As used in this chapter, the following terms shall have the
meanings indicated:
COMPLIANT BAGS
Recyclable paper carry-out bags and reusable bags as follows:
A.
A recyclable paper carry-out bag is a paper bag that meets all
of the following minimum requirements:
(1)
It is one-hundred-percent recyclable overall and contains a
minimum of 40% post-consumer recycled material and can be composted.
(2)
It displays the words "recyclable" and/or "reusable" in a visible
manner on the outside of the bag.
B.
A reusable bag means a bag with handles made of cloth or other
washable fabric or is otherwise durable that is specifically designed
and manufactured for multiple use and meets the following additional
requirements:
(1)
It is machine washable or is made from a material that can be
cleaned or disinfected; or
(2)
It is a durable bag that is specifically designed and manufactured
for multiple use.
CUSTOMER
Any person purchasing goods or services from a retail establishment.
OPERATOR
Any person in control of, or having the responsibility for,
the operation of a retail establishment, which may include, but is
not limited to, the owner of the retail establishment.
POST-CONSUMER RECYCLED MATERIAL
A bag constructed of a material that would otherwise be destined
for solid waste disposal, having completed its intended end use and
product life cycle. "Post-consumer recycled material" does not include
materials and by-products generated from, and commonly reused within,
an original manufacturing and fabrication process.
PRODUCE BAG or PRODUCT BAG
A very thin bag without handles used exclusively to carry
produce, meats, or other food items to the point of sale inside a
retail establishment or, for reasons of public health and safety,
to prevent such food items from coming into direct contact with other
purchased items.
RECYCLABLE
Material that can be sorted, cleansed and reconstituted using
available recycling collection programs for the purpose of reusing
the altered, incinerated, converted or otherwise thermally destroyed
solid waste generated therefrom. The material must be recycled in
a manner that is environmentally effective, economically feasible
and safe for employees as deemed feasible by the Township of Parsippany-Troy
Hills.
RETAIL ESTABLISHMENT
Any store or commercial establishment that sells perishable
or nonperishable goods, including, but not limited to, clothing, food
and personal items, directly to the customer and is located within
or doing business within the geographical limits of the Township of
Parsippany-Troy Hills. Retail establishments include: business establishments
that generate sales or use-tax; drug stores; pharmacies; supermarkets;
grocery stores; convenience food stores; food marts; or other commercial
establishments (i.e., restaurants and take-out food establishments
or any other business that prepares and sells prepared food to be
eaten on or off its premises). This definition also includes commercial
establishments that sell clothing, hardware, or any other nonperishable
goods. It does not include nonprofit charitable reusers as defined
in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct
operating unit or a division of the charitable organization that reuses
and recycles donated goods or materials and receives more than 50%
of its revenue from the handling and sale of those donated goods and
materials.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or other plant
sources, that is provided by an operator of a retail establishment
to a customer at the point of sale. The term includes compostable
and biodegradable bags but does not include reusable bags, produce
bags, or product bags. This definition specifically exempts the following
from the category of "single use plastic carry-out bags":
A.
Bags provided by operators and used by consumers inside retail
establishments to:
(1)
Package bulk items, such as fruit, vegetables, nuts, grains,
candies or small hardware items;
(2)
Contain or wrap frozen foods, meat or fish, whether packaged
or not;
(3)
Contain or wrap flowers, potted plants, or other items where
dampness may be an issue; or
(4)
Contain unwrapped prepared foods or bakery goods; or
(5)
Pharmacy prescription bags.
B.
Newspaper bags, door-hanger bags, laundry and/or dry cleaning
bags, or bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags, yard waste bags or pet waste
bags.
No retail establishment within the Township of Parsippany-Troy Hills shall provide any single-use plastic carryout bags, as defined in §
294-1, above, to any customer at the checkout point or cash register, point of sale or other point of departure or point of distribution for the purpose of transporting products or goods out of the business or store.
All retail establishments must provide customers with compliant bags, upon request, if a customer fails to bring his or her own bags, in accordance with the fee structure set forth in §
294-4, above. A retail establishment may choose, in its discretion, to provide a credit to customers who choose to bring their own bags.
All retail establishments must provide at the point of sale,
free of charge, compliant bags, to any customer who participates in,
or is a beneficiary of, any United States government (federal) welfare
program, or any local or Morris County welfare assistance program,
or any New Jersey State welfare program, including but not limited
to the New Jersey Supplemental Nutrition Assistance Program (SNAP)
or the New Jersey State Supplemental Security Income Program (SSI).
Such customers must provide documentation proving that they participate
in or are beneficiaries of such programs.
The Director of Public Works or his or her designee, which may
include the Office of Health in the Department of Human Services,
has the responsibility of enforcement of this chapter and may promulgate
reasonable rules and regulations in order to enforce its provisions,
including but not limited to investigating violations and issuing
fines.
No later than one year after the effective date of this chapter,
and annually thereafter, the Director of Health and Human Services
shall report to the Township Council regarding the progress of the
reduction of the use of carry-out bags, which may include the following:
A. The amount of carry-out bags in the residential waste and recycling
streams;
B. The amount of carry-out bags identified as litter on the streets,
sidewalks and in parks within the Township of Parsippany-Troy Hills;
C. The amount of carry-out bags found in Township storm drains;
D. The number of warning notices or notices of violation issued pursuant
to this chapter; and
E. Any estimated cost savings for the Township attributable to carry-out
bag reduction; this may include but is not limited to reduced contamination
of the residential recycling stream and reduction in flooding or combined
sewer overflows.