Editor's Note: Ord. 6 S+FA, 2-15-1989 replaced Ord. 6
S+FP, 11-14-1988.
[Ord. 6 S+FA, 2-15-1989 § 1]
The Municipal Council of the City of Newark finds and declares
as follows:
a.
That discarded packaging constitutes the largest single category
of waste within the waste stream of the City of Newark and is, therefore,
a necessary focus of any effort to reduce the amount disposed of,
as well as to reduce the economic and environmental costs of waste
management for the citizens of the City of Newark.
b.
That discarded non-degradable packaging and plastic contained within
the waste stream of the City of Newark is considered a fundamental
cause of problems associated with municipal waste disposal and litter.
c.
That disposal space is diminishing rapidly; that solid waste receiving
areas outside of the Newark area are becoming increasingly uncertain
and expensive; and that, for both economic and environmental reasons,
measures to simplify the chemical complexity of solid waste and, thereby,
streamline solid waste management must be vigorously pursued.
d.
That the chemical composition and ability of a substance to degrade
are meaningful and useful criteria to focus upon when establishing
public policy that is intended to improve the management and disposal
of solid waste, reduce the cumulative impact of litter, encourage
composting and other forms of recycling, minimize the potential for
toxic substances to form if solid waste is burned, reduce the volume
of ash by-products that may be created by any burning of waste plastic
packaging, and otherwise anticipate environmental problems that may
be caused by municipal solid waste disposal program.
e.
That the use of plastic non-degradable packaging has become widespread
throughout the City of Newark and that the resulting mixed substance
waste stream is a serious impediment to many solid waste management
programs that are being considered for the City.
f.
That the widespread use of plastics, especially polystyrene and polyvinyl
chloride, pose a threat to the environment by causing unnecessary
taking of landfill space or, when incinerated, by the possible introduction
of toxic byproducts into the atmosphere.
g.
That the economic and environmental problems associated with a mixed
substance waste stream are so severe that a program to modify the
composition of solid waste, thereby reducing environmental hazards
and toxicity associated with solid waste incineration and encouraging
the composting of putrescible biodegradable wastes and encouraging
other forms of recycling of solid waste substances, is hereby determined
to be a policy goal of the City of Newark.
h.
That the waste stream within Newark is so large and diverse that
any program to establish policies and laws conducive to any waste
management program in lieu of landfilling must identify and set new
policy for those specific sources of waste packaging which originate
with this City.
i.
That certain retail establishments within Newark are points of origin
for a significant volume of packaging waste and, therefor, are particularly
susceptible to actions which have significant potential for simplifying
the composition of this portion of Newark's solid waste stream, thereby
improving solid waste management within this City.
j.
That the use of polystyrene and polyvinyl chloride for food packaging
is problematical because neither of these plastics are readily recyclable;
that their abundant commercial use in lieu of other plastics such
as polyethylene or polypropylene unnecessarily complicates the overall
chemical composition of municipal waste and subtracts from the possible
emergence of a viable plastic recycling market; and that, if burned
together, polystyrene and polyvinyl chloride leave a relatively heavier
and, therefore, more expensive ash residue to dispose of which may
also create dioxin, hydrocholoric acid, or other toxic chemicals that
could be emitted into the general environment of the City of Newark
once burned in the resource recovery facility.
k.
That there are readily available plastic and/or paper product substitutes
for most of the polystyrene and polyvinyl chloride retail food packaging
now being used in the City of Newark, the use of which alternatives
would be environmentally and economically advantageous to the public
of the City of Newark.
l.
That plastic bags in the waste stream constitute an impediment to
the development of efficient waste separation, recycling, or other
waste management programs and are less desirable than paper bags because
plastic bags are neither recyclable or compostable.
m.
That plastic bags used by retail establishments selling food constitutes
the largest single retail source of plastic bags in the waste stream.
Therefore, the purpose of this chapter is to the maximum extent
practicable, eliminate the use of non-degradable packaging originating
at retail establishments with the City of Newark, in order to protect
the air, land, and waters of the City of Newark against environmental
contamination and degradation.
[Ord. 6 S+FA, 2-15-1989 § 2]
As used in this section:
Shall mean packaging made of cellulose-based or other substances
that are capable of being readily attacked, decomposed, assimilated,
and otherwise completely oxidized or broken down by bacteria or other
natural biological organisms into carbonaceous soil material or water
and carbon dioxide; or in the alternate capable of otherwise degrading
within 12 months of manufacture, into fragments that are small relative
to the original size, or into particles of a molecular weight that
is low when compared to that of the original material.
Shall mean all food-related wrappings, adhesives, cords,
binding, bags, boxes, containers and disposable or non-reusable plates,
cups, or drinking utensils intended for use with the City of Newark.
Shall mean all sales outlets, stores, shops or other places
of business located within the City of Newark, which operate primarily
to sell or convey foods directly to the ultimate consumer which foods
are predominantly contained, wrapped, or held in or on packaging.
"Retail food establishment" shall include, but not be limited to,
any place where food is prepared, mixed, cooked, baked, smoked, preserved,
bottled, packaged, handled, stored, manufactured, and sold or offered
for sale, including, but not limited to, any fixed or mobile restaurant;
drive-in; coffee shop; cafeteria; short order cafe; fast-food outlet;
delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern;
bar; cocktail lounge; nightclub; roadside stand; take-out prepared
food place; industrial feeding establishment; catering kitchen; grocery
store; public food market; food stand; or similar place in which food
or drink is prepared for sale or for service on the premises or elsewhere;
and any other establishment or operation, including homes, where food
is processed, prepared, stored, served or provided for the public
for charge.
