City of Berkeley

Chapter 11.60 Polystyrene Foam, Degradable and Recyclable Food Packaging

Effective 1jan90

Section 11.60.010 Findings and purposes.

    The council finds as follows:

    A.    Solid waste that is non-degradable or non-recyclable poses an acute problem for any environmentally and financially responsible program of solid waste management. Such waste covers the City's streets, parks, public places, and open spaces. It enters the marine and natural environment and is ingested by aquatic wildlife, frequently causing death. There is resultant damage to the ecological balance.

    B.    Products which are degradable or recyclable offer environmentally sound alternatives or non-degradable and non-recyclable products currently used. By decaying into their constituent substances, degradable products, compared to their non-degradable equivalents, are less of a danger to the natural environment, and less of a permanent blight on the urban landscape. Recycling of products reduces costly waste of natural resources and energy used in production of new products as well as costly disposal of waste in landfills.

    C.    Polystyrene foam is a petroleum processing by-product. Oil is a non-renewable resource, which can only be obtained by increasingly hazardous methods such as off-shore drilling, which poses significant dangers to the environment. Alternative products which are degradable or recyclable pose far less overall hazards than continued and expanded reliance on oil-based products.

    D.    Evidence indicates that all blowing agents currently used or proposed in connection with the manufacture of polystyrene foam pose dangers to the environment. Beyond the generally acknowledged dangers of Chlorofluorocarbons (CFCs) to the ozone layer, which are addressed in another City of Berkeley ordinance, other blowing agents also create dangers. For example, the blowing agent pentane creates hazardous earth-level smog and has already been restricted in some regions for air quality reasons.

    E.    Takeout food packaging constitutes the single greatest source of litter in Berkeley and is a significant contributor to the total amount of waste entering the City's waste stream.

    F.    It is in the interest of the health, safety, and welfare of all who live, work and do business in the City that the amount of litter on the public streets, parks, public places, and open spaces be reduced.

    G.    The City of Berkeley has the duty to responsibly dispose of its solid waste, yet existing landfill sites are rapidly approaching capacity, and additional sites are increasingly unavailable.

    H.    Reduction of the amount of non-degradable waste entering the waste stream and encouraging the use of recyclable containers further this goal.

    I.    This Chapter is consistent with the City of Berkeley's 1986 Solid Waste Management Plan, the County of Alameda Solid Waste Management Plan, and the legislative intent and findings of the State of California Solid Waste Management and Resource Recovery Act of 1972 (Government Code Section 66700 et seq.) (Ord. 5888-NS § 1, 1988)

Section 11.60.020 Definitions.

    A.    "Polystyrene foam" means any styrene or vinyl chloride polymer which is blown into a foam-like material.

    B.    "Polystyrene foam food packaging" means any food packaging which contains any polystyrene foam.

    C.    "Customer" means anyone purchasing food or beverages from a restaurant or retail food vendor.

    D.    "Person", "Anyone" means any natural person, firm, corporation, partnership, or other organization or group however organized.

    E.    "Supplier" means anyone selling, or otherwise supplying food packaging to a restaurant or retail food vendor.

    F.    "Food vendor" means any restaurant or retail food vendor.

    G.    "Prepared food" means foods or beverages which are prepared on the vendor's premises by cooking, chopping, slicing, mixing, freezing or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any raw uncooked meat product or fruits or vegetables which are not chopped, squeezed, or mixed.

    H.    "Restaurant" means any establishment located within the City of Berkeley, selling prepared food to be eaten on or about its premises by customers. Restaurant includes a sidewalk food vendor.

    I.    "Takeout food" means prepared foods or beverages requiring no further preparation to be consumed and which are generally purchased in order to be consumed off the retail food vendor's premises.

    J.    "Retail food vendor" means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the City of Berkeley, which sells takeout food.

    K.    "Food packaging" means all bags, sacks, wrapping, containers, bowls, plates, trays, cartons, cups, straws and lids which are not intended for reuse, on or in which any foods or beverages are placed or packaged on a restaurant's or retail food vendor's premises.

