Township of Radnor, PA Single-Use Bags

The use of single-use bags has severe environmental impacts, including greenhouse gas emissions, litter, harm to wildlife, ground level ozone formation, atmospheric acidification, water consumption, and solid waste generation.

There are numerous commercial establishments within the Township that provide single-use plastic carry-out bags to their customers.

DISTRIBUTION or TO DISTRIBUTE

The majority of such single-use bags are made from plastic or other material that does not readily decompose.

(4)

Approximately 100,000,000,000 single-use plastic bags are discarded by United States consumers each year. In the Township, such bags are not readily recyclable.

(5)

Numerous studies have documented the prevalence of single-use plastic bags littering the environment, blocking storm drains, entering local waterways, and becoming stuck in or upon natural resources and public property.

(6)

The taxpayers of the Township pay the costs related to the cleanup of single-use plastic carry-out bags from the roadways, trees, sewers, waters, and parks within the Township.

(7)

Recyclers cite single-use plastic bags as a major source of contamination within the recycling stream, leading to increased costs and decreased efficiency.

(8)

From an overall environmental and economic perspective, the best alternative to single-use plastic carry-out bags is a shift to bags that are reusable, compostable, or made from recyclable paper.

(9)

There are several alternatives to single-use plastic carry-out bags readily available in and around the Township.

(10)

An important goal of the Township is to procure and use sustainable products and services and encourage the procurement and use of sustainable products and services by others.

(11)

An important goal of the Township is to preserve the natural, scenic, historic, and esthetic values of the Township.

(12)

It is the Township's desire to conserve resources; reduce greenhouse gas emissions, waste, litter, and water pollution; and to protect the public health and welfare, including wildlife; all of which increase the quality of life for the Township's residents and visitors.

(13)

Studies have documented that prohibiting the distribution of single-use plastic bags at the point of sale and placing a mandatory fee on other bags reduces plastic litter and the use of single-use bags.

(14)

As required by the Environmental Rights Amendment to the Pennsylvania Constitution, the Township seeks to conserve and maintain the natural, scenic, historic, and esthetic environmental values of the Township.

(15)

It is the Board of Commissioners' 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 increase the quality of life for the Township of Radnor's residents and visitors.

§ 236-2 Definitions.

For the purposes of this chapter, the following definitions shall apply, unless the context clearly requires otherwise:

COMMERCIAL ESTABLISHMENT

Any person, corporation, partnership, business venture, or vendor that sells or provides merchandise, goods, or materials directly to a customer, whether or not for profit, including, but not limited to, restaurants (eat-in and/or take-out food), bars, pharmacies, convenience and grocery stores, seasonal and temporary businesses or markets, retail stores, or other similar nonresidential uses. For purposes of this chapter, commercial establishments shall not include bazaars, festivals, food banks, food pantries, senior citizen centers or similar meal centers operated by nonprofit or governmental organizations or religious institutions.

CUSTOMER

Any person purchasing goods or services from a commercial establishment.

The vending, selling, giving, providing, or delivering of an item for any purpose, whether or not incident to the sale, vending, production, or other provision of any merchandise, product, food, or beverage.

EXEMPT BAG

A bag without handles used inside a commercial establishment by a customer to deliver perishable items to the point of sale at that establishment. Such bags shall include:

Bags used to package bulk items such as fruit, vegetables, nuts, grains, or candy;

Bags used to contain or wrap meats or fish; to contain or wrap frozen foods; or to contain unwrapped prepared foods or bakery goods; and

SINGLE-USE PLASTIC CARRY-OUT BAG

Bags used solely to contain live animals, such as fish or insects sold in a pet store.

This definition also covers bags sold in packaging containing multiple bags and packaged at the time of manufacture of the bag.

RECYCLABLE PAPER BAG

A paper bag that is: 1) 100% recyclable, including the handles; 2) contains at least 40% postconsumer recycled paper content; and displays the words "recyclable" and "made from 40% postconsumer recycled amount content" (or other applicable amount), or substantially similar wording, in a visible manner on the outside of the bag.

REUSABLE BAG

A bag with handles that is specifically designed and manufactured for multiple reuse. Reusable bags shall be made of either polyester, polypropylene, cotton, or other durable material.

A bag made of plastic or other similar material that is provided by a commercial establishment to a customer at or around the point of sale that is not a reusable bag or recyclable paper bag. A single-use plastic bag is made through a blown film extrusion process.

"Single-use plastic carry-out bag" shall not include the following:

Exempt bags;

Laundry or dry-cleaner bags;

Newspaper bags;

(4)

A bag without handles used to protect a purchased item from damaging or contaminating other purchased items when placed in a reusable bag, or recyclable paper bag;

(5)

Any bags provided for use by a commercial establishment operated by the federal government. Commonwealth of Pennsylvania, or local government, or department or agency thereof; and

(6)

Any bags distributed by the federal government, Commonwealth of Pennsylvania, or local government, or department or agency thereof.

TOWNSHIP

The Township of Radnor, Delaware County, Pennsylvania.

§ 236-3 General requirements; single-use plastic and paper bag distribution prohibited.

Single-use plastic carry-out bags.

Beginning six months after the effective date, commercial establishments are prohibited from distributing single-use plastic carry-out bags to any customer either at the commercial establishment, off site, or in conjunction with a delivery.

Single-use paper bags.

Beginning six months days after the effective date, commercial establishments are prohibited from distributing nonrecyclable paper bags to any customer either at the commercial establishment, off site, or in conjunction with a delivery.

A commercial establishment may distribute to consumers recyclable paper bags at the point of sale, if such bags are provided to the consumer for a charge of not less than $0.10 per bag.

(a)

All monies collected by a commercial establishment under this subsection for the distribution of a recyclable paper bag shall be retained by the commercial establishment.

(b)

Any charge for a recyclable paper bag shall be separately stated on any receipt provided to the customer at the time of sale and shall be identified as a "carry-out bag charge" thereon.

Reusable bags.

A commercial establishment may distribute to consumers reusable bags at the point of sale, if such bags are provided to the consumer for a charge of not less than $0.10 per bag.

(a)

All monies collected by a commercial establishment under this subsection for the distribution of a reusable bag shall be retained by the commercial establishment.

(b)

Any charge for a reusable bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified as a "carry-out bag charge" thereon.

§ 236-4 Signage requirement.

Beginning 30 days after the effective date, and for six months thereafter, commercial establishments are required to post at all points of sale conspicuous signage providing the following:

Informing customers that single-use plastic carry-out bags and nonrecyclable paper bags will no longer be provided by the establishment as of the date the prohibition begins in accordance with § 236-3;

Explaining what types of bags and purchases are impacted; and

Providing any other information the Township may require by regulation.

§ 236-5 Enforcement; violations and penalties.

A person or commercial establishment that violates the requirements of this chapter shall be guilty of a summary offense and, upon conviction thereof in any District Justice Court of the Commonwealth of Pennsylvania, shall:

Be subject to a civil penalty of not less than $50 for a first offense;

Be subject to a civil penalty of not less than $100 for a second offense; and