Sludge Watch ==> California County Adopts the Precautionary Principal

[Maureen Reilly]

Sludgewatch Admin:

Here are some good ideas for policies and ordinances (by-laws) that can be 
adopted by local governments.
Mendocino County in California has adopted the Precautionary Principle as 
policy.  Adoption of similar
ordinances and bylaws helps educate local politicians to the need for 
precaution in the pursuit of local
ventures.

As Carl Sagan said: Absence of evidence is not evidence of absence.

So no amount of refusing to follow up on health complaints related to sludge 
spreading is going to make sludge safe.

................................................................................................................................

And below that is the Berkley Precautionary Principle Ordinance.

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http://www.environmentalcommons.org/mendoprecaution/MendocinoPrecautionaryPolicy.pdf

MENDOCINO COUNTY
POLICY #43
PRECAUTIONARY PRINCIPLE POLICY
ADOPTED:
June 2006
ADOPTED BY: Minute Order

The Board of Supervisors finds and declares that:
A. Every resident, present and future, of Mendocino County has an equal 
right to a
healthy and safe environment. This requires that our air, water, earth, and 
food be
of a sufficiently high standard that individuals and communities can live 
healthy,
fulfilling, and dignified lives. The duty to enhance, protect and preserve
Mendocino County's environment, community health, and quality of life rests 
on
the shoulders of local government, residents, citizen groups, and businesses 
alike.
B. Mendocino County and its communities have a history of making choices 
based
on the least environmentally harmful alternatives, thereby challenging 
traditional
assumptions about risk management. Numerous protective county ordinances and
policies include: 1) Barring the aerial application of phenoxy-based 
herbicides; 2)
Protecting water quality by requiring an environmental impact statement when 
an
industrial development is proposed for siting where quality impacts are 
likely; 3)
Reserving adequate stream flows for protection of fish, wildlife habitat, 
and other
instream use; 4) Maintaining an outstanding and award winning rural 
household
hazardous waste program; 5) Restricting the cultivation of genetically 
modified
crops and livestock; and 6) Reducing pesticide applications on school 
properties.
C. Historically, environmentally harmful activities have only been stopped 
after they
have manifested extreme environmental degradation or major harm to people. 
The
delay between first knowledge of harm and appropriate action to deal with it 
can
be measured in human lives cut short and irreversible environmental damage.
D. The Precautionary Principle and its tenets provide overarching guidance 
for the
County and its individual departments to maintain and develop policies and
regulations for a healthier Mendocino County. The Precautionary Principle 
will
not only strengthen the foundation of existing laws, policies and procedures 
but
also assist in the development of a healthy environment for current and 
future
generations.
E. A central element of the precautionary approach is the careful assessment 
of
available alternatives using the best available science. An alternatives 
assessment
examines a broad range of options in order to present the public with 
different
effects of different options considering short-term versus long-term 
benefits and
costs, and evaluating and comparing the effects of each option. This reveals
options with fewer potential effects and/or greater potential benefits to 
health and
the natural environment. This process allows fundamental questions to be 
asked:
"Is the potentially harmful activity necessary?" "What less harmful options 
are
available?" and "How little damage is possible?"
MENDOCINO COUNTY
POLICY #43
PRECAUTIONARY PRINCIPLE POLICY
ADOPTED:
June 2006
ADOPTED BY: Minute Order
F. The alternatives assessment is also a public process because the public 
bears the
ecological and health benefits and consequences of environmental decisions. 
A
government's course of action is necessarily enriched by broadly based 
public
participation when a full range of alternatives is considered based on input 
from
diverse individuals and groups. The public should be able to suggest 
alternatives
to be examined. For each alternative, the public should consider both 
immediate
and long-term benefits and consequences, as well as possible impacts to the 
local
economy. One of the goals of the Precautionary Principle is to include 
residents as
equal partners in decisions affecting their health and environment.
G. Mendocino County looks forward to the time when the County generates more
power from local renewable resources, when building and planning 
incorporates
greater use of green building techniques, when more of our waste is 
recycled,
when our rivers and streams adequately sustain our fisheries, when 
groundwater is
free from contaminants, and when our foods are cultivated using less 
intensive
methods. The Precautionary Principle provides guidance to help us attain 
these
goals as we enact laws and develop policies in such areas as transportation,
construction, land use, water, energy, health, recreation, community 
relations,
purchasing, agriculture, and education.
H. Realizing these goals and achieving a society living respectfully within 
the
bounds of nature will take a behavioral as well as technological revolution. 
A
precautionary approach to decision-making will move Mendocino County beyond
finding cures for environmental ills to preventing the ills before they can 
do harm.
The Mendocino County Precautionary Principle
The following shall constitute the Mendocino County Precautionary Principle 
Policy. All
officers, boards, commissions, and departments of the County shall apply the
Precautionary Principle in conducting County affairs. In adopting the 
Precautionary
Principle policy, Mendocino County preserves the authority to protect the 
safety and
welfare of its residents.
The Precautionary Principle requires a thorough exploration and a careful 
analysis of a
wide range of alternatives. Based on the best available science, the 
Precautionary
Principle requires the selection of the alternative that presents the least 
potential threat to
human health and the County's natural systems. Public participation and an 
open and
transparent decision making process are critical to finding and selecting 
alternatives.
Where threats of serious or irreversible damage to people or nature exist, 
lack of full
scientific certainty about cause and effect shall not be viewed as 
sufficient reason for the
County to postpone cost effective measures to prevent the degradation of the 
environment
or protect the health of its residents. Any gaps in scientific data 
uncovered by the
examination of alternatives will provide a guidepost for future research, 
but will not


