[Ord. No. 2022-003, 6/21/2022]
The purpose of this Part is to encourage consumers and commercial establishments within the Township to help reduce the use and environmental impact of single-use plastics by promoting the use of reusable bags, utilizing alternatives to single-use plastic straws, training employees to ask customers first before providing a single use plastic item, and substituting other biodegradable products for polystyrene food containers.
[Ord. No. 2022-003, 6/21/2022]
For purposes of this Part, the following definitions shall apply:
COMMERCIAL ESTABLISHMENT
Any person, corporation, partnership, business venture, vendor, or retail sales establishment located within the Township that regularly sells, rents, or provides food, merchandise, goods, or materials, whether perishable or nonperishable, for direct use or consumption and not for resale, whether or not for profit, including, but not limited to: restaurants (eat-in and/or take-out food), food trucks, farmers' markets, bars, pharmacies, convenience and grocery stores, seasonal and temporary businesses or markets, service stations, delicatessens, retail stores, delivery services, or other similar nonresidential uses.
DISTRIBUTE or PROVIDE
The vending, sale, giving, deployment, or delivering for any purpose of a single-use carry-out plastic bag, a single-use plastic straw, or polystyrene food container whether or not incident to the sale, vending, or production of any merchandise or beverage.
POLYSTYRENE FOOD CONTAINER
A nonrecyclable plastic disposable food or drink container made of synthetic resin of polystyrene (one example is known as Styrofoam®) which is for single use and intended for serving or transporting ready-to-eat food or beverages. This definition includes cups, plates, trays, bowls, and hinged or lidded containers, but does not apply to cup lids.
PRODUCE BAG or PRODUCT BAG
Any bag used exclusively to carry produce, meats, fish, other food items, merchandise, or bulk items such as nuts, grains, or candy to the point of sale inside a store; to prevent such items from coming in direct contact with other purchased items; to contain prepared foods or unwrapped bakery goods; to contain or wrap flowers, potted plants, or similar items; or to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals sold at the retail level.
[Amended Ord. No. 2022-007, 10/18/2022]
RECYCLABLE PAPER BAG
A paper bag that meets all of the following criteria:
1. 
Is 100% recyclable;
2. 
Contains no old growth fiber;
3. 
Contains a minimum of 40% post-consumer recycled content; and
4. 
Displays the word "recyclable" in a highly visible manner on the outside of the bag, and is labeled with the name of the manufacturer, the location (country) where manufactured, and the percentage of post-consumer recycled content in an easy-to-read size font.
REUSABLE BAG
A bag that meets all of the following criteria:
1. 
Is designed and manufactured to withstand repeated uses over time;
2. 
Is machine washable or made from a material that can be cleaned and disinfected regularly; and
3. 
Has the capability of carrying a minimum of 18 pounds.
SINGLE-USE CARRY-OUT PLASTIC BAG
A bag that is made predominantly of plastic and is made using a blown-film extrusion process, other than a reusable bag, as defined below, provided at the check-out stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment. A single-use plastic carry-out bag shall not include any of the following:
1. 
Produce bags or product bags;
2. 
Laundry or dry-cleaner bags, including bags provided by hotels to guests to contain wet or dirty clothing;
3. 
Bags used to contain a newspaper for home delivery; or
4. 
Any bags provided for use by a commercial establishment operated by the Commonwealth of Pennsylvania, or otherwise provided by a federal, Commonwealth, or local government agency.
SINGLE-USE PLASTIC SPLASH STICK
Any device made primarily from plastic, intended to keep heat and liquid from escaping a lidded cup. The term "single-use plastic splash stick" shall not include splash sticks composed of nonplastic materials, such as bamboo, sugar cane, wood, or paper. The term "single-use plastic splash stick" shall not include splash sticks provided under any of the following circumstances:
[Added Ord. No. 2023-002, 4/18/2023]
1. 
When provided with a beverage on private property used as a residence;
2. 
When provided by a state, federal or local government agency;
3. 
When packaged with beverages prepared and packaged outside of the Township, provided such beverages are not altered, packaged or repackaged within the Township;
4. 
When provided as an assistance device to reasonably accommodate a disability.
[Ord. No. 2022-003, 6/21/2022]
1. 
Restrictions on Single-Use Carry-Out Plastic Bags.
A. 
Except as provided in this section, no commercial establishment shall provide a single-use carry-out plastic bag or reusable bag to a customer, patron, or user of the commercial establishment at the check-out, stand, cash register, point of sale, or other point of departure for the purposes of transporting food or merchandise out of the commercial establishment.
(1) 
A commercial establishment may make available for sale to a customer, patron, or user of the commercial establishment a recyclable paper bag for a mandatory, uniform charge of $0.10 per recyclable paper bag.
(2) 
Any charge for a recyclable paper bag shall be separately stated on a receipt provided to the customer, patron, or user of the commercial establishment at the time of sale and shall be identified as the "paper carry-out bag charge" thereon.
(3) 
All monies collected by a commercial establishment for the sale of recyclable paper bags under this section may be retained and used by the commercial establishment for any lawful purpose.
(4) 
All commercial establishments must post within such commercial establishment signage clearly indicating the per bag charge for recyclable paper bags.
