[HISTORY: Adopted by the Albany County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-27-2008 by L.L. No. 2-2008]
This article shall be referred to as the "Albany County Plastic
Bag Recycling Local Law."
Wherever used in this article, the following terms shall be
defined as follows unless the context or subject matter otherwise
requires:
A person, corporation, firm, partnership or entity in control
of, or having daily responsibility for, the daily operation of a store,
which may include, but is not limited to, the owner or manager of
the store.
A plastic carryout bag provided by a store to a customer
at the point of sale and which is composed of low-density polyethylene
("LDPE"), linear low-density polyethylene ("LLDPE"), medium-density
polyethylene ("MDPE") or high-density polyethylene ("HDPE").
A retail establishment that:
The operator of a store shall establish an in-store recycling
program as follows:
A.
A plastic carryout collection bin ("bin") shall be placed at or near
the entrance(s) to each store and must be easily accessible to consumers.
The color of such bin must be highly visible, and the bin must clearly
indicate that it is intended for the recycling of plastic carryout
bags only and not for the discarding of garbage. The Albany County
Department of Consumer Affairs[1] has the authority to establish rules and regulations regarding
the specific requirements of the bin as may be necessary.
[1]
Editor's Note: The Department of Consumer Affairs was repealed
12-21-2009 by L.L. No. 1-2010.
B.
All plastic carryout bags collected by the store are to 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 shall cooperate with the Albany County Department
of Consumer Affairs.[2] Upon written request, the operator shall furnish the Albany
County Department of Consumer Affairs with information to verify that
plastic carryout bags are being properly recycled in accordance with
all applicable laws.
[2]
Editor's Note: The Department of Consumer Affairs was repealed
12-21-2009 by L.L. No. 1-2010.
The Albany County Department of Consumer Affairs[1] shall issue a written warning of noncompliance to any
operator who violates any provision of this article. In the event
that said operator fails to correct the violation, said operator shall
be punished by a fine not to exceed $500 for a first offense; by a
fine not to exceed $750 for a second offense; and by a fine not to
exceed $1,000 for a third and each subsequent offense.
[1]
Editor's Note: The Department of Consumer Affairs was repealed
12-21-2009 by L.L. No. 1-2010.
The Albany County Department of Consumer Affairs[1]7 shall undertake a public awareness campaign, which shall
include the development of educational materials regarding the benefits
of recycling plastic carryout bags, the proper recycling methods and
the various recycling locations for plastic carryout bags throughout
Albany County.
[1]
Editor's Note: The Department of Consumer Affairs was repealed
12-21-2009 by L.L. No. 1-2010.
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 Albany. The Albany County Legislature may determine
via resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
This article shall take effect six months after the date of
enactment.