    L.    "Degradable food packaging" means food packaging which substantially reduces to its constituent substances through degradation processes initiated by natural organisms whose end products are substantially, but not necessarily entirely, carbon dioxide and water; and plastic items designed to degrade when exposed to ultraviolet light. Degradable food packaging does not include cellulose-based items which have a synthetic or plastic coating comprising more than five percent of the total volume of the item.

    M.    "Recyclable food packaging" means any food packaging including glass, cans, cardboard, paper, mixed paper, or other items which can be recycled, salvaged, composted, processed, or marketed by any means other than landfilling or burning, whether as fuel or otherwise, so that they are returned to use by society. (Ord. 5888-NS § 2, 1988)

Section 11.60.030 Prohibited food packaging (polystyrene foam).

    A.    Restaurants:

    1.    Except as provided in Sections 11.60.070 and 11.60.080, no restaurant shall provide prepared food to its customers in any polystyrene foam food packaging, nor shall any restaurant purchase, obtain or keep any polystyrene foam food packaging for such purpose.

    2.    As to any food packaging obtained after the effective date of this chapter, each restaurant shall obtain from each of its suppliers a written statement signed by the supplier, or by a responsible agent of the supplier, stating that the supplier will supply no polystyrene foam food packaging to that vendor, that the supplier will note on each invoice for food packaging supplied to that vendor that the packaging covered by the invoice is not polystyrene foam and the identity of the packaging's manufacturer.

    3.    All contracts between a restaurant and a supplier entered into after the effective date of this chapter shall include provisions that the supplier will supply no polystyrene foam food packaging; that the supplier will state on each invoice for food packaging supplied that the packaging is not polystyrene foam and the identity of the packaging's manufacturer; and that failure to comply with such provisions shall constitute a material breach of the contract.

    4.    Restaurants shall retain each supplier's written statement for one year from the date of receipt of any food packaging from that supplier.

    B.    Retail food vendors:

    1.    Except as provided in Sections 11.60.070 and 11.60.080, no retail food vendor shall sell takeout food in any polystyrene foam takeout food packaging, nor shall any retail food vendor purchase, obtain or keep any polystyrene foam packaging for this purpose.

    2.    All retail food vendors shall segregate, in their warehouses or other storage areas, food packaging used in their takeout food operations from other food packaging. Takeout food packaging containers or boxes shall be labelled as such and shall indicate that they contain food packaging which is not polystyrene foam.

    3.    As to any takeout food packaging purchased after the effective date of this chapter, each retail food vendor shall comply with the requirements of Sections 11.60.030A, paragraphs 2 and 4 of this chapter.

    4.    All contracts for the purchase of takeout food packaging entered into after the effective date of this chapter shall comply with the provisions of Section 11.60.030A, paragraph 3. (Ord. 5888-NS § 3, 1988)

Section 11.60.040 Degradable and recyclable food packaging.

    A.    Restaurants:

    1.    At least fifty percent by volume of each restaurant's food packaging, in which prepared food is provided to customers, or which is kept, purchased, or obtained for this purpose, shall be degradable or recyclable.

    2.    Each restaurant shall maintain written records evidencing its compliance with this section.

    B.    Retail food vendors:

    1.    At least fifty percent by volume of each retail food vendor's packaging, in which takeout food is provided to customers, or which is kept, purchased, or obtained for this purpose, shall be degradable or recyclable.

    2.    Each retail food vendor shall maintain written records evidencing its compliance with this section. (Ord. 5888-NS § 4, 1988)

Section 11.60.050 Regulations applicable to all food vendors.

    A.    It shall be unlawful for any supplier to make any misstatement of material fact to any food vendor or to the City Manager or his or her agents regarding the degradable or recyclable nature of, or the use or non-use of polystyrene foam in the manufacture of any food packaging supplied to any food vendor.

    B.    Food vendors shall state that they are in compliance with this chapter on their annual business license renewal forms. (Ord. 5888-NS § 5, 1988)

Section 11.60.060 Inspection of documents.

    All statements and documents required by this chapter shall be made available for inspection by the City Manager or his or her designated representative. It shall be unlawful for anyone having custody of such documents to fail or refuse to produce such documents upon request by the City Manager or his or her designated representative. (Ord. 5888-NS § 6, 1988)

Section 11.60.070 Exemptions.