(5) 
No commercial establishment shall rebate or otherwise reimburse a customer, patron, or user of the commercial establishment any portion of the charge required in Subsection 1A(1) above, except as provided in Subsection 1A(6), below. Any waiver of the charge by the commercial establishment or any reimbursement in any form to a customer, patron, or user of the commercial establishment for any portion of the charge for the provision of a recyclable paper bag is a violation of this section.
(6) 
A commercial establishment which collects a charge for a recyclable paper bag shall exempt a customer, patron or user of the commercial establishment from the fee when that customer, patron or user uses an electronic benefits transfer (EBT) card or is using a payment card or voucher issued by the Supplemental Nutrition Assistance Program (SNAP) or Special Supplemental Nutrition Program for Women, Infants and Children (WIC).
(7) 
A commercial establishment may make available for sale a reusable bag to a customer, patron, or user of the commercial establishment.
2. 
Signage Requirement.
A. 
For six months after the effective date of this Part, commercial establishments shall be required to post at all check-out stands, cash registers, points of sale, or other points of departure from the commercial establishment, conspicuous signage which shall:
(1) 
Inform customers, patrons, or users of the commercial establishment that single-use carry-out plastic bags will no longer be provided by the commercial establishment as of the date the prohibition begins;
(2) 
State the mandatory, uniform charge of $0.10 per bag for any recyclable paper bag that will be provided by the commercial establishment;
(3) 
Provide the date such charges for recyclable paper bags will begin to be collected;
(4) 
Explain what types of bags and uses are impacted; and
(5) 
Provide any other information the Township may require by regulation.
3. 
Permitted Bags and Carry-Outs.
A. 
Nothing in this section shall be construed to prohibit customers, patrons, or users of the commercial establishment from 1) using bags of any type that the customers, patrons, or users of the commercial establishment bring to the commercial establishment for their own use or 2) carrying away from the commercial establishment by other means any items that are not placed in a bag provided by the commercial establishment.
B. 
Nothing in this section shall be construed to prohibit the retail sale of reusable bags to customers, patrons and users of the commercial establishment.
[Ord. No. 2022-003, 6/21/2022; as amended by Ord. No. 2023-002, 4/18/2023]
Beginning 180 days after the effective date of this Part, commercial establishments are prohibited from providing single-use plastic straws, single-use plastic splash sticks or polystyrene food containers to a customer, patron, or user of the commercial establishment under any circumstance, unless subject to an exemption. The prohibition set forth in this section shall not apply to single-use plastic straws, single-use plastic splash sticks or polystyrene food containers which 1) contain multiple single-use plastic straws, single-use plastic splash sticks or polystyrene food containers, 2) are packaged by the manufacturers of such items at the time of their manufacture, and 3) are ultimately sold to consumers for home or business use.
[Ord. No. 2022-003, 6/21/2022; as amended by Ord. No. 2023-002, 4/18/2023]
1. 
The Board of Supervisors may, in its sole discretion, upon written request of a commercial establishment, exempt a commercial establishment from the requirements of this Part for a period of not more than one year from the effective date upon a finding by the Board that the requirements of this section would cause undue hardship to the commercial establishment. The Board may make a finding of undue hardship only in the following circumstances or situations, and any exemptions that may be provided by the Board pursuant hereto may, in the Board's discretion, contain conditions:
A. 
The commercial establishment has a unique circumstance or situation such that there are no reasonable alternatives to single-use carry-out plastic bags, single-use plastic straws, single-use splash sticks, or polystyrene food containers;
B. 
Compliance with the requirements of this section would deprive a commercial establishment of a legally protected right;
C. 
Additional time is necessary in order to draw down an existing inventory held by the commercial establishment of single-use carry-out plastic bags, single use plastic straws, single-use splash sticks or polystyrene food containers.
[Ord. No. 2022-003, 6/21/2022]
1. 
The Township Manager or his/her designee(s) shall have the primary responsibility for enforcement of this Part.
2. 
Failure of any commercial establishment, to comply with the provisions of this Part or any section thereof, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay fines as set forth in this section, plus costs.
3. 
If the Township Manager or his/her designee(s) determines that a violation under this section has occurred, and such violation is the first such violation of the commercial establishment noted hereunder, the Township Manager or his/her designee(s) shall issue a written warning ("written warning") to the commercial establishment which shall notify the commercial establishment that the violation has occurred. No other written warning of any kind shall be required at any time under this Part.
4. 
If the Township Manager or his/her designee(s) determines that a violation under this section has occurred, and such violation occurs after the commercial establishment has been previously warned pursuant to the preceding paragraph, then the first such violation subsequent to the written warning ("first violation") shall be punishable by a fine not to exceed $250.
5. 
Each violation of the commercial establishment subsequent to the first violation and occurring within 12 months of the first violation ("initial twelve-month period") shall be punishable by a fine not to exceed $500.
6. 
For the purposes of this section, a new twelve-month period will begin on the anniversary of the first violation ("subsequent twelve-month period"). The first violation to occur in each subsequent twelve-month period shall be punishable by a fine not to exceed $250 with each subsequent violation in such subsequent twelve-month period punishable by a fine not to exceed $500.
7. 
The Township may institute suits, in equity or at law, to restrain, prevent, or abate a violation of this section. Such proceedings may be initiated before any court of competent jurisdiction. The expense of such proceedings shall be recoverable from the violator in any manner as may now or hereafter be provided by law.