[Adopted 11-20-2007 by L.L. No. 34-2007 (Ch. 399, Art. IV, of the 1985 Code)]
As used in this article, the following terms shall have the meanings indicated:
OPERATOR A person in control of, or having daily responsibility for, the daily operation of a store, which may include, but is not limited to, the owner of the store.
PLASTIC CARRYOUT BAG A plastic carryout bag provided by a store to a customer at the point of sale and which is composed of LDPE (low-density polyethylene), LLDPE (linear low-density polyethylene), MDPE (medium-density polyethylene) or HDPE (high-density polyethylene).
REUSABLE BAG A. A bag made of cloth or other machine-washable fabric that has handles; or
B. A durable plastic bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.
STORE A retail establishment that provides plastic carryout bags to its customers as a result of the sale of a consumer good, and 10,000 square feet or more of the store's selling area floor space is used for the sale of consumer goods.
The operator of a store shall establish an at-store recycling program, pursuant to the provisions of this article, that provides an opportunity for members of the public to return to the store clean plastic carryout bags from any source.
An at-store recycling program provided by the operator of a store shall require that:
A. A plastic carryout bag collection bin be placed at or near the entrance to each store. Such bin shall be highly visible and shall indicate that the bin is intended for recycling and not for the discarding of garbage; such collection bin shall be easily accessible to the consumer; and such collection bin shall be clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags only.
B. All plastic carryout bags collected by the store be collected, transported and recycled in a manner consistent with all applicable laws or any rule or regulation promulgated pursuant to this article.
C. The operator of a store having 20,000 square feet or more of the selling area floor space used for the sale of consumer goods make reusable bags available to customers within the store, which bags may be purchased and used in lieu of using a plastic carryout bag or paper bag.
Any operator who violates any provision of this article shall be punished by a fine not to exceed $250 for a first offense; by a fine not to exceed $500 for a second offense; and by a fine not to exceed $1,000 for a third and each subsequent offense committed in any twelve-month period.
The Commissioner of the Suffolk County Department of Environment and Energy shall promulgate any rules and regulations he deems necessary and appropriate for the implementation and enforcement of any provisions of this article.
This article shall apply to all actions occurring on or after January 1, 2009.
This article shall be null and void on the day that statewide or federal legislation goes into effect incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.