 http://www.ci.berkeley.ca.us/citycouncil/2006citycouncil/packet/032106/2006-03-21%20Item%2002%20Precautionary%20Principle%20Ordinance.pdf.Page 1ORDINANCE NO. -N.S.ADDING BERKELEY MUNICIPAL CODE CHAPTER 12.29,PRECAUTIONARY PRINCIPLEBE IT ORDAINED by the Council of the City of Berkeleyas follows:Section 1. That Chapter 12.29 is added to the Berkeley MunicipalCode to read as follows:Chapter 12.29PrecautionaryPrincipleSections:12.29.010 Purpose.12.29.020 Definitions.12.29.030Application of Precautionary Principle by City in existingpolicies.12.29.040 Application of Precautionary Principle by City in futurepolicies.12.29.050 Annual report on implementing actions.12.29.060Precautionary Principle limited to promotion of general welfare.12.29.070Severability.12.29.010 Purpose.The purpose of this chapter is to promote thehealth, safety, and general welfare of the community by minimizing healthrisks, improving air quality, protecting the quality of ground and surfacewater, minimizing 
 consumption of resources, and minimizing the City'scontribution to global climate change by implementing in a phased manner, asprovided in this chapter, the City's use of a precautionary principleapproach in its decisions. 12.29.020 Definitions.Whenever any of the wordshereinafter defined are used in this chapter, they shall be construed tomean the following:A. "City" shall mean, for the purposes of this chapter,the City of Berkeley.B. "City of Berkeley Precautionary Principle policy:"Where threats of serious or irreversible damage to people or nature exist,lack of full scientific certainty about cause and effect shall not be viewedas sufficient reason for the City to postpone measures to prevent thedegradation of the environment or protect human health. Any gaps inscientific data uncovered by the examination of alternatives will provideguideposts for future research, but will not prevent protective action beingtaken by the City. As new scientific data become available, the 
 City willreview its decisions and make adjustments when warranted.C. "PrecautionaryPrinciple approach" shall mean a course of action and decision-making by theCity guided by the following tenets:1. Anticipatory Action: Anticipatoryaction may prevent harm. Government, business, community groups, and thepublic share this responsibility. 2. Right to Know: The community has aright to know complete and accurate information on potential health andenvironmental impacts associated with the selection of products, services,operations or plans.3. Alternatives Assessment: Examine a full range ofalternatives and select the alternative with the least potential impact onhealth and the environment including the alternative of doing nothing.Page 24. Consideration of Significant Costs: Consider significant short-term andlong-term costs in comparing product alternatives, when feasible. Thisincludes evaluation of significant costs expected during the lifetime of aproduct, (e.g. raw materials, m
 anufacturing and production, transportation,use, clean-up, acquisition, extended warranties, operation, supplies,maintenance, disposal costs, long and short-term environmental and healthimpacts); and that expected lifetime compared to other alternatives. 5.Participatory Decision Process: Decisions applying the PrecautionaryPrinciple should be transparent, participatory by including community input,and informed by the best available information.12.29.030 Application ofPrecautionary Principle by City in existing policies.The City shall continueto abide by the following policies, which were previously adopted by theCity Council and implemented by the City embodying the PrecautionaryPrinciple:A. Environmentally Preferable Purchasing Policy. (Resolution No.62,693-N.S., 2004)Regarding the purchase of, and providing specificationsfor, products or services that reducewaste and toxics, prevent pollution,contain recycled content, save energy and water, followgreen buildingpractices, e
