§ 235-14Intent; determination; purpose.
§ 235-16Implementation of provisions.
§ 235-19Penalties for offenses.
The City Council of the City of Glen Cove finds that:
Discarded packaging constitutes the largest single category of waste within the City of Glen Cove's waste stream and is, therefore, a necessary focus of any effort to assure pure air within the City of Glen Cove, as well as to reduce the economic and environmental costs of waste management for the citizens of this City.
Discarded nonbiodegradable packaging and plastic contained within the waste stream of the City of Glen Cove is a fundamental cause of problems associated with municipal waste disposal.
State law currently in effect precludes the establishment of new landfills on Long Island within deep-flow recharge areas after 1990 and mandates closure of existing ones in these groundwater-sensitive areas by that date, that solid waste receiving areas outside of Long Island are becoming increasingly uncertain and expensive; and that, for both economic and environmental reasons, measures to simplify the chemical complexity of solid waste and, thereby, streamline solid waste management must be vigorously pursued.
The chemical composition and ability of a substance to biodegrade are meaningful and useful criteria to focus upon when establishing public policy that is intended to improve the management and disposal of solid waste, reduce the cumulative impact of litter, encourage composting and other forms of recycling, minimize the potential for toxic substances to form if solid waste is burned, reduce the volume of ash by-products that may be created by any burning of waste plastic packaging, and otherwise anticipate environmental problems that may be caused by municipal solid waste disposal programs.
The use of plastics and other nonbiodegradable packaging has become widespread throughout the City of Glen Cove and that the resulting mixed substance waste stream is a serious impediment to many solid waste management programs that are being considered for this City.
The widespread use of plastics, especially polystyrene and polyvinyl chloride, poses a threat to the environment in the City of Glen Cove upon incineration, by the possible introduction of toxic by-products into the atmosphere and general environment of the City of Glen Cove.
The economic and environmental problems associated with the City of Glen Cove's mixed substance waste stream are so severe that a program to incrementally simplify the chemical composition of solid waste, thereby reducing environmental hazards and toxicity associated with solid waste incineration and encouraging the composting of putrescible biodegradable wastes and encouraging other forms of recycling of solid waste substances, is hereby determined to be a policy goal of the City of Glen Cove.
The use of polystyrene and polyvinyl chloride for food packaging is problematical because neither of these plastic species are readily recyclable; that their abundant commercial use in lieu of other plastic species such as polyethylene or polypropylene unnecessarily complicates the overall chemical composition of municipal waste and subtracts from the possible emergency of a viable plastic recycling market for this region; and that, if burned together, polystyrene and polyvinyl chloride leave a relatively heavier and, therefore, more expensive ash residue to dispose of which may also create dioxin, hydrochloric acid or other toxic chemicals that could be emitted into the general environment of the City of Glen Cove.
There are readily available plastic and/or paper product substitutes for most of the polystyrene and polyvinyl chloride retail food packaging now being used in the City of Glen Cove, the use of which alternatives would be environmentally and economically advantageous to the people of the City of Glen Cove.
Plastic bags in the waste stream constitute an impediment to the development of efficient waste separation, recycling or other waste management programs and are less desirable than other bags because plastic bags are neither recyclable nor compostable.
Plastic bags used by retail establishments selling food constitutes the largest single retail source of plastic bags in the waste stream.
This Council determines that certain retail establishments within the City of Glen Cove are points of origin for a substantial volume of packaging waste and, therefore, are particularly susceptible to actions which have significant potential for simplifying the chemical composition of this portion of Glen Cove's solid waste stream, thereby improving solid waste management within this City.
The purpose of this section is to incrementally, to the maximum extent practicable, eliminate the use of nonbiodegradable packaging originating at retail establishments within the City of Glen Cove, in order to protect the air, land and waters of the City of Glen Cove against environmental contamination and degradation.
No retail food establishment located and doing business within the City of Glen Cove shall sell or convey food directly to ultimate consumers within the City of Glen Cove unless such food is placed, wrapped or packed in biodegradable packaging at the conclusion of a sales transaction for the purchase of such food, which takes place on the premises of such a retail food establishment at or near a sales counter or equivalent customer purchasing station, but prior to removal of such food from the premises of such retail food establishment.
No retail food establishment located and doing business within the City of Glen Cove shall sell, give or provide eating utensils or food containers to any consumers within the City of Glen Cove if such eating utensil or food container is composed of polystyrene or polyvinyl chloride.
The Director of Public Works shall issue and promulgate such rules and regulations as may be necessary to implement and carry out the provisions of this section of the article.
Prohibitions of this article shall not apply to the following items:
Any flexible, transparent covering for uncooked or raw meat, poultry, raw fish, hard cheese, cold cuts, fruit and vegetable produce, baked goods and bread.
Any food packaging used at hospitals or nursing homes.
Any paper or other cellulose-based packaging that is coated with polyethylene plastic on only one side.
Any plastic covers, covering material, food containers, lids, eating utensils or straws that are not made of polystyrene or polyvinyl chloride.
This article shall be enforced by the City of Glen Cove.
Any person or corporation or officer thereof who shall violate any of the provisions of this article, or who fails to comply therewith or who shall fail to comply with any written notice of violation or order issued by the Building Department Administrator, shall be guilty of a violation within the meaning of the New York Penal Law and, upon conviction, shall be liable to a fine of not less than $1,000 nor more than $2,000 or to imprisonment for a period not to exceed 15 days, or both; and, upon a second conviction for the same offense committed within five years of the date of the first offense, shall be liable to a fine of not less than $2,000 nor more than $3,500 or to imprisonment for a period not to exceed 15 days, or both; and, upon a third conviction for the same offense committed within five years of the date of the second offense, shall be liable to a fine of not less than $3,500 nor more than $5,000 or to imprisonment for a period not to exceed 15 days, or both. Each week that any such violation continues shall constitute a separate and distinct violation. The owner or owners of any building or premises or part thereof where a violation of any of the provisions of this article shall exist or any lessee, tenant, builder, contractor, subcontractor, agent, person or corporation employed in connection therewith and any person who assisted in the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof, shall be punishable as herein provided.