[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.