[HISTORY: Adopted by the Mayor and Council of the Borough
of Harrington Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-9-2019 by Ord.
No. 737]
The Borough of Harrington Park ("Borough") and its Environmental
Commission are committed to protecting the environment and the public
health, safety, and welfare of its citizens, the watershed and surrounding
waterways. The goal of this article is to reduce the common use of
single-use plastic bags, plastic straws, plastic stirrers and polystyrene
foam food packaging containers and to encourage the use of reusable
bags by consumers, paper straws, wooden or bamboo stirrers and more
sustainable/recyclable packaging containers by retailers, thereby
reducing local land and water pollution, advancing solid waste reduction,
protecting the Borough's unique natural beauty and irreplaceable
natural resources, and improving the quality of life for the citizens
of the Borough.
A.
Single-use plastic bags, plastic straws, plastic stirrers and polystyrene
foam food packaging containers are an environmental nuisance; adversely
affect public health; are a detriment to the watershed and waterways
surrounding our Borough; and impair the overall quality of life of
the Borough's residents and visitors.
(1)
Because plastic bags, plastic straws, plastic stirrers and polystyrene
foam food packaging containers are lightweight, they easily become
airborne even when properly disposed of, littering the waterways,
roadsides and sidewalks. They clog storm drainage systems, contribute
to water and terrestrial pollution, and detract from the natural beauty
of the Borough.
(2)
Plastic bags, plastic straws, plastic stirrers and polystyrene foam
food products photo-degrade, disintegrating into minute particles
which adsorb toxins and pose a threat to riparian and marine environments,
contaminating the food chain, water and soil. They are also a menace
to marine life, killing birds, marine mammals, sea turtles and fish
each year. Polystyrene foam also contains toxic substances, styrene
and benzene, which are known carcinogens and neurotoxins that are
hazardous to humans.
(3)
The vast majority of plastic bags, plastic straws, plastic stirrers
and polystyrene foam food packaging containers are not recycled, and
recycling of plastic bags, plastic straws, plastic stirrers and polystyrene
foam food packaging containers is not available in the Borough of
Harrington Park. Their disposal adds to the Borough's waste management
expense, both through the cost of transporting waste to landfills
and due to their contamination of the single-stream recycling system.
B.
Single-use plastic bags, plastic straws, plastic stirrers and polystyrene
foam food packaging container ordinances have proven to be effective
in reducing single-use plastic consumption and litter; and are part
of a growing global movement towards sustainability.
As used in this article, the following terms shall have the
meanings indicated:
A carryout bag with or without handles provided by a store
to a customer at the point of sale that is intended for the purpose
of transporting food or merchandise out of the store. The term "checkout
bag" does not include product bags.
Includes the Sanitarian of the Borough of Harrington Park
or any duly authorized agent or employee of the Board of Health, Borough
of Harrington Park, County of Bergen, New Jersey.
A device that is used to mix beverages, intended for only
one-time use, and made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources. "Plastic stirrer" includes compostable and biodegradable
petroleum or a biologically based polymer stirrers, but does not include
stirrers that are made from nonplastic materials, such as paper, sugar
cane, bamboo, etc.
A tube made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources, for transferring a beverage from its container to the mouth
of the drinker. "Plastic straw" includes compostable and biodegradable
petroleum or biologically based polymer straws, but does not include
straws that are made from nonplastic materials, such as paper, sugar
cane, bamboo, etc.
Includes any form of container made from blown polystyrene
and expanded and/or extruded foams (sometimes referred to as "Styrofoam"),
which are derived from thermoplastic petrochemical materials utilizing
a styrene monomer and processed by any number of techniques including,
but not limited to, fusion of polymer spheres (expandable bead polystyrene)
injection molding, foam molding, and extrusion-blow molding (extruded
foam polystyrene). Polystyrene foam is generally used to make such
things as cups, bowls, plates, trays, clamshell containers, prepared
food take-out containers, meat trays, and egg cartons.
A flexible container made of very thin plastic material with
a single opening that is used to transport dry cleaning materials,
produce, meats, small unpackaged or other items selected by customers
at the point of sale.
A paper bag with or without handles that is 100% recyclable.
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmer's markets,
flea markets and restaurants. The term "retail sales" does not includes
sales of goods at yard sales, tag sales, other sales by residents
at their home.
A bag which can be reused many times. It is an alternative
to single-use paper and plastic bags.
A plastic bag provided at the check stand, cash register,
point of sale, or other point of departure for the purpose of transporting
food or merchandise out of the establishment.
Any commercial or noncommercial enterprise engaging in retail
sales, selling or offering goods, food or services directly to the
public, whether for or not for profit, including, but not limited
to, convenience and grocery stores, markets, restaurants, pharmacies,
liquor stores, take-out food purveyors, and merchandise retailers.
A.
Any person engaged in retail sales shall provide only reusable bags
and/or recyclable paper bags as checkout bags to customers. No store
in the Borough shall provide single-use plastic checkout bags to any
person.
B.
If a store provides checkout bags, they shall only provide recyclable
paper bags or reusable bags.
C.
This article shall not apply to product bags.
D.
No store shall provide plastic straws to any person.
E.
No store shall provide plastic stirrers to any person.
F.
No store shall serve, sell, give or provide food or beverage contained
in a polystyrene foam container to any person.
A.
Stores shall charge and retain a fee of not less than $0.10 for each
recyclable paper bag or reusable bag provided to a customer.
B.
Nothing in this article shall prohibit a store from encouraging and
providing incentives for the use of reusable bags. Stores may use
credits or rebates for customers that bring their own reusable bags
for the purpose of carrying away goods.
Any violation of this article shall be punishable by a civil
fine of $250 per incident.
A.
The Borough Health Officer shall be authorized to enforce violations
of this article.
B.
The Borough Health Officer shall provide written notice to any person
who violates this article. Upon subsequent violation by the same person,
the Borough Health Officer shall issue a citation as provided for
the Code. Repeat offenders shall be issued additional citations without
first receiving a notice of violation.
A.
This article shall take effect four months from the date of adoption.
B.
There will be a four-month window for public education and for businesses
to use their existing inventory of plastic bags, straws, stirrers
and polystyrene foam containers and make the conversion. Education
materials for businesses will be provided by the Harrington Park Environmental
Commission. During this time suggested alternative options will be
provided to retail stores and businesses.
C.
After the four months, anyone who violates the ban will be notified
by the Borough and given 14 days to comply. Each subsequent violation
is punishable by a $250 per incident fine. Fine money will be used
for further initiatives to create a culture of plastic waste reduction.
Additionally, the Borough will not renew licenses for businesses found
to be in violation of the ordinance.
