[Adopted 12-11-1990 by Ord. No. 4129[1] (Ch. 462, Art. II, of the 2004 Code)]
[1]
Editor's Note: This ordinance also provided
that it shall apply to retail food transactions consummated on or
after December 31, 1991.
The Township Committee finds and declares as
follows:
A.
Solid waste management
within the Township of Union is a fundamental concern of the Township
Committee due to the limited landfill space available, rising costs
of waste disposal and impacts on the environment.
B.
Evidence available
to the Township Committee indicates that discarded packaging, especially
takeout food service packaging, constitutes a significant category
of waste within the waste stream of the Township of Union, the single
greatest source of litter within the Township and is, therefore, a
necessary focus of any effort to reduce the amount of solid waste,
as well as reducing the economic and environmental cost of waste management
for the citizens of the Township of Union.
C.
Single-use, nonrecyclable,
nondegradable packaging, and plastic containers, is considered to
be a fundamental cause of problems associated with municipal waste
disposal and litter.
D.
Chemical composition
and the ability of a substance to degrade are meaningful and useful
criteria to focus upon when establishing a 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 which form
if solid waste is burned, reduce the volume of ash by-products that
may be created by the burning of waste plastic packaging and otherwise
anticipate environmental problems that may be caused by municipal
solid waste disposal programs.
E.
The economic
and environmental problems associated with nondegradable substances
mixed with degradable substances in the waste stream are so severe
that a program to modify the composition of the solid waste in the
waste stream, thereby reducing the 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 the
policy of the Township of Union.
F.
Certain retail
food establishments within the Township of Union are the points of
origin for a significant volume of packaging waste and, therefore,
are particularly susceptible to actions which have significant potential
for simplifying the composition of this portion of the Township of
Union's solid waste stream, thereby improving solid waste management
with this Township.
G.
The widespread
use of plastics, especially polystyrene and polyvinyl chloride, pose
a threat to the environment by posing unnecessary taking of landfill
space and/or, when incinerated, by the possible introduction of toxic
by-products into the atmosphere.
H.
The waste stream
within the Township of Union 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 in this Township.
I.
The use of polystyrene
and polyvinyl chloride for food packaging is problematical because
neither of these plastics are readily recyclable; their abundant commercial
use in lieu of other plastics, such as polyethylene or polypropylene,
unnecessarily complicates the chemical composition of the municipal
waste and subtracts from the possible emergence of viable plastic
recycling programs; and if burnt together, polystyrene and polyvinyl
chloride leave a relatively heavier and, therefore, more expensive
ash residue to dispose of, and evidence indicates that the burning
of these products creates dioxin, hydrochloric acid and/or other toxic
chemicals that could be admitted into the general environment of the
Township of Union if incinerated.
J.
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 Township of Union, the use of which alternatives would
be environmentally and economically advantageous to the citizens of
the Township of Union.
K.
It is in the
interest of the health, safety and welfare of all of the citizens
of the Township of Union who live, work or do business in the Township
that the amount of nonrecyclable, nondegradable packaging be reduced
and that the amount of litter on the public streets, parks and open
spaces be reduced.
L.
Therefore, the
purpose of this article is to, to the maximum extent practical, eliminate
the use of nondegradable packaging originating at retail food establishments
in the Township of Union in order to protect the air, land and waters
of the Township of Union from environmental contamination and degradation.
As used in this article, the following terms
shall have the meanings indicated:
Packaging made of cellulose-based substances or other substances
which are capable of being readily attached, decomposed, assimilated
and/or otherwise completely oxidized or broken down into its constituent
parts by bacteria, natural biological organisms, carbonaceous soil
material, water or carbon dioxide or, in the alternative, capable
of otherwise degrading when exposed to ultraviolet light or other
natural processes, beginning within a twelve-month period from the
date of manufacture or exposure to the environment.
All food-related wrappings, including but not limited to
bags, sacks, wrappings, containers, bowls, plates, trays, cartons,
cups or eating utensils, intended for use within the Township of Union.
