Loving Reusables in the Time of COVID

By David Krueger, NCRA President, 6/9/20
Editors note: Most, but not all of these links are downloadable pdfs.
There has been a lot of confusion lately about whether or not stores and restaurants are allowed to let customers bring their own shopping bags, mugs, or other reusable items. While the State does not prohibit reusables, local jurisdictions are allowed to have COVID-19 regulations that are stricter than the State’s. (Packaging Law, 4/22/20)

On March 16, 2020  Alameda, Contra Costa, Marin, Santa Clara, Santa Cruz, and San Mateo Counties, plus the City and County of San Francisco and the City of Berkeley issued identical Shelter-in-Place Orders. (APNews, 3/16/20) These Orders all contained the same language on reusables, found in Appendix A: Social Distancing Protocol, Measures to Prevent Unnecessary Contact, which is a checklist for businesses to follow.  The specific language was: __  Not permitting customers to bring their own bags, mugs, or other reusable items from home.

Relaxed Restrictions
The Shelter-In-Place Orders have been changing rapidly since March, and the Bay Area jurisdictions listed above no longer have identical Orders.

Alameda County, (Page 6) and the City of Berkeley, (Page 7) now state:  “Customers are permitted to bring their own bags, mugs, or other reusable items from home, but they must not place them on any surfaces.” Stopwaste is seeking clarification from Alameda County and the City of Berkeley regarding the definition of “surfaces” before educating the public about this new Order.

Santa Clara County (Page 4) still says “Do not allow customers to use their own cups or other reusable food containers from home for takeaway”, but allows customers to use their own shopping bags as long as businesses  “Require customers using reusable bags from home to bag their own groceries”.

Still Prohibiting Reusables
Contra Costa County, (Page 2)
Marin County, (Page 6)
Napa County, (Page 2)
San Francisco, (Page 2)
San Mateo County, (Page 2)
Santa Cruz County, (Page 2)
Solano County – TBD
Sonoma County, (Page 3)

NCRA Recommendations and Suggested Actions
NCRA and Californians Against Waste recommend using Mendocino County’s (Attachment A, Page 24) language regarding reusables: “Not permitting customers to bring their own bags, mugs, or other reusable items from home that must be handled by employees. Customers bringing their own reusable items that do not require handling by employees is permissible.”

We also recommend that customers be allowed to bring their own reusable shopping bags as long as the customers and the store follow the Cal-OSHA guidelines for the safe use of reusable bags (pdf):

    • Bags are not placed on conveyor belts or any other area outside of shopping carts.
    • Bags make no contact with employees.
    • Customers bag their own groceries.
    • Customers do not bag groceries in the checkout area if they cannot maintain physical distancing. Groceries can be placed in a cart and bagged elsewhere by the customer.
    • Increase the frequency of disinfection in bagging areas used by customers.

On April 21, 2020 NCRA sent letters to six of the prohibiting jurisdictions listed above encouraging them to allow reusables. On  April 27, 2020, NCRA signed on to the attached letter organized by Upstream Solutions. On June 10, we sent eight letters encouraging the receiptant jurisdiction revise their order as per Mendocino County’s (Attachment A, Page 24) . (See each (NCRA LETTER) in Health Officer List below.

What Can You Do?
1. SHOP WITH REUSABLES

When reusables are “legal” again, shop at establishments that allow them and encourage others to follow. Note that some stores and restaurants may still choose to prohibit reusables even if they are not required to.

Here is bagging advice from Zero Waste Sonoma: However, you can still use reusable bags; just leave them in your vehicle, or if you don’t drive to the store, keep them in a backpack or handbag, and ask the bagger to place groceries directly into the cart at checkout. When you exit the store, transfer items from the cart into your bags. As an extra precaution, wash your bags between uses.

2. WRITE YOUR HEALTH OFFICER
Please write your local health officials to allow reusables again. Encourage them to adopt the Mendocino County Attachment A language. “Not permitting customers to bring their own bags, mugs, or other reusable items from home that must be handled by employees. Customers bringing their own reusable items that do not require handling by employees is permissible.” (See each (NCRA LETTER) in Health Officer List below.

Bay Area Health Officials and Sample Letters
Dr. Erica Pan, Interim Health Officer (NCRA LETTER)
Alameda County Public Health Department
1000 Broadway Suite 500, Oakland, CA 94607
510 267-3200, Erica.Pan@acgov.org

Lisa B. Hernandez, MD, MPH, Health Officer (NCRA LETTER)
City of Berkeley, Health Housing, and Community Services
1947 Center Street, 2nd Floor, Berkeley, CA 94704
510 981-5308, Fax: 510 981 5395, lihernandez@cityofberkeley.info

Christopher Farnitano, MD, Health Officer (NCRA LETTER)
Contra Costa County Health Services
50 Douglas Drive, Suite 310-A, Martinez, CA 94553
925 957-2679, Chris.Farnitano@hsd.cccounty.us

