[Ord. No. 2404-13]
The Township of Millburn hereby establishes procedures, methods
and practices that benefit our natural lands and environment, health
of our workers and citizens and minimizes negative environmental impacts.
Using practices that reduce waste by increasing product and method
efficiency, and minimize environmental impacts, toxics, pollution
and hazards to the community, as well as reduce waste, as sustainable,
conserve energy and water, reduce greenhouse gas emissions, use unbleached
or chlorine free manufacturing processes, reduce use of chemicals
and are lead-free and mercury-free, when and where practicable.
[Ord. No. 2404-13]
The goal of this policy is to encourage and increase the use
of environmentally preferable methods, products, and services in the
Township of Millburn. By including environmental considerations in
municipal building and grounds decisions, Millburn can promote practices
that are beneficial to our land, beneficial to public and worker health
and conserve natural resources. The policy objectives are to:
a. Conserve natural resources;
b. Minimize environmental impacts such as pollution and use of water
and energy;
c. Eliminate or reduce toxics that create hazards to workers and our
community;
d. Support strong recycling markets;
e. Reduce materials that are routinely landfilled;
f. Increase the use and availability of environmentally preferable products
that protect the environment;
g. Identify environmentally preferable techniques, methods, and distribution
systems;
h. Create a model for sustainable buildings and grounds maintenance
that encourages others in our community to adopt similar goals.
[Added 12-3-2019 by Ord.
No. 2547-19]
The following definitions apply to this section:
COMPLIANT BAG
Recyclable paper carryout bags and reusable bags.
b.
REUSABLE BAGA bag with handles that is designed and manufactured to withstand repeated uses over a period of time andis machine washable or made from a material that can be cleaned and disinfected regularly.
CUSTOMER
Any person purchasing goods or services from a retail establishment.
FOOD SERVICE BUSINESS
A business that sells or provides food for consumption on
or off the premises, and includes, but is not limited to, any restaurant,
cafe, delicatessen, coffee shop, supermarket or grocery store, vending
truck or cart, food truck, movie theater, or business or institutional
cafeteria, including those operated by or on behalf of any governmental
entity.
OPERATOR
The 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.
PERSON
Any natural person, firm, corporation, partnership, or other
organization or group, however organized.
PLASTIC
A synthetic material made from linking monomers through a
chemical reaction to create an organic polymer chain that can be molded
or extruded at high heat into various solid forms retaining their
defined shapes during the life cycle and after disposal.
POLYSTYRENE CONTAINER
A container comprising a synthetic thermoplastic material
obtained by polymerizing styrene; formed into a white rigid foam (expanded
polystyrene) for insulating and packaging, including cups, clamshells
and any other take-out containers from restaurants and prepared food
providers.
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
through available recycling collection programs for the purpose of
reusing the altered, incinerated, converted, or otherwise thermally
destroyed solid waste generated therefrom.
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
Millburn. Retail establishments include, for example: a business establishment
that generates a sales or use tax; a drugstore, a pharmacy, a supermarket,
grocery store, convenience food store, food mart, or other commercial
entity engaged in the retail sale of a limited line of goods that
includes milk, bread, soda, snack foods and alcoholic beverages; a
public eating establishment (i.e., a restaurant, take-out food establishment,
or any other business that prepares and sells food to be eaten on
or off its premises); and a business establishment that sells clothing,
hardware, electronics, books, jewelry, furniture, cosmetics or any
other nonperishable goods. "Retail establishment" does not include
nonprofit charitable resellers, as defined in Section 501(c)(3) of
the Internal Revenue Code of 1986, or a distinct operating unit or
division of the charitable organization that reuses and recycles donated
goods or materials and receives more than 50% of its revenues from
the handling and sale of those donated goods or materials.
SINGLE-USE PLASTIC CARRYOUT BAG OR POLYSTYRENE CONTAINER
Any bag or container produced or manufactured from material
commonly known as "plastic" or "polystyrene" that is provided by the
operator of a retail establishment at the point of sale or other point
of departure from the premises for transporting goods or products
out of the establishment for off-site delivery. The term includes
compostable and biodegradable bags but does not include reusable bags
or product bags. This definition specifically exempts the following:
a.
Bags made available by operators to consumers inside retail
establishments:
1.
To package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
2.
To contain or wrap frozen and nonfrozen foods, meat, or fish,
whether packaged or not;
3.
To contain or wrap flowers, potted plants, or other items where
dampness may be an issue;
4.
To contain unwrapped prepared foods or bakery goods;
5.
As pharmacy prescription bags;
6.
To contain articles of clothing in garment bags.
b.
Newspaper bags, door-hanger bags, laundry and/or dry-cleaning
bags, or bags sold in packages containing multiple bags intended as
food storage bags, garbage bags, yard waste bags, or pet waste bags.
No retail establishment may provide to any customer a single-use
plastic carryout bag or a polystyrene container provided for the purpose
of carrying goods away from the point of sale. This does not apply
to product bags. The prohibition also applies to single-use plastic
carryout bags and polystyrene containers for take-out and deliveries
from retail establishments. The point of sale in such transactions
is deemed to be at the retail establishment, regardless of where payment
for the transaction and delivery of the goods physically occurs; provided,
however, that the charge established pursuant to § 18.2.4
shall not be made to off-site recipients of deliveries from retail
establishments for products delivered in compliant bags and containers.
Nothing in this section is intended to create any requirement,
power or duty that is in conflict with any federal or state law.