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County Executive Schuh vetoes plastic foam ban
2018-07-16

From: Capital Gazette



The Dart Densifier compacts the polystyrene foam products into 40-pound disks that are bagged. The equipment is part of a polystyrene recycling program Baltimore Washington Medical Center has begun in partnership with the Dart Co. (Paul W. Gillespie / Capital Gazette)

County Executive Steve Schuh vetoed legislation Monday that would have banned restaurants and other food service companies from using polystyrene foam containers.

In a letter explaining the veto, Schuh — who has business interests in restaurants — said the legislation was government overreach and, in effect, a tax increase. He also cited research on the environmental and health effects of the containers.

The Anne Arundel County Council would have to vote at least 5-2 to override Schuh’s decision. This is the fourth veto of Schuh’s term.

“By no measure — human health risks, FDA approval status, environmental impact, recycling potential, landfill impact and cost to the community — does the proposed ban on foam food containers warrant the exercise of the coercive power of government as contemplated by bill 49-18,” Schuh wrote in the letter. “I look forward to working with the council to resolve our difference of opinion on this important issue.”

The council passed the plastic foam container ban on June 18 with a 4-3 vote. The ban would have required food service businesses to stop using the containers by January 2020. Any business using the containers after that date would have been subject to fines.

County Councilman Chris Trumbauer, D-Annapolis, led the charge on the plastic foam ban. He was joined by Councilmen Andrew Pruski, D-Gambrills; Pete Smith, D-Severn; and John Grasso, R-Glen Burnie.

Councilman Michael Peroutka, R-Millersville; Derek Fink, R-Pasadena and Jerry Walker, R-Crofton, all voted against the bill. Fink made it known before the vote that he owns restaurants in the county.

“It’s too bad Mr. Schuh used his executive power to overturn a bipartisan environmental bill,” Trumbauer said. “He sided with industry lobbyists over the voices of students, local restaurateurs and concerned citizens. What a shame.”

Supporters of the bill pushed for the ban to reduce the substance’s presence in county waterways and landfills and reduce its presence in take-out food.

The National Toxicology Program has listed styrene as “reasonably anticipated to be a human carcinogen.” Traces of styrene from polystyrene containers can make it into food, but this has not been held to be harmful or enough reason for the federal government to take action. Low levels of styrene are also found naturally in some foods.

The bill’s opponents argued the county had a process to recycle polystyrene foam at a site in Crofton. Cleaned foam containers can be taken to that site.

Our say: Annapolis, Anne Arundel County join debate over retreating from peak plastic
The county excludes polystyrene from its recycling program. Schuh proposed — and has received council approval — to purchase a densifier to recycle the foam containers. The scope and availability of that recycling has not been finalized.

Opponents also said the environmental and health impact of the containers had been overblown by supporters, and the cost of buying more biodegradable or recyclable containers would be too high.

The Anne Arundel County Public School system opposed the bill. The school system serves millions of trays of food. Changing to new type of food tray would cost an estimated $364,000, according to Schuh’s veto letter.

Public debate on the bill was lengthy. Supporters included environmentalists, county students, a preschooler and some business owners who said changing containers wasn’t cost prohibitive.

Opponents included plastic industry lobbyists and officials, the Restaurant Association of Maryland and the school system.

Baltimore passed its own plastic foam container ban in April. Annapolis has similar legislation before the City Council, but a decision on that bill has not yet been made.

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