[[1]HISTORY: Adopted by the Board of Commissioners of the Township
of Haverford as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor's Note: Former Ch. 134, Poles and Wires, adopted 3-8-1976 by Ord. No.
1634, as amended, was repealed 11-9-2009 by Ord. No.
2586.
[Adopted 4-11-2022 by Ord. No. 2949-2022]
A.
Purpose. The purpose of this chapter is to reduce the use of single-use
plastic carryout bags and single-use plastic straws and stirrers by
commercial establishments within the Township of Haverford, 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 and
facilitate the use of reusable, compostable, and recyclable materials
within the Township of Haverford, and to preserve the natural, scenic,
historic, and esthetic values of the Township of Haverford.
B.
Findings.
(1)
The use of single-use plastic carryout bags and single use plastic
straws and stirrers have severe environmental impacts, including greenhouse
gas emissions, litter, harm to wildlife, water consumption and solid
waste generation to Haverford Township and the greater environment.
(2)
There are numerous commercial establishments within the Township
of Haverford which provide single-use plastic carryout bags and single-use
plastic straws and stirrers to their customers.
(3)
Most single-use plastic carryout bags and single-use plastic straws
and stirrers are made from plastic or other material that does not
readily decompose.
(4)
Approximately 100,000,000,000 single-use plastic carryout bags are
discarded by United States consumers each year. In the Township of
Haverford, most such bags are not recycled and are often improperly
discarded and litter the Township's highways, trees, and drains.
(5)
Hundreds of millions of single-use plastic straws and stirrers are
discarded by United States consumers every day. In the Township of
Haverford, such straws and stirrers are not readily recyclable.
(6)
Numerous studies have documented the prevalence of single-use plastic
carryout bags and/or single-use plastic straws and stirrers 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 Township of Haverford pay the costs related
to the cleanup of single-use plastic carryout bags and single-use
plastic straws and stirrers from the roadways, trees, bushes, sewers,
drains, waters, and parks within the Township.
(8)
From an overall environmental and economic perspective, the best
alternative to single-use plastic carryout bags is a shift to reusable
bags, and the best alternative to single-use plastic straws is not
using straws or using reusable straws.
(9)
There are several reasonable alternatives to single-use plastic carryout
bags and single-use plastic straws and stirrers readily available
in and around the Township of Haverford.
(10)
It is recognized that single-use paper bag manufacturing, transportation
and resource consumption also affect the environment, but they are
biodegradable, single-stream recyclable, and provide a practical retail
establishment alternative consistent with most local and state single-use
plastic regulations and prohibitions. Although preferable to single-use
plastic bags, the overall effects of producing, providing, and allowing
single-use paper bags should also be mitigated to reduce waste, litter,
and natural resource depletion by encouraging, facilitating and promoting
reusable bag use.
(11)
As required by the Environmental Rights Amendment to the Pennsylvania
Constitution, the Township of Haverford seeks to preserve the natural,
scenic, historic, and esthetic values of the Township.
(12)
It is the desire of the Board of Commissioners to conserve resources,
reduce the amount of greenhouse gas emissions, waste, litter, water
pollution, and to protect the public health and welfare or people
and wildlife in the Township, all of which increases the quality of
life for the Township's residents and visitors.
(13)
Studies and past experiences have shown that placing a mandatory
charge on paper bags will promote and encourage the use of reusable
bags and prohibiting or otherwise regulating the use of single-use
plastic carryout bags, single-use plastic straws, and single-use plastic
stirrers will significantly reduce the use and waste of such items.
For the purposes of this chapter, the following definitions
shall apply unless the context clearly requires otherwise:
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 Township of
Haverford. 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 carryout bags and reusable bags.
A paper bag that meets all the following minimum requirements:
It is considered a recyclable material based on the Township
Code, as the same may be amended from time to time, contains a minimum
of 40% post-consumer 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 contains plastic, it must be a woven or nonwoven and fused
fabric with a minimum density of 80 grams per square meter.
A device primarily intended to be used by a person for the
purpose of stirring beverages that is made entirely of wood, grass
or certified as compostable by the Biodegradeable Products Institute.
A straw that is certified as compostable by the Biodegradeable
Products Institute.
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, vegetables, fruits, or other similar raw or 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 carryout bags:
A single-use beverage stirrer or single-use beverage splash
stick provided by a commercial establishment that is primarily made
of plastic.
A straw provided by a commercial establishment that is primarily
made of plastic. A "single-use plastic straw" shall not include straws
packaged with beverages prepared and packaged outside of the Township,
provided such beverages are not altered, packaged or repackaged within
the Township.
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.
The Township of Haverford.
Effective January 2, 2023, no commercial establishment shall
provide to any customer a single-use plastic carryout bag. 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
carryout bags used for takeout deliveries from commercial establishments
within the Township of Haverford. The point of sale in such transactions
is deemed to be at the commercial establishment, regardless of where
payment for the transaction physically occurs.
Effective January 2, 2023, any commercial establishment shall only provide compliant straws or compliant stirrers unless a single-use plastic straw is requested as set forth under § 134-5.
Effective January 2, 2023, no commercial establishment shall
provide to any customer a single-use plastic straw unless the customer
first requests it. All food service establishments shall maintain
a sufficient supply of single-use plastic straws to accommodate any
such request. If a person specifically requests a single-use plastic
straw, such food service establishment shall provide a single-use
plastic straw free of charge and shall make no inquiry into the reason
for such request.
A.
If the commercial establishment provides a compliant bag for the
purpose of carrying goods or other materials away from the point of
sale, they shall charge a minimum fee in the amount of $0.10 per compliant
bag. This charge shall be reflected in the sales receipt. A restaurant
establishment may opt out of the compliant bag fee for food takeout
and deliveries.
B.
Customers may use bags of any type that they bring to the commercial
establishment themselves for the purpose of carrying goods or other
materials away from the point of sale, without incurring a fee for
a compliant bag.
The Township Manager or their designee 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 Township Manager
or their designee 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 carryout bags, single-use
plastic straws or single-use plastic stirrers.
A.
The Township Manager or their designee has the responsibility for
enforcement of this chapter and may promulgate reasonable rules and
regulations 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 § 134-7 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 Township
may seek legal, injunctive, or other equitable relief to enforce this
chapter.
