[Ord. No. 2022-757, 11/9/2022]
1. Purpose. The purpose of this Part is to:
A. Reduce the use of single-use bags within the Township.
B. 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
the use of reusable, compostable, and recyclable materials within
West Norriton Township, and to preserve the natural, scenic, historic,
and aesthetic values of West Norriton Township.
C. Relieve the pressure on recyclers servicing the Township, who cite
single-use plastic bags as a major source of contamination and inefficiency
within the recycling stream.
D. Relieve the pressure for Township-utilized landfills to manage the
disposition of single-use products.
2. Findings.
A. The use of single-use plastic 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.
B. There are several commercial establishments within West Norriton
Township which provide single-use plastic bags to their customers.
C. Single-use plastic bags do not readily decompose.
D. Approximately 100 billion single-use plastic bags are discarded by
United States consumers each year. Given the difficulty of recycling
these materials, less than 1% of single-use plastic bags are returned
for recycling in the United States, and in West Norriton Township,
such bags are not curbside recyclable.
E. 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.
F. The taxpayers of West Norriton Township pay the costs related to
the cleanup of single-use plastic bags from the roadways, trees, sewers,
waters, and parks within the Township.
G. Recyclers cite single-use plastic bags as a major source of contamination
within the recycling stream, leading to increased costs to the Township
and decreased efficiency.
H. From an overall environmental and economic perspective, the best
alternative to single-use plastic bags is a shift to reusable bags
followed by single-use compostable or recyclable paper bags.
I. There are several alternatives to single-use bags readily available
in and around West Norriton Township.
J. It is recognized that single-use paper bag manufacturing, transportation
and resource consumption also affects 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.
K. An important goal of West Norriton Township is to procure and use
sustainable products and services.
L. An important goal of West Norriton Township is to preserve the natural,
scenic, historic, and aesthetic values of West Norriton Township.
M. It is West Norriton Township's desire to conserve resources,
reduce the amount of greenhouse gas emissions, waste, litter, and
water pollution, and to protect the public health and welfare, including
wildlife, all of which increases the quality of life for the Township's
residents and visitors.
N. Studies and past experiences have shown that prohibiting the distribution
of single-use plastic bags at the point of sale and placing a mandatory
charge on other single-use bags reduces plastic litter and use of
single-use bags and promotes the use of reusable bags.
O. As required by the Environmental Rights Amendment to the Pennsylvania
Constitution, the Township seeks to preserve the natural, scenic,
historic, and aesthetic values of the Township.
P. It is the desire of the Board of Commissioners to conserve resources,
reduce the amount of greenhouse gas emissions, waste, litter, and
water pollution, and to protect the public health and welfare, including
wildlife, all of which increases the quality of life for the Township's
residents and visitors.
[Ord. No. 2022-757, 11/9/2022]
1. For purposes of this Part, the following terms shall be defined as
follows:
CUSTOMER
Any person purchasing goods or services from a retail establishment.
OPERATOR
The person in control of, or having responsibility for, the
operation of a retail establishment, which may include, but is not
limited to, the owner of the retail establishment.
PLASTIC
A synthetic material made from linking monomers through a
chemical reaction to create a polymer chain that can be molded or
extruded at high heat into various solid forms that retain their defined
shapes during their life cycle and after disposal, including material
derived from either petrochemicals or a biologically based polymer,
such as corn or other plant sources.
RECYCLED PAPER BAG
A paper bag that meets the following requirements:
A.
Contains no old growth fiber;
B.
Contains a minimum of 40% post-consumer recycled content; and
C.
Is labeled in a highly visible manner as recyclable with the
percentage of post-consumer recycled content of the bag.
RETAIL ESTABLISHMENT
Any store, commercial establishment, or any other location
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 West Norriton Township. Retail establishments include, but are
not limited to: a business establishment that generates a sales or
use tax; a drugstore, pharmacy, supermarket, grocery store, farmers
market, convenience food store, food mart, food truck, or other commercial
entity engaged in the retail sale of a limited line of goods such
as 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.
REUSABLE BAG
A reusable, carryout polypropylene bag that has stitched
handles or a reusable, carryout bag made of cloth, other machine-washable
fabric, or other material that is specifically designed and manufactured
for multiple reuse.
SINGLE-USE PLASTIC BAG
Any bag made predominantly of plastic that is provided by
an operator of a retail establishment to a customer at the point of
sale. The term does not include reusable bags or recycled paper bags.