    The City Manager or his or her authorized representative may exempt an item or type of food packaging from the requirements of this chapter, upon a showing that the item or type has no acceptable non-polystyrene foam equivalent and that imposing the requirements on that item or type would cause undue hardship. Said documentation shall include a list of suppliers contacted to determine if non-polystyrene foam substitutes are available. (Ord. 5888-NS § 7, 1988)

Section 11.60.080 Existing contracts exempted.

    Food packaging required to be purchased under a contract entered into prior to September 22, 1987 is exempt from the provisions of this chapter. (Ord. 5888-NS § 8, 1988)

Section 11.60.090 City of Berkeley: purchases prohibited.

    The City of Berkeley shall not purchase any polystyrene foam food packaging, nor shall any City-sponsored event utilize such packaging. At least fifty percent by volume of the food packaging which the City, or any City-sponsored event, utilizes shall be recyclable or degradable. (Ord. 5888-NS § 9, 1988)

Section 11.60.100 Separate food packaging waste receptacles.

    Each restaurant and retail food vendor shall establish separate waste receptacles for each type of recyclable food packaging waste, generated on premises, including, but not limited to, glass, cans, cardboard, newspapers, and mixed paper. (Ord. 5888-NS § 10, 1988)

Section 11.60.110 City Manager's powers.

    The City Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter including, but not limited to, inspecting any vendor's premises to verify compliance. (Ord. 5888-NS § 11, 1988)

Section 11.60.120 Liability and enforcement.

    A.    Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code.

    B.    The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

    C.    The remedies and penalties provided in this section are cumulative and not exclusive. (Ord. 5888-NS § 12, 1988)

Section 11.60.130 Severability.

    If any part or provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter are severable. (Ord. 5888-NS § 13, 1988)

Section 11.60.140 Ordinance voided by superseding laws and regulations.

    The provisions of this chapter with respect to polystyrene foam, shall be void upon the enactment or adoption of any law or regulation restricting the use of plastic foams. (Ord. 5888-NS § 14, 1988)

Section 11.60.150 Effective date.

    The provisions of this chapter shall become effective on January 1, 1990. (Ord. 5888-NS § 15, 1988)

source: http://www.ci.berkeley.ca.us/bmc/berkeley%5Fmunicipal%5Fcode/title%5F11/60/index.html 18jan01

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Styrofoam (Polystyrene Foam Food Packaging)

Chapter 11.62 Regulation of Sale, Use and Recycling of Products That Utilize Ozone-Depleting Compounds

The Berkeley Municipal Code, Chapter 11.60. prohibits the use of styrofoam in restaurants in the City of Berkeley.  The Registered Environmental Health Specialist (REHS) responds to complaints and takes enforcement action, and interprets and clarifies the polysterene foam food packaging containers.

Section 11.62.010 Findings and purpose.

    The council finds and declares as follows:

    A.    Available scientific evidence indicates that Chlorofluorocarbons ("CFCs") and Halons, when discharged into the environment, deplete the earth's protective ozone layer, allowing increased amounts of ultraviolet radiation to penetrate the earth's atmosphere, thereby posing a long-term danger to human health, life and the environment by increasing such harms as skin cancers, cataracts, suppression of the immune system, damage to crops and aquatic life, and related harms.

    B.    The release of Halons in testing fire extinguishing systems is a primary source of the release of Halons into the earth's atmosphere; and, while there is currently no economically feasible technology available as a substitute for the Halon used in certain electrical equipment and industrial fires, many acceptable substitutes are available for household fire extinguishers using Halon.

    C.    CFCs, marketed under the name "Freon," are widely used in refrigeration and air conditioning systems but there is currently no economically feasible technology available as a substitute for such use of Freon. However, the recapturing and recycling of Freon from auto air conditioning units is feasible and available; such recapture and recycling alone could eliminate nearly twenty percent of all CFC chemicals used nationally.

    D.    The Montreal Protocol On Substances That Deplete The Ozone Layer (an international pact), which was ratified by the United States on April 21, 1988 and became effective January 1, 1989, calls for reductions in the production, importation and exportation of CFCs to fifty percent of the worldwide 1986 levels by 1998, for a freeze on the production of Halon at 1986 levels beginning January 1, 1992, a phaseout of CFCs by 2000, a phaseout of Trichloroethane (TCAs) by 2005, with up to ten years longer for developing countries.