 mploy sustainable landscape management techniques,conserveforests, and encourage agricultural bio-based products to beimplemented in a phased manner, as provided for in Section 12.29.040,beginning with janitorial products used by the City. B. Non-Polystyrene FoamFood Packaging. (Resolution No. 62,693-N.S., 2004 and BMC Section 11.60.090)Policy regarding City purchase ofpolystyrene foam food packaging.C.Pentachlorophenol, Arsenic and Creosote Treated Wood. (Resolution No.62,693-N.S., 2004 and Resolution No. 61,724-N.S., 2002) Policy regarding thepurchase of allpentachlorophenol, arsenic, and creosote treated wood by theCity. D. Redwood Products. (Resolution No. 62,693-N.S., 2004 and ResolutionNo. 58,704-N.S., 1996). Policy regarding the purchase of virgin redwoodproducts and previously used or certified sustainably harvested redwood forCity projects.E. Tropical Hardwood. (Resolution No. 62,693-N.S., 2004 andResolution No. 58,291-N.S., 1995) Policy regarding the purchase or us
 e bythe City of tropical hardwoods andproducts. F. Eliminate AnthropogenicSources of Dioxin Pollution.(Resolution No. 62,693-N.S., 2004 and ResolutionNo. 60,196-N.S., 1999) Policy regarding the City's purchasing practice toincrease dependence on alternatives such as chlorine-free paper and PVC-freeplastics, amongother actions.G. Green Building. (Resolution No. 62,693-N.S.,2004 and Resolution No. 62,284-N.S., 2003). Policy regarding the use of theUS Green Building Council's Leadership in Energy andEnvironmental Design(LEED) Green Building Rating System Standards for City owned andoperatedprojects. H. Integrated Pest Management Policy. (Resolution No. 62,693-N.S.,2004 and Resolution No. 54,319-N.S., 1988). Policy regarding the use ofIntegrated Pest Management principles for pest control and pesticide use bythe City.I. Purchasing Recycled and Recyclable Paper. (Resolution No.62,693-N.S., 2004 andResolution No. 55,327- N.S., 1990) Policy regarding theCity's purchasing preference
  forrecycled content paper.J. CityAdministrative Policy Regarding Mercury. Policy regarding City's purchaseoffluorescent lamps with low mercury content for fluorescent fixtures.Page 312.29.040 Application of Precautionary Principle by City in futurepolicies.The City shall continue to implement the Precautionary Principle inadditional areas as theCity Manager determines are feasible.12.29.050 Annualreport on implementing actions.The City Manager shall submit an annualreport to the City Council describing: (a) the status of implementation ofactions required by the policies listed in Section 12.29.030; and (b)thestatus of activities undertaken to implement the Precautionary Principlepursuant to Section12.29.040. Sufficient information shall be provided toenable an assessment of progress and to identify proposed actions that weredeemed infeasible by the City Manager pursuant to12.29.040 above.12.29.060Precautionary Principle limited to promotion of general welfare.Inundertaking 
 the enforcement of this chapter, the City is assuming anundertaking only topromote the general welfare of the community. It is notassuming, nor is it imposing on itsofficers and employees, an obligation forbreach of which it is liable in monetary damages to anyperson who claimsthat such breach proximately caused injury, nor may this chapter provideanybasis for any other judicial relief including, but not limited to, a writof mandamus or aninjunction.12.29.070 Severability.If any section,subsection, sentence, clause, or phrase of this chapter is for anyreasondeclared unconstitutional, invalid, or ineffective by any court ofcompetent jurisdiction, suchdecision shall not affect the validity or theeffectiveness of the remaining portions of this chapter or any part thereof.The City Council hereby declares that it would have adopted this chapternotwithstanding the unconstitutionality, invalidity, or ineffectiveness ofany one or more of itssections, subsections, sentences, clauses,
  orphrases.Section 2. Copies of this Ordinance shall be posted for two daysprior to adoption in the display case located near the walkway in front ofOld City Hall, 2134 Martin Luther King Jr. Way. Within 15 days of adoption,copies of this Ordinance shall be filed at each branch of the BerkeleyPublic Library and the title shall be published in a newspaper of generalcirculation.