This definition specifically exempts the following from the category
of single-use plastic bags:
A.
A bag used inside a retail establishment by a customer to deliver
perishable items to the point of sale at that establishment;
B.
A bag used to package bulk items such as nuts, grains, or candy;
C.
A 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 retail establishment or, for reasons of
public health and safety, to prevent such food items from coming into
direct contact with other purchased items;
D.
A bag used solely to contain live animals, such as fish or insects
sold at a pet store;
E.
A bag sold in packaging containing multiple bags and packaged
at the time of manufacture of the bag;
G.
Bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags, or pet waste bags; and
H.
Laundry or drycleaner bags.
[Ord. No. 2022-757, 11/9/2022]
Effective April 22, 2023, retail establishments are prohibited
from providing a single-use plastic bag to a customer. This prohibition
applies to single-use plastic bags provided for the purpose of carrying
goods away from the point of sale of a retail establishment and to
take-out deliveries from a retail establishment located within West
Norriton Township. The point of sale in such transactions is deemed
to be at the retail establishment, regardless of where payment for
the transaction physically occurs.
[Ord. No. 2022-757, 11/9/2022]
1. Effective April 22, 2023, retail establishments are prohibited from
providing a nonrecycled paper bag to a customer at the retail establishment
or through a delivery.
2. A retail establishment may provide a customer a recycled paper bag
at the point of sale if the bag is provided to the customer for a
charge of not less than $0.15 per bag. A retail establishment may
opt out of such charge for take-out and deliveries.
3. All monies collected by a retail establishment under this Part for
provision of a recycled paper bag shall be retained by the retail
establishment.
4. Any charge for a recycled paper bag shall be separately stated on
any receipt provided to the customer at the time of sale and shall
be identified as the "carryout bag charge" thereon.
[Ord. No. 2022-757, 11/9/2022]
1. A retail establishment may provide a reusable bag to a customer at
or before the point of sale if the reusable bag is provided to the
customer for a charge of not less than $0.15 per bag.
2. All monies collected by a retail establishment under this Part for
provision of a reusable bag shall be retained by the retail establishment.
3. 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 the "carryout bag charge" thereon.
4. Customers may use bags of any type that they bring to the retail
establishment themselves for the purpose of carrying goods or other
materials away from the point of sale, without incurring any charges
for such bag.
[Ord. No. 2022-757, 11/9/2022]
Beginning 30 days after the effective date set forth in §
17A-103, and for six months thereafter, retail establishments are required to post at all points of sale conspicuous signage informing customers that single-use plastic bags and nonrecycled paper bags will no longer be provided by the retail establishment as of the date the prohibition begins; explaining what types of bags and purchases are impacted; and providing any other information West Norriton Township may require by regulation.
[Ord. No. 2022-757, 11/9/2022]
The Township Manager or their designee may, upon written request of a retail establishment, exempt a retail establishment from the requirements of this Part for a period of one year from the effective date set forth in §
17A-103 upon a finding by the Township Manager or their designee that the requirements of this Part would cause undue hardship to the retail establishment. An "undue hardship" shall be found only if the retail establishment demonstrates that it has a unique circumstance or situation such that there are no reasonable alternatives to the use of single-use plastic bags.
[Ord. No. 2022-757, 11/9/2022]
1. The Township Manager or their designee has the responsibility for
enforcement of this Part and may promulgate reasonable rules and regulations
to enforce the provisions thereof, including, but not limited to,
investigating violations and issuing fines.
2. Any retail establishment that violates or fails to comply with any
of the requirements of this Part, after an initial written warning
notice has been issued for that violation, shall be liable for a violation.
3. Any retail establishment that receives an initial written warning notice may file a request for an exemption pursuant to the procedure in §
17A-107 above if within a year of the effective date of this Part.
4. After a warning is issued and additional violations occur, an operator
of any retail establishment violating the requirements of this Part
shall:
A. Be subject to a civil penalty of $50 for a first offense;
B. Be subject to a civil penalty of $100 for a second offense; and
C. Be subject to a civil penalty of $200 for a third or any subsequent
offense.
5. For the purposes of enforcement under this Part, an offense shall
be each day an operator or retail establishment is violating a requirement
of this Part.
6. In addition to the penalties set forth in this Part, West Norriton
Township may seek legal, injunctive, or other equitable relief to
enforce this Part.