    E.    In light of the current and future limitations on the production of CFCs both nationally and internationally, the development and utilization of environmentally safe alternatives to CFCs at this time will create a competitive advantage to those businesses electing to utilize such alternatives prior to the effective date of any comprehensive international, federal, state or local regulation banning the use of CFCs and Halons.

    F.    The release of CFCs and Halons into the atmosphere is a global danger to the environment; thus, any reduction in the release of said materials within the City of Berkeley will reduce the global danger and will result in a benefit to the overall health and safety of the public inside and outside the City of Berkeley.

    G.    Recent discoveries have shown that the reductions in CFC levels set forth in the Montreal Protocol may be insufficient to remedy the global health and safety risk created from the release of CFCs and Halons.

    H.    The City of Berkeley encourages the research and development of environmentally safe alternative technologies and products to replace the use of CFCs and Halons.

    I.    The City of Berkeley supports all international, federal and state bans on uses of CFCs; however, until such bans have been adopted by the appropriate agencies, responsible action on the part of the City of Berkeley is necessary to reduce CFC and Halon use in order to promote the long-term health, safety and welfare of the general public, and the environment.

    J.    To protect the environment, and the health, safety and welfare of its citizens, the City of Berkeley herein, by this chapter intends to prohibit the use of ozone-depleting compounds in manufacturing, production, cleansing, degreasing or sterilization activities, to prohibit the sale and use of certain products made of or with ozone-depleting compounds, to require the recapture and recycling of freon and other ozone-depleting compounds, and to significantly reduce the release of Halons into the earth's atmosphere. (Ord. 6031-NS § 1, 1991)

Section 11.62.020 Definitions.

    A.    "Chlorofluorocarbons" or "CFCs" means the family of substances containing carbon, fluorine and chlorine, and having no hydrogen atoms and no double bonds, and which includes, without limitation, Chlorofluorocarbon ("CFC") -11, CFC-12, CFC-113, CFC-114 and CFC-115. Examples of products containing or utilizing chlorofluorocarbons are "Freon" used in air conditioning and refrigeration units, degreasers and solvents used in the cleaning of metals and electronic components and rigid and flexible foam used as packaging material and insulating material, and flexible foam used in car seats, bedding and furniture.

    B.    "Hydrochlorofluorocarbons" or "HCFCs" means the family of substances containing carbon, fluorine, chlorine and hydrogen and having no double bonds, and which includes, without limitation, Hydrochlorofluorocarbon ("HCFC") -22 and R-22. Examples of products containing or utilizing HCFCs are refrigerants used in air conditioners and refrigerators, and degreasers used to clean electronic components.

    C.    "Halon" means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, and includes, without limitation, Halon-1301, Halon-1211 and Halon-2402.

    D.    "Ozone-depleting compound" means any CFC, HCFC, Halon, the chemical compounds of methyl chloroform and carbon tetrachloride and any other chemical compound hereafter designated by the City Council by amendment to this ordinance, as being an "ozone-depleting compound."

    E.    "Rigid or flexible foam containing or utilizing an ozone-depleting compound" means any rigid or flexible foam, such as styrofoam or thermoplastic foam, building insulation, or any other rigid or flexible foam that contains within any closed cell any ozone-depleting compound or that was produced by using an ozone-depleting compound in any manner during the manufacturing process; provided, however, that use of CFC-processed food packaging is governed by Berkeley Municipal Code Chapter 11.58.

    F.    "Person," "anyone" means any natural person, firm, corporation, partnership or other organization or group however organized.

    G.    "Establishment" means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, common law trust, society or individual engaged in any profession, trade, occupation and any and every kind of calling carried on for profit or otherwise within the City, including any governmental entity or charitable organization.

    H.    "Retail establishment" means any establishment primarily engaged in the business of selling any goods, wares or merchandise for any purpose other than resale in the regular course of business.

    I.    "Licensed health care facility" means any health care facility licensed either by the State of California Department of Health Services, pursuant to the provisions of the Health and Safety Code, or by the United States Department of Health and Human Services.

