South Lake Tahoe leads the way as city council approves water bottle ban
Submitted by Jeff Munson on Thu, 09/22/2022 - 8:44am
SOUTH LAKE TAHOE, Calif. - In 2016, the City of San Francisco was the first American municipality to ban the sales of water that comes in plastic bottles. At the time it was called a bold move that was building on a global movement to reduce the huge amount of waste from the billion-dollar plastic bottle industry.
South Lake Tahoe was an early adopter of the single-use plastic bag ban, as well as bans of single-use plastic, styrene, and straws.
Now South Lake Tahoe will be added to the list of cities starting to ban water sold in plastic bottles by April 2024 through a phased approach. During their Tuesday meeting, council members voted unanimously to approve an ordinance that updates Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations). It establishes a municipal use and commercial ban on single-use plastic water bottles smaller than one gallon, to be phased in over time.
The municipal use ban will be effective on April 22 (Earth Day), 2023, and the commercial ban will be effective one year later, on April 22, 2024. This allows time for the City and others to develop alternatives for accessible drinking water.
"We are Lake Tahoe, we have a responsibility to act," said Councilman Cody Bass. He was echoing comments made before him by Mayor Pro Tem Cristi Creegan and Councilman John Friedrich.
"This is an opportunity to change people's behavior," said Creegan. "It will take education."
Plastic bottles break down into tiny pieces (microplastics) that can be found in the lake and water bottles are the most commonly sold in South Lake Tahoe. At this time, soda bottles and other beverages sold in plastic will still be available. Water sold in reusable cans and boxes is becoming more popular, and they will still be allowed.
To accommodate the change, the City will apply for grants and look for partners to add more refillable water stations in South Lake Tahoe, and look to team with Drink Tahoe Tap, the regional outreach message of the Tahoe Water Suppliers Association.
"We are not here to ban water, just ban the container it comes in," said Mayor Devin Middlebrook. He noted there are alternatives for vessels available and the move offers an opportunity for entrepreneurs and businesses to come up with new ideas, just as they have with items like banned styrofoam coolers.
Tamara Wallace was the only council member to question the ordinance passing at this time. She wanted the infrastructure in place for water stations and drinking fountains first. Wallace said she doesn't want families to choose soda over water because that is the only option. She was also concerned that businesses would bear the brunt of the costs with no more water sales.
"Let's do this properly," said Wallace though she ended up voting with the other four to make it unanimous approval.
There were many members of the public who participated in the discussion, both from in Council Chambers and online. People from both sides of the issue spoke.
Staff and council agreed there will be a lot of needed education as they move forward with the ordinance. They said they'd rather educate than fine. There are fines associated with the ordinance. A violation by any person, food provider, or vendor is subject to a fine not exceeding $100 for a first violation, not exceeding $200 for a second violation within one year, and not exceeding $500 for each additional violation within one year.
Also, part of the new ordinance is removing exceptions for hardship in all parts of the code, including polystyrene raw food packaging.
— No food provider shall sell or otherwise provide prepared food in EPS single-use foodservice ware.
— No vendor shall sell or otherwise provide EPS foodservice ware or expanded polystyrene products.
— No person shall distribute EPS foodservice ware or expanded polystyrene products at a city facility or city-affiliated event, and all city concessionaires, lessees, licensees, and permittees for facility use, special events, and temporary activities shall comply with this section. No city funds shall be used to purchase expanded polystyrene products.
— Products made from expanded polystyrene which are wholly encapsulated or encased by a more durable material are exempt from the provisions of this section. Examples include surfboards, life preservers, and craft supplies which are wholly encapsulated or encased by more durable material and coolers encased in hard plastic.
The ordinance also has the City as the enforcement agency for the state's Single-Use Foodware Accessories and Condiments law and makes other edits for clarity and consistency with state laws that came into effect after the City's original ordinance was adopted in 2018.
The Council's action did not include plastic toiletry bottles used in motels as that is being covered by a new law. The state of California is officially banning single-use plastic bottles used in hotel and shared home bathrooms. It will be in phases. Starting on January 1 of 2023, it will be illegal to use the small plastic bottles for shampoo, conditioner, lotion, or any other single-use application in a hotel that's larger than 50 rooms.
By January 1 of 2024, it will be illegal to use them in smaller establishments including shared homes. The law encourages the use of larger, multi-use bottles similar to what the average consumer buys for their homes.
