[HISTORY: Adopted by the Borough Council of the Borough of
West Chester 7-17-2019 by Ord. No. 09-2019. Amendments noted where applicable.]
A.
The purpose of this chapter is to reduce the use of single-use plastic
carry-out bags and single-use plastic straws by commercial establishments
within the Borough of West Chester, curb litter on the streets, in
the parks, and in the trees, protect the local streams, rivers, waterways
and other aquatic environments, reduce greenhouse gas emissions, reduce
solid waste generation, promote the use of reusable, compostable,
and recyclable materials within the Borough of West Chester, and to
preserve the natural, scenic, historic, and esthetic values of the
Borough of West Chester.
B.
Findings.
(1)
The use of single-use plastic carry-out bags and single-use plastic
straws have severe environmental impacts, including greenhouse gas
emissions, litter, harm to wildlife, water consumption and solid waste
generation.
(2)
There are numerous commercial establishments within the Borough of
West Chester which provide single-use plastic carry-out bags and single-use
plastic straws to their customers.
(3)
Most of single-use plastic carry-out bags and single-use plastic
straws are made from plastic or other material that does not readily
decompose.
(4)
Approximately one hundred billion single-use plastic carry-out bags
are discarded by United States consumers each year. In the Borough
of West Chester such bags are not readily recyclable.
(5)
Hundreds of millions of single-use plastic straws are discarded by
United States consumers every day. In the Borough of West Chester,
such straws are not readily recyclable.
(6)
Numerous studies have documented the prevalence of single-use plastic
carry-out bags and/or single-use plastic straws littering the environment,
blocking storm drains, entering local waterways, and becoming stuck
in or upon natural resources and public property.
(7)
The taxpayers of the Borough of West Chester pay the costs related
to the cleanup of single-use plastic carry-out bags and single-use
plastic straws from the roadways, trees, sewers, waters, and parks
within the Borough.
(8)
From an overall environmental and economic perspective, the best
alternative to single-use plastic carry-out bags is a shift to reusable,
compostable or recyclable paper bags, and the best alternative to
single-use plastic straws are reusable straws or straws made from
other natural products, if a straw is required.
(9)
There are several alternatives to single-use plastic carry-out bags
and single-use plastic straws readily available in and around the
Borough of West Chester.
(10)
As required by the Environmental Rights Amendment to the Pennsylvania
Constitution, the Borough seeks to preserve the natural, scenic, historic,
and esthetic values of the Borough.
(11)
It is the Borough Council's desire to conserve resources, reduce
the amount of greenhouse gas emissions, waste, litter, water pollution,
and to protect the public health and welfare, including wildlife,
all of which increases the quality of life for the Borough's residents
and visitors.
For the purposes of this chapter, the following definitions
shall apply unless the context clearly requires otherwise:
The Borough of West Chester.
Any store or retail 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 Borough of
West Chester. Commercial establishments include: a business establishment
that generates a sales or use tax; a drugstore, pharmacy, supermarket,
grocery store, farmers market, convenience food store, food mart,
or other commercial entity engaged in the retail sale of a limited
line of goods that include milk, bread, soda and snack foods; a public
eating establishment (i.e., a restaurant, take-out food establishment,
or any other business that prepares and sells prepared food to be
eaten on or off its premises); and a business establishment that sells
clothing, hardware, or any other nonperishable goods.
Certain paper carry-out bags and reusable bags.
A paper bag that meets all the following minimum requirements:
It is considered a recyclable material based on the Borough
Code, as the same may be amended from time to time, contains a minimum
of 40% postconsumer recycled material and displays the words recyclable
and/or reusable in a highly visible manner on the outside of the bag;
or
It can be composted.
A reusable bag is a bag made of cloth, fabric or other material
that is specifically designed and manufactured for multiple reuse.
If the bag is made of plastic, it must be a minimum of 4.0 mils thick.
Any person purchasing goods or services from a commercial
establishment.
The person in control of, or having responsibility for, the
operation of a commercial establishment, which may include, but is
not limited to, the owner of the commercial establishment.
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.
A very thin bag without handles used exclusively to carry
meats or other uncooked food items to the point of sale inside a commercial
establishment or, for reasons of public health and safety, to prevent
such food items from coming into direct contact with other purchased
items.
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.
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 commercial establishment
to a customer at the point-of-sale. The term does not include bags
intentionally designed for reuse or product packaging. This definition
specifically exempts the following from the category of single-use
plastic carry-out bags:
A straw provided by a commercial establishment that is primarily
made of plastic. A "single-use plastic straw" shall not include straws
provided under the following circumstances:
A tube designed or intended for transferring a beverage from
its container to the mouth of the drinker by suction or for the stirring
of a beverage.
Food ordered from and prepared by a commercial establishment,
expressly for consumption off-site, which is either picked up by the
customer or delivered to the customer at a physical location other
than that of the commercial establishment.
[Added 3-16-2022 by Ord. No. 02-2022]
[Amended 3-16-2022 by Ord. No. 02-2022]
Effective January 1, 2020, no commercial establishment shall provide to any customer a single-use plastic carry-out bag, as defined in § 81-2 above. This prohibition applies to bags provided for the purpose of carrying goods away from the point of sale. This prohibition applies to single-use plastic carry-out bags used for takeout and delivery orders from commercial establishments within the Borough of West Chester.
Effective July 2, 2020, no commercial establishment shall provide to any customer a single-use plastic straw, as defined in § 81-2 above.
[Amended 3-16-2022 by Ord. No. 02-2022]
A.
If the commercial establishment provides a compliant bag, as defined in § 81-2 above, for the purpose of carrying goods or other materials away from the point of sale, they shall charge a fee in the amount of $0.10 per compliant bag. This charge shall be reflected in the sales receipt.
B.
The fee of $0.10 per Compliant Bag is not required for bags used
for takeout or delivery food.
C.
Customers may use bags of any type that they bring to the commercial
establishment themselves, without incurring a fee for a compliant
bag.
The Borough Sustainability Advisory Committee may, upon written
request of a commercial establishment, exempt a commercial establishment
from the requirements of this chapter for a period of one year from
the effective date of this chapter upon a finding by the Sustainability
Advisory Committee that the requirements of this chapter would cause
undue hardship to the commercial establishment. An undue hardship
shall be found only if the commercial establishment demonstrates that
it has a unique circumstance or situation such that there are no reasonable
alternatives to the use of single-use plastic carry-out bags or single-use
plastic straws.
A.
The Borough Manager, or his designee, has the responsibility for
enforcement of this chapter and may promulgate reasonable rules and
regulations in order to enforce the provisions thereof, including,
but not limited to, investigating violations and issuing fines.
B.
Any commercial establishment that violates or fails to comply with
any of the requirements of this chapter, after an initial written
warning notice has been issued for that violation, shall be liable
for a violation.
C.
Any commercial establishment that receives an initial written warning notice may file a request for an exemption pursuant to the procedure in § 81-6 above.
D.
If a commercial establishment has subsequent violations of this chapter
after the issuance of an initial written warning notice of violation,
the following penalties shall be imposed and shall be payable by the
operator of the commercial establishment:
E.
In addition to the penalties set forth in this chapter, the Borough
may seek legal, injunctive, or other equitable relief to enforce this
chapter.