Matthew Willis, MD, KPH, Public Health Officer and Benita McLarin, Director (NCRA LETTER)
Marin County Health and Human Services
3240 Kerner Boulevard, San Rafael, CA 94903
415 473-4163, bmclarin@marincounty.org; mwillis@marincounty.org

Tomás J. Aragón, MD, DrPH, Health Officer (NCRA LETTER)
San Francisco City and County Department of Public Health
101 Grove Street, Room 308, San Francisco, CA 94102
415 554-2710, tomas.aragon@sfdph.org

Scott Morrow, MD, MPH, Health Officer and Cassius Lockett, Director (SAMPLE LETTER)
San Mateo County Public Health Department (NCRA LETTER)
225 37th Avenue, San Mateo, CA 94403
650 573-2519, smorrow@smcgov.org; clockett@smcgov.org

Sara H. Cody, MD, Health Officer (NCRA LETTER)
Santa Clara County Public Health Department
976 Lenzen Avenue, 2nd Floor, San Jose, CA 95126
408 792-3798, sara.cody@phd.sccgov.org

Gail Newel MD, Health Officer (NCRA LETTER)
County of Santa Cruz Health Services Agency
Post Office Box 962, 1080 Emeline Ave., Santa Cruz, CA 95061-0962
831 454-4000, Fax: 831 454-4488, gail.newel@santacruzcounty.us

Dr. Sundari Mase, Interim Health Officer (NCRA LETTER I/P)
Sonoma County Department of Health Services
1450 Neotomas Avenue, Suite 200
Santa Rosa, CA 95405

 

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Berkeley Moves The Ball Forward For Salvage and Reuse

From left: Urban Ore staff – Elias Soto, Max Wechsler and Jose Luis Soto. Photo by now forgotten City staff person circa 2011.

By Max Wechsler, Operations Manager, Urban Ore Inc., 6/9/20
On June 2, the Berkeley City Council adopted a resolution authorizing the City Manager to extend its contract with Urban Ore for another 3 years!

Importantly, the new contract reinstates the company’s salvage service fee for every ton rescued from the transfer station to be sold for reuse or recycling. The resolution was written by Berkeley’s Department of Public Works and was passed on the consent calendar. It states that, “the new contract will allow the City to continue reduction of landfilling reusable materials and support the City’s Zero Waste Goal to reduce materials to be landfilled”.

Some history: Urban Ore has been salvaging in Berkeley since 1980. In the year 2000, for two main reasons, the City began paying the business for its salvage service. First, the enforcement of AB939 was about to take effect, and the City was incentivized to meet the state’s diversion requirements. Second, Urban Ore was in the middle of a big move to its current location. Councilwoman Linda Maio led Council to label Urban Ore a “Berkeley treasure” and support it both financially and administratively to help it through the move. Various measures were taken, including the invention of the salvage service fee, which is largely credited to Tania Levy, who was working for the Solid Waste Division – now the Zero Waste Division – of the Department of Public Works.

The invention was elegant indeed, recognizing that reuse and recycling aren’t free; these services involve significant labor and capital costs. The City of Berkeley owns and operates its own transfer station. If the City pays X dollars to send one ton of material to the landfill, doesn’t it make sense to pay X dollars to keep the same material out of the landfill? With that in mind, the City began payments in 2000, first at $30 per ton, and then $40 per ton – always slightly less than the landfill disposal fee. This continued until the Great Recession created a budget crisis for the City, and the salvage service fee was removed from the 2012 contract renewal.

Now, eight years later, the salvage service fee has been reinstated, and for the first time ever, the City is paying Urban Ore the exact amount per ton, $47.74, as it is to Waste Management, Inc. for landfill disposal. This is good news not only for Urban Ore, but conceptually, it is a game changer because it recognizes that Zero Waste services deserve at least the same amount of compensation as do Waste services because Zero Waste services create a variety of economic, environmental, and social benefits that wasting does not. Actually, one can quite reasonably make the argument that a Zero Waste service should be paid more than the alternative, but this is a good start! Here is the summary of the benefits that we create, taken from my public comment to City Council:

Economically, the City’s landfill tipping fees decrease proportionally to our salvage service payments, so the direct cost is a wash to the City. However, Urban Ore’s goods and services create interesting economic multiplier effects that landfilling does not. We provide inexpensive, quality goods to our customers, thus saving the local community money and increasing the profit margins for other small businesses. For example, contractors buy lumber and vintage door hardware from us at the lowest prices available—a shameless plug, but true! We also pay out about $100,000 to customers annually, in both cash and store credit, in exchange for dropping off high quality items for us to re-sell. This process recirculates money and goods through the local economy. Little is exported. Furthermore, as a for-profit business, in 2018 we paid $240K in sales tax, $116K in property tax, and $456K in employer’s taxes. In a “normal” non-virus situation, we employ 42 staff, which translates to 31 FTE.

Environmentally, it’s a big win that helps the City reach its Zero Waste goals. In addition to the resources that we salvage at the transfer station, we deal with thousands more tons of materials that are dropped off on our site annually. We also have a crew doing pick-ups from residences and businesses throughout the Bay Area. Our salvaging staff are trained to identify hazardous materials at the transfer station and communicate with City staff to ensure responsible handling.