[Ord. 6 S+FA, 2-15-1989; Ord. 6 S+FG, 11-18-1991]
a.
No retail food establishment located and doing business within the
City shall sell or convey food directly to ultimate consumers within
the City of Newark unless such food is placed, wrapped, or packed
in degradable packaging at the conclusion of a sales transaction for
the purchase of such food, which takes place on the premises of such
a retail food establishment at or near a sales counter or equivalent
customer purchasing station but prior to removal of such food from
the premises of such retail food establishment.
b.
No retail food establishment located and doing business within the
City shall sell, give, or provide eating utensils or food containers
to any consumers within the City if such eating utensil or food container
is composed of polystyrene or polyvinyl chloride.
c.
No distributor of polystyrene or polyvinyl chloride food containers
or eating utensils shall sell, give or provide such containers and
utensils to retail food establishments located within the City of
Newark.
[Ord. 6 S+FA, 2-15-1989]
a.
The City of Newark shall not purchase any food packaging which contains
polystyrene or polyvinyl chloride nor shall it sponsor any event which
utilizes such packaging. All food packaging shall be biodegradable
and/or photodegradable.
b.
Additionally the Purchasing Agent shall exclusively advertise for
the receipt of bids for degradable plastic bags for use by the City.
[Ord. 6 S+FA, 2-15-1989; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Public Works shall issue and
promulgate such rules and regulations as may be necessary to implement
and carry out the provisions of this law.
[Ord. 6 S+FA, 2-15-1989; Ord. 6 S+FF, 9-6-1989; Ord. 6 S+FA, 11-13-1989; Ord. 6PSF-F, 6-15-2016]
Section 15:14-3 of this law shall not apply to the following items:
a.
Any flexible transparent covering for uncooked or raw meat, poultry,
raw fish, hard cheese, cold cuts, fruit and vegetable produce, baked
goods or bread;
b.
Any food packaging used at hospitals or nursing homes;
c.
Any paper or other cellulose based packaging that is coated with
polyethylene plastic on only one side;
d.
Any plastic covers, covering material, food containers, lids, eating
utensils, or straws that are not made of polystyrene or polyvinyl
chloride.
e.
The Director of the Department of Public Works or its authorized
representative may exempt an item or type of packaging from the requirements
of this chapter, upon a showing that the item or type has no acceptable
equivalent and that imposing the requirements on that item or type
would cause undue hardship. The documentation shall include a list
of suppliers contacted to determine if substitutes are available.
f.
The Director of Public Works may exempt any packaging not containing
chlorofluoro-carbons ("CFC's") upon documented proof provided by the
retail food establishment in a form as prescribed by and satisfactory
to the Director of Public Works that recycling of these food products
is occurring. The retail food establishment shall source separate
and remove the food packaging from the solid waste and shall cause
the recycling of the packaging, in an organized manner, into another
usable product thus preventing the packaging from being disposed.
At the minimum, the retail food establishment must monthly demonstrate,
that at least 60% of the total packaging utilized is being recycled.
This would include in the total that packaging being used within the
premises as well as that taken from the premises.
g.
Nothing contained in this chapter shall preclude the use of polystyrene
packaging for meat, meat products, fish, poultry, dairy and produce
packaged and sold in the City of Newark. Any packaging which occurs
within the City for sale within the City shall not include CFC's.
[Ord. 6 S+FA, 2-15-1989; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Engineering, all employees
of the Sanitation and Engineering Divisions, as well as the Department
of Water and Sewer Utilities; the Director of the Department of Health
and Community Wellness and all employees of Health and Inspection
Divisions of the Department of Health and Community Wellness; the
Director of the Department of Public Works and all employees so authorized
by the Director of the Department of Public Works; the Director of
the Department of Economic and Housing Development and all employees
so authorized by the Director of the Department of Economic and Housing
Development; all municipal elected officials and all law enforcement
officers and all investigators, Alcoholic Beverage Control of the
Division of Police, the Director of the Department of Public Safety
and all employees so authorized by the Director of the Department
of Public Safety, are hereby authorized and empowered to perform as
Law Enforcement Officers solely with respect to the enforcement of
the provisions of this chapter by being empowered to issue summonses
for any violations thereof in accordance with the rules governing
the courts of the State of New Jersey.
[Ord. 6 S+FA, 2-15-1989]
Any person found guilty of violating any provision of this chapter
shall be punished by a fine not exceeding $1,000. There shall be a
minimum fine of $100 for each violation of the provisions of this
chapter when such violation involves a commercial source or trade
waste. Each violation and each day a violation is committed or permitted
to continue shall constitute a separate violation and shall be punishable
as such.
[Ord. 6 S+FA, 2-15-1989; Ord. 6 S+FD, 6-7-1995]
This chapter shall be void upon the enactment or adoption of
any Federal and/or State law or regulation restricting the use of
polystyrene, polyvinyl chloride or degradable packaging.
Any person found guilty of violating any provision of Chapter
6 of this Title "Disposal Facilities and Illegal Dumping" shall be
punished by a fine not exceeding $5,000, or by imprisonment for a
term not exceeding 90 days, or both.
