extended producer responsibility as a way to responsibly manage left -over paints. Sincerely, John Merchant Chair City of Port Townsend Representative Department of Public Works Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E. Public Works Director /County Engineer�r�f Agenda Date: November 3, 2014 Subject: Support of producer responsibility for waste paint management Statement of Issue: Jefferson County has the opportunity to join other city and county governments in support of a statewide extended producer responsibility (EPR) initiative for the management of unwanted architectural paints. Disposal of unwanted paints is expensive and /or difficult for residents of Washington State and Jefferson County. Locally, residents must manually thicken latex paints prior to disposal, or locate an interested party to accept usable latex. Oil -based paint is disposed of locally through the Moderate Risk Waste Facility which is paid for by all residents via the solid waste tipping fee,irrespective of whether a given resident generates waste paint. An extended producer responsibility program requires paint manufacturers to establish and fund disposal or recycling opportunities for unwanted paint in a similar fashion as programs established by the rechargeable battery, electronics, and mercury- bearing lamp industries. Analysis /Strategic Goals /Pro's Et Con's: A State law to assign the responsibility of recovering unwanted post- consumer paint to manufacturers will result in new local recycle opportunities, and in the case of oil -based paint, reassignment of disposal costs from the general trash ratepayer to those purchasing paints. These benefits would be unachievable with a solely local initiative due to a larger marketplace. An extended producer responsibility approach to management of hard -to- recycle materials has proven successful in the E -Cycle Washington program for waste electronics. A similar EPR program, LightRecycle Washington, goes into effect January 1, 2015 and will assume local disposal costs for mercury- bearing lamps that are currently paid by garbage disposal rate payers. The Solid Waste Advisory Committee has been presented with the principles of an extended producer responsibility program for leftover paints and unanimously encourages the Board of County Commissioners to pass a resolution in support of such EPR legislation. Department of Public Works Consent Agenda Page 2 of 2 Fiscal Impact /Cost Benefit Analysis: In 2012 and 2013 Jefferson County has paid $14,175 in disposal, transportation and tax to dispose of oil -based paints. This excludes labor to receive and bulk the paint. Revenue for this expense is from solid waste tipping fees. An extended producer responsibility program can be expected to cover those costs in addition to some of the labor costs to collect and process the waste. Recovering and diverting latex paint from the solid waste stream may represent small revenue loss of up to several hundred dollars a year. Any lost revenue, however, will be offset by cost reductions to handle and dispose of the waste. Recommendation: That the Board of County Commissioners approve and sign the attached Resolution to support a State extended producer responsibility law for the recovery of post- consumer paint. Department Contact: Jerry Mingo, MRW Coordinator, x230 Reviewed By: a lip Morl y, OUHIY -Ad 1strator 1o12__?l /Y Date