[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;
F. 
Newspaper delivery bags;
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.