Foam Take-Out Container Ordinance

On November 6, 2013, the City Council adopted Ordinance No. 2090 prohibiting the use and distribution of polystyrene foam containers by all Morgan Hill businesses. This ordinance takes effect on April 22, 2014. Read the Complete Text of Ordinance 2090 (PDF).

Why Ban Foam Containers
Also known as EPS (Expanded Polystyrene) or Styrofoam, these containers are problematic to manage at the end of their useful life and are a major pollutant in our creeks and waterways that flow to the bay and beyond. According to the California Department of Transportation, foam comprises 15% of storm drain litter. A beach debris study conducted in Orange County found EPS to be the second most common type of beach litter. Unlike other items that litter the waterways, EPS easily breaks into tiny pieces that can be mistaken for food and ingested by aquatic animals.

While the City of Morgan Hill used to include EPS in its curbside recycling program, the absence of economically-reasonable opportunities to recycle the material resulted in the collected foam being sent to the landfill. As a result, EPS was dropped from the city’s curbside recycling program.

If you have any questions about the ordinance, please send us an email or give us a call at 408-776-7333.