    J.    "Supplier" means anyone selling, or otherwise supplying rigid or flexible foam containing or utilizing an ozone-depleting compound. (Ord. 6031-NS § 2, 1991)

Section 11.62.030 Prohibition on the use of ozone-depleting compounds in manufacturing and other commercial activities.

    A.    No establishment shall use any ozone-depleting compound in any process or activity involving the manufacture, production, cleansing, degreasing or sterilization of any substance or product, except as otherwise provided in this section.

    B.    Exemptions:

    1.    This section shall not apply to the study and/or research of the effects of the release of ozone-depleting compounds into the environment and/or the development of alternative technologies, where such compounds are necessary for conducting such study and research.

    2.    This section shall not apply to any ozone-depleting compound used as a coolant in any refrigeration or air conditioning unit or system.

    3.    Subsection A of this section shall not apply to any licensed health care facility operated either for profit or not for profit, including any medical research conducted at such facility, nor to manufacturers of any "drug" and/or any medical "device" as the terms "drug" and "device" are defined in Title 21 U.S.C. Sections 321(g)(1) and 321(h) of the Federal Food, Drug and Cosmetic Act, but only if the manufacturer is required to comply with the Good Manufacturing Practice requirements adopted pursuant to Title 21 U.S.C. Section 360j(f). This exemption is valid until such time as safe and effective alternatives to the current use of ozone-depleting compounds by the licensed health care facility or manufacturer of drugs and/or medical devices are available, as determined by the City and approved by council. All manufacturers of drugs and/or medical devices that utilize ozone-depleting compounds as sterilants shall adopt and implement a recycling system whereby any such ozone-depleting compound used by such manufacturers shall be recaptured and recycled.

    4.    This section shall not apply to any establishment manufacturing a product or component product under contract with any branch of the United States Armed Forces for which applicable military specifications require the use of an ozone-depleting compound. Such establishment shall adopt and implement a recycling system whereby any ozone-depleting compound used as a solvent shall be recaptured and recycled. (Ord. 6031-NS § 3, 1991)

Section 11.62.040 Rigid and flexible foam packaging prohibited.

    A.    No establishment shall package any product with rigid or flexible foam containing or utilizing an ozone-depleting compound.

    B.    As to any rigid or flexible foam packaging obtained after the effective date of this chapter, each establishment shall obtain from each of its suppliers a written statement signed by the supplier, or by a responsible agent of the supplier, stating that the supplier will supply no rigid or flexible foam packaging containing or utilizing an ozone-depleting compound to that establishment, that the supplier will note on each invoice for rigid or flexible foam packaging that the packaging covered by the invoice does not contain or utilize an ozone-depleting compound, and the identity of the packaging's manufacturer.

    C.    All contracts between an establishment and a supplier entered into after the effective date of this chapter shall include provisions that the supplier will supply no rigid or flexible foam packaging containing or utilizing an ozone-depleting compound, that the supplier will state on each invoice for rigid or flexible foam packaging that the packaging does not contain any ozone-depleting compound, and that failure to comply with such provisions shall constitute a material breach of the contract.

    D.    Establishments shall retain each supplier's written statement for one year from the date of receipt from that supplier of any rigid or flexible foam packaging.

    E.    Packaging required to be purchased under a contract entered into prior to the effective date of this chapter is exempt from the provisions of this chapter. (Ord. 6031-NS § 4, 1991)

Section 11.62.050 Ozone-depleting compounds in building insulation.

    In the construction of any building or structure (commercial, industrial, residential or other), no person shall install any building insulation that contains or utilizes an ozone-depleting compound. Simultaneous with the filing of a building permit application, the applicant shall submit a written verification certifying that the building insulation to be installed does not contain an ozone-depleting compound. (Ord. 6031-NS § 5, 1991)

Section 11.62.060 Ozone-depleting compounds used as coolants in refrigeration and air conditioning units.

    A.    All establishments that manufacture, repair, service or maintain any refrigeration or air conditioning unit or system shall adopt and implement a recycling system whereby the ozone-depleting compound used as a coolant in such refrigeration or air conditioning unit or system will not be released into the environment, but will be recaptured, reused and recycled.The unit used for such recapture and recycling shall meet the standards adopted by the Society of American Engineers and shall be approved by Underwriters Laboratory; and all persons operating such units shall be trained in their use.

