[HISTORY: Adopted by the Board of Commissioners of the Township
of Cheltenham 4-26-2023 by Ord. No. 2453-23. Amendments noted
where applicable.]
A.
Purpose. The purpose of this chapter is to reduce the use of single-use
bags by retail establishments within Cheltenham Township; 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 Cheltenham
Township; preserve the natural, scenic, historic, and aesthetic values
of Cheltenham Township; relieve the pressure on recyclers, who cite
single-use plastic bags as a major source of contamination and inefficiency
within the recycling stream; and relieve the pressure for landfills
to manage the disposition of single-use products.
B.
Findings.
(1)
The use of single-use bags has severe environmental impacts, including,
but not limited to, greenhouse gas emissions, litter, harm to wildlife,
ground-level ozone formation, atmospheric acidification, water consumption,
and solid waste generation.
(2)
There are numerous retail establishments within Cheltenham Township
that provide single-use plastic bags to their customers.
(3)
Most single-use plastic bags are made from plastic or other materials
that do not readily decompose.
(4)
Approximately 100,000,000,000 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 Cheltenham Township, such
bags are not curbside 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 Cheltenham Township pay the costs related to the
cleanup of single-use plastic bags from Township roadways, trees,
sewers, waters, and parks.
(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 bags is a shift to reusable bags
followed by compostable or recyclable paper bags.
(9)
Studies have documented that placing a prohibition on the distribution
of single-use plastic bags at the point of sale and placing a mandatory
fee on other bags reduces the negative environmental impacts and use
of single-use plastic bags.
(10)
An important goal of Cheltenham Township is to preserve its
natural, scenic, historic, and aesthetic values.
(11)
The Board of Commissioners desires to conserve resources, reduce
the amount of greenhouse gas emissions, waste, litter, water pollution,
and protect the public health and welfare, including wildlife, as
a way to increase the quality of life for Cheltenham Township's
residents and visitors.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person purchasing goods or services from a retail establishment.
Exempted bags are not subject to regulation as single-use
plastic bags per this chapter. Exempted bags include 1) laundry and
dry-cleaning bags; 2) newspaper bags; and 3) bags utilized in connection
with the delivery of goods by mail or other similar transportation
carrier. Additionally, a bag used at a retail establishment by a customer
to deliver perishable items to the point of sale at that establishment
shall be exempted from regulation as a single-use plastic bag per
this chapter, which may include, but are not necessarily limited to:
Bags used to package bulk items such as fruit, vegetables, nuts,
grains, or candy;
Bags used to contain or wrap meats or fish or unwrapped prepared
foods or bakery goods;
Bags used solely to contain live animals, such as fish or insects
sold in a pet store;
Bags sold in packaging containing multiple bags and packaged
at the time of manufacture of the bag.
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 ploymer,
such as corn or other plant sources.
A paper bag that meets the following, but not including an
exempted bag:
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 Cheltenham Township.
Retail establishments include, but are not necessarily 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, 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.
A carryout bag that is designed and manufactured for multiple
uses and is:
A bag made through a blown-film extrusion process, but not
including an exempted bag.
Cheltenham Township.
Beginning 90 days after the effective date, retail establishments
located in Cheltenham Township are prohibited from providing a single-use
plastic bag to a customer at the retail establishment or through a
delivery. The point of sale in such transactions is deemed to be at
the retail establishment, regardless of where payment for the transaction
physically occurs.
A.
Beginning 90 days after the effective date, retail establishments
are prohibited from providing a nonrecycled paper bag to a customer
at the retail establishment or through a delivery.
B.
A retail establishment may provide a consumer a recycled paper bag
at the point of sale if the bag is provided to the consumer for a
charge of not less than $0.10 per bag.
C.
All monies collected by a retail establishment under this section
for the provision of a recycled paper bag shall be retained by the
retail establishment.
D.
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.
A.
A retail establishment may provide a consumer a reusable carryout
bag at the point of sale for a charge established by the retail establishment.
B.
All monies collected by a retail establishment under this section
for the provision of a reusable bag shall be retained by the retail
establishment.
C.
Any charge for a reusable 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.
Beginning 30 days after the effective date, 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
establishment as of the date the prohibition begins.
A.
The Board of Commissioners or designee has the responsibility for
enforcement of this chapter and may promulgate reasonable rules and
regulations in order to enforce the provisions thereof, including,
but not limited to, investigating violations and issuing fines.
B.
Any retail 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 retail establishment that receives an initial written warning notice may file a request for an exemption pursuant to the procedure in § 162-8 (Exemptions) below.
D.
In the event any retail establishment has subsequent violations of
this chapter after the issuance of an initial written warning notice
of violation, the Township may issue a summary criminal citation and
seek a minimum fine of $500 and a maximum fine of $1,000 upon conviction
thereof in a summary proceeding brought before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure. Each section
of this chapter violated shall constitute a separate offense, and
each day or portion thereof in which a violation of this chapter is
found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the Magisterial
District Judge. All fines and penalties collected for the violation
of this chapter shall be paid to Cheltenham Township.
E.
In addition to the penalties set forth in this chapter, the Township
may seek other appropriate legal, injunctive, or equitable relief
to enforce this chapter.
The Cheltenham Township Board of Commissioners may, upon written
request of a retail establishment, exempt a retail establishment from
the requirements of this chapter for a period of one year from the
effective date of this chapter upon a determination that the requirements
of this chapter 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.
