[1]
Editor's Note: Former Part 7, Operation of All Terrain Vehicles,
was repealed by Ord. No. 2018-O-4, 9/26/2018.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
Purpose.
A.
The purpose of this Part is to reduce the use of single-use plastic
bags, expanded polystyrene food service products, single-use plastic
straws, and single-use plastic utensils by retail establishments within
the Township.
B.
To 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
the Township, and to preserve the natural, scenic, historic, and esthetic
values of the Township.
C.
To relieve the pressure for landfills to manage the disposition of
single-use products.
2.
Findings.
A.
The use of single-use plastic bags, expanded polystyrene food service
products, single-use plastic straws and single-use plastic utensils
have 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 numerous commercial establishments within the Township
which provide single-use plastic bags, expanded polystyrene food service
products, single-use plastic straws and single-use plastic utensils
to their customers.
C.
The majority of such single-use plastic bags, expanded polystyrene
food service products, single-use plastic straws and single-use plastic
utensils are made from plastic or other material that does 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 the Township, such bags
are not curbside recyclable.
E.
Approximately 500 million single-use plastic straws are discarded
by United States consumers every day. In the Township, such straws
are not readily recyclable.
F.
Numerous studies have documented the prevalence of single-use plastic
bags, expanded polystyrene food service products, and/or plastic straws
littering the environment, blocking storm drains, entering local waterways,
and becoming stuck in or upon natural resources and public property.
G.
The taxpayers of the Township pay the costs related to the cleanup
of single-use plastic bags, expanded polystyrene food service products,
single-use plastic straws and single-use plastic utensils from the
roadways, trees, sewers, waters, and parks within the Township.
H.
From an overall environmental and economic perspective, the best
alternative to single-use plastic bags is a shift to reusable bags
or recyclable paper bags, and the best alternative to single-use plastic
utensils and straws are reusable utensils and straws, recyclable paper
utensils and straws, or utensils and straws made from other natural
products, if a utensil or straw is required.
I.
There are several alternatives to single-use plastic bags, expanded
polystyrene food service products, single-use plastic straws and single-use
plastic utensils readily available in and around the Township.
J.
An important goal of the Township is to procure and use sustainable
products and services.
K.
An important goal of the Township is to preserve the natural, scenic,
historic, and esthetic values of the Township.
L.
It is the Township's 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 increases the quality of life for the Township's
residents and visitors.
M.
Studies have documented that placing a mandatory charge on single-use
plastic bags, banning expanded polystyrene food service products,
and not providing single-use plastic straws or utensils will dramatically
reduce the use of such items.
N.
As required by the Environmental Rights Amendment to the Pennsylvania
Constitution, the Board seeks to preserve the natural, scenic, historic,
and esthetic values of the Township.
O.
It is the Board's 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 increases the quality of life for the Township's residents
and visitors.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
When used in this Part 7, the following terms shall have the
following definitions:
Any person purchasing goods or services from a retail establishment.
A bag used inside a retail establishment by a customer to deliver
perishable items to the point-of-sale at that establishment;
Shall include:
A bag used to package bulk items such as fruit, vegetables,
nuts, grains, or candy;
A bag used to contain or wrap meats or fish; to contain unwrapped
prepared foods or bakery goods or candy;
A bag used solely to contain live animals, such as fish or insects
sold in a pet store;
A bag sold in packaging containing multiple bags and packaged
at the time of manufacture of the bag.
Blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer
and processed by a number of techniques, including, but not limited
to: fusion of polymer spheres, known as "expandable bead 20 polystyrene";
injection molding; foam molding; and extrusion-blow molding, also
known as "extruded foam polystyrene."
Means a product made of expanded polystyrene that is used for
selling, providing, or transporting food or beverages;
Shall not include:
Food or beverages that have been packaged in expanded polystyrene
outside the Township before receipt by a food service establishment
or store;
A product made of expanded polystyrene that is used to package
raw, uncooked, or butchered meat, fish, poultry, or seafood; or
Non-foam polystyrene food service products.
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.
A paper bag that meets the following, but not including an
exempted bag:
Is 100% recyclable;
Contains no old growth fiber;
Contains a minimum of 40% post-consumer recycled content; and
Displays the word "Recyclable" in a highly visible manner on
the outside of the bag, and is labeled in a highly visible manner
on the outside of the bag with the name of the manufacturer, the location
(