    B.    No establishment shall sell any ozone-depleting compound for use as a coolant in a refrigeration or air conditioning unit or system to any other establishment that does not possess a recycling system.

    C.    No establishment shall dispose of or shall cause the disposal of any refrigeration or air conditioning unit or system either in conjunction with the disposal of another product, or in any other manner, without first recapturing and recycling any ozone-depleting compound used as a coolant in said unit or system, or without first ensuring such coolant will be recaptured and recycled.

    D.    No establishment shall sell Freon or any other ozone-depleting compound in containers intended for use by individuals for "do-it-yourself" refrigeration or air conditioning unit repair. (Ord. 6031-NS § 6, 1991)

Section 11.62.070 Containers of ozone-depleting compounds for individual use.

    No establishment shall sell any ozone-depleting compound in containers intended for use by individuals for any purpose. (Ord. 6031-NS § 7, 1991)

Section 11.62.080 Fire extinguishing systems or units that utilize Halon.

    A.    Other than testing or training as may be required by any statute, rule or regulation mandating the release of Halon, no person shall release Halon in the training of personnel or in the testing of any fire extinguishing system unless the owner or lessee of the premises has provided at least ten days' notification to the City of its intent to do so.

    B.    No retail establishment shall sell any portable fire extinguishing system or unit in which Halon is used as the extinguishing agent.

    C.    All establishments that repair, service or perform maintenance on any portable fire extinguishing system or unit shall adopt and implement a reclamation system whereby any Halons used as the extinguishing agent in any such system or unit shall not be released into the environment, but shall be recaptured and recycled. (Ord. 6031-NS § 8, 1991)

Section 11.62.090 Exemptions.

    A.    Any person or establishment may apply for an exemption from any section or subsection of this chapter upon submittal of an application, payment of the appropriate processing fee, which fees shall be in accordance with a fee schedule adopted by resolution of the City Council, and a showing that no technically or economically feasible alternative for such person's or establishment's use of an ozone-depleting compound is currently available, and a plan and timeline for how such person or establishment will comply with this chapter in the future.

    B.    The City Manager shall make a recommendation to the City Council as to whether the exemption should be granted or denied. The City Council may either grant or deny the application, or take any other steps it deems necessary prior to granting or denying the application.

    C.    The following factors are among those to be considered in submitting and considering any application for an exemption: (1) the technical, practical and economic viability of the alternative; (2) the health, safety and environmental impact of the alternative; (3) the length of time for which the exemption is sought and the length of time needed before a technically and economically feasible alternative can be implemented; (4) the measures the applicant has already taken or plans to take, and a timeline of such plans, to minimize and/or eliminate the release of an ozone-depleting compound, including whether and when a reclamation and recycling system has been or is to be implemented, as well as the effectiveness of any such system; (5) the hardship that will result to the applicant in the event the exemption is not granted; (6) whether the applicant's actions are consistent with the spirit and intent of this chapter. (Ord. 6031-NS § 9, 1991)

Section 11.62.100 Inspection of documents.

    All statements, documents and certificates required by this chapter shall be made available for inspection by the City Manager or his or her designated representative. It shall be unlawful for anyone having custody of such documents to fail or refuse to produce such documents upon request by the City Manager or his or her designated representative. (Ord. 6031-NS § 10, 1991)

Section 11.62.110 Certification.

    All establishments shall state that they are in compliance with this chapter on their annual business license renewal forms. (Ord. 6031-NS § 11, 1991)

Section 11.62.120 City Manager's powers.

    The City Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, inspecting any establishment's premises to verify compliance. (Ord. 6031-NS § 12, 1991)

Section 11.62.130 Liability and enforcement.

    A.    Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code.

    B.    Any violation of subsection 11.62.030A or 11.62.070A of this chapter, and any failure to comply with the recapture and recycling requirements of subsections 11.62.030B, 11.62.060A, 11.62.060C or 11.62.070C, is hereby declared to be a nuisance.

    C.    The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

    D.    The remedies and penalties provided in this section are cumulative and not exclusive. (Ord. 6031-NS § 13, 1991)