Last but not least, there are intangible but very real social and community benefits which I have come to appreciate increasingly over the last four years. Urban Ore serves as a stage for a vibrant community of artists, teachers, builders, collectors, environmentalists, hipsters, do-it-yourselfers—you name it! Our customers are from every socioeconomic background and are as diverse as you will find. The 2018 New York Times article “Berkeley on a Budget” ends like this:

‘But the place that captured the Berkeley spirit as much as any place I went was Urban Ore; part salvage yard, part thrift store, it’s one of the most incredible places I’ve visited for recycled and upcycled goods. From clothing to electronics, an entire section of loose doors (yes, doors) and a yard full of toilets and sinks, you can easily spend a few hours there. It’s eclectic, a little chaotic and inimitable — just like Berkeley itself.”

In summary, the question for City Council was: with two equal cost options, how do we want to allocate the enterprise fund? Do we want to allocate it to Urban Ore, which generates all of the aforementioned benefits? Or, do we want to allocate it to the largest owner of landfills in the world, which involves a handful of people and some heavy equipment burying the same materials in a landfill at the headwaters of an upland creek that drains into the San Francisco Bay?

Urban Ore would like to thank the Berkeley City Council, the Berkeley Zero Waste Commission, and the Berkeley Department of Public Works, particularly Phil Harrington, Greg Apa and Heidi Obermeit. On the resolution, the list of WHEREAS’s really knocks the ball out of the park, including, “WHEREAS, Urban Ore’s proven safety record, environmental commitment, and quality customer service have made them a vital zero waste partner; and… WHEREAS, the Urban Ore salvage program is a Strategic Plan Priority Project that advances our goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment”.

We look forward to continuing our pioneering and renowned private-public partnership for generations to come.

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Plastics Free CA Ballot Initiative

ACT NOW! HELP US ENSURE A CLEAN AND HEALTHY FUTURE FOR ALL CALIFORNIANS

Plastics Free CA is a ballot initiative—an effort organized by the people of California to impact change through an upcoming election. Signature gathering was on a great roll, but due to the current circumstances, the campaign managers as estimating they are about 40-50,000 signatures short. They are accepting signatures through June 19. If you have access to a printer or printing shop, here’s how you can help make sure that Californians have a chance to vote to stop plastic pollution:

Step 1: Review the initiative

Step 2: Print, sign, and send! Please read the instructions carefully

Step 3: Spread the word! Share this site and use the hashtag #PlasticsFreeCA on social media

Petition drive paid for by Clean Coasts, Clean Water, Clean Streets: Environmentalists, Recyclers, and Farmers Against Plastic Pollution. Committee major funding from Recology, Corn Refiners Association and New Approach PAC.

Bay Area Shelter-In-Place Orders Amended To Include Recycling and Composting

BAY AREA SHELTER-IN-PLACE ORDERS AMENDED TO INCLUDE RECYCLING AND COMPOSTING

Doug Brooms, ZWAC Co-Chair, 5/14/20

In the revised S-I-P Order, issued on April 29 by Alameda County and Contra Costa County, and likely others, the definition of “Essential Infrastructure” has been amended as follows:

  • Essential Infrastructure means airports, utilities (including water, sewer, gas, and electrical), oil refining, roads and highways, public transportation, solid waste facilities (including collection, removal, disposal, recycling, and processing facilities)…
  • All recycling facilities may operate, including but not limited to those providing for recycling of beverage containers, scrap metal, used oil, construction and demolition debris, and any other materials that can be, or are required to be, recycled by the State of California.
  • Composting facilities may operate and composting activities may take place.

This was welcome news for recycling businesses. On the first day following the revised Order, Cash for Cans in East Oakland reopened for business, with over 100 pleased customers, after being closed for six weeks.

There is speculation that the change might have been precipitated by letters that had been emailed individually to each Public Health Department Director serving five of the participating Bay Area Counties. At a NCRA Zero Waste Advocacy Committee (ZWAC) meeting via Zoom teleconference on 4/14, attendees had commented on the impact of Covid-19 on waste collection services, mostly the curtailment or suspension of businesses handling recyclable materials.

To address concerns raised by members, ZWAC Co-Chair John Moore volunteered to draft a letter to send to County Public Health Directors. Paragraph #1 included several compelling arguments for the inclusion of recycling within the solid waste category of Essential Infrastructure. Paragraph #2 presented a strong case for allowing CRV buy back businesses to operate. Paragraph #3 had requested accommodation to allow grocery store customers to bring in their reusable bags.

The 4/29 Order had acceded to the first two counts, with composting appearing as an added bonus. It is not known if the Public Health Directors had heard from any other grassroots organizations or recycling businesses. There may be no way of knowing for sure whether the NCRA letters had been persuasive or pivotal, but there is gratification in suspecting that they were. Letters in fact can make a difference.