All sales outlets, stores, shops, restaurants or other places
of business located within the Township of Union which receive more
than 20% of their revenue through the sale or conveyance of food directly
to the ultimate consumer, which foods are predominantly contained,
wrapped or held in or on packaging. "Retail food vendors" shall include,
but not be limited to, any establishment 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,
inn, roadside stand, takeout 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 to the public for charge, provided that
said vendor shall derive more than 20% of its gross revenues from
the sale of said food or drink.
A.
No retail food
vendor located and doing business in the Township of Union shall sell
or convey food directly to the ultimate consumer within the Township
of Union unless such food is placed, wrapped or packaged in degradable
packaging at the conclusion of the sales transaction. For the purpose
of this section, conclusion of the sales transaction shall be the
point of time at which the possession of the food product passes from
the retail food vendor to the ultimate consumer, and the conclusion
of the sales transaction need not require the actual payment of consideration
for such food product; provided, however, that payment is expected
from the ultimate consumer prior to the consumer exiting the premises
of the retail food vendor.
B.
No retail food
vendor located within the Township of Union shall sell, give or provide
eating utensils or food containers to any consumer within the Township
of Union if said eating utensil or food container is composed of polystyrene
or polyvinyl chloride.
A.
Section 496-22 of this article shall not apply to the following items:
(1)
Any product
which is prepackaged by the manufacturer and which is offered for
sale by the retail establishment to the public without any additional
preparation by the retail establishment.
(2)
Any packaging
for uncooked or unprepared meat, poultry or raw fish offered for sale
to the general public in any grocery store or supermarket, or otherwise.
(3)
Any food
packaging used by patients at hospitals.
(4)
Any product
for which a reasonable substitute is not available at a reasonable
cost.
[Added 9-24-1991 by Ord. No. 4162]
B.
In order to be
considered for such exemption, the vendor shall provide the following
documentation:
(1)
A list of
suppliers contacted and statements signed by said suppliers, listing
the items that can be supplied which clearly indicate that the item
or type of packaging has no acceptable equivalent or substitute; and/or
(2)
A statement
signed by said retail food vendor indicating that he is required to
purchase food packaging pursuant to a contract entered into prior
to September 12, 1990, and said supplier is unable to supply an item
or type that has an acceptable equivalent. Said statement shall be
accompanied by a certified copy of the contract in question and shall
indicate the expiration date of said contract.
For the purpose of this article, the Health
Officer and the Recycling Coordinator shall be designated as the enforcing
officers. The enforcing officers shall be authorized by the Township
Committee to designate as many subcode officials as deemed reasonable
and necessary to carry out the purpose of this article. The enforcing
officer or his designee is authorized to perform as a law enforcement
officer solely with respect to the enforcement of the provisions of
this article by being empowered to issue summons for any violations
of this article in accordance with rules governing the courts of the
State of New Jersey. In addition to the Recycling Coordinator and/or
his designee, all law enforcement officers, fire officials, fire inspectors,
health officials and health inspectors shall be empowered to enforce
the provisions of this article.
The Recycling Coordinator is authorized to issue
and promulgate such rules and regulations as may be reasonable and
necessary to implement and carry out the provisions of this article.
A.
The Township
of Union 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 degradable as required
by this article.
B.
The Township
Purchasing Division shall be directed to exclusively advertise for
the receipt of bids for degradable plastic materials whenever said
bids are required by the Township of Union.
[Amended 10-26-2004 by Ord. No. 4842; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person found guilty of violating any of
the provisions of this article shall be subject to a fine of not more
than $2,000, imprisonment for a period not exceeding 90 days, or a
period of community service not exceeding 90 days, or any combination
thereof. Each violation and each day a violation is committed or permitted
to continue shall constitute a separate violation and shall be punishable
as such.
This article 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 this article
prior to the enactment or adoption of any federal and/or state law
or regulation shall be subject to the penalty provisions of this article.
