Styrofoam Ban Surfaces in NYC Council. Again

A New York City Council committee will review a bill Friday that would make Styrofoam take-out containers part of the city's curbside recycling program. 

"Clamshell containers and cups are a staple in ethnic restaurants in my community," said the bill's sponsor, Bronx area Councilman Fernando Cabrera. "We hear from minority business owners all the time about increasing costs for them to do business here."

The issue may seem like deja-vu; the city banned polystyrene take out containers in 2013. The law officially took effect in July 2015, after the city's Department of Sanitation issued a report determining that the containers cannot be effectively recycled.

But the ban was short-lived. A coalition made up of the Restaurant Action Alliance, an industry trade group, recycling firms and Dart Container Corporation, one of the largest manufacturers of polystyrene containers, sued the city arguing that the material is recyclable.

New York Supreme Court judge Margaret Chan agreed with the company and overturned the ban, before the city even had a chance to start handing out fines. She wrote that the industry had offered up a feasible recycling plan for the containers, and sent the city back to the drawing board.

The city has yet to issue a new report on whether Styrofoam can be recycled, but it is expected soon.

Meanwhile environmental groups aren't waiting. They did their own research and concluded the material is not able to be economically recycled. Instead, environmentalists argue the Dart Corp. is merely pretending to promote recycling, but is really trying to protect their market share and lining the pockets of New York City politicians in an effort to get buy in for their sham product reuse.

"There just is no effective market for this petroleum based product," said Eric Goldstein, with the NRDC, the Natural Resources Defense Council.

According to New York City Campaign Finance Board data, Cabrera and more than a dozen other New York City politicians received $39,095 in campaign contributions from Ariane Dart, the wife of Dart's CEO, in 2013, the same year the polystyrene ban was first debated in Council.

Dart Container officials are traveling from California for Friday's committee meeting. They expect de Blasio administration officials will support Cabrera's bill.

"We have showed them [the NYC Sanitation Department] firsthand the recycling process and how it works," said Michael Westerfield, Dart’s Director of Recycling. "We actually showed them samples of material from New York City's waste stream that we've processed right in front of them. So they've seen it with their own eyes."

But the Mayor's Office would only say it's still reviewing the bill.

Both sides plan competing rallies in front of City Hall ahead of the one o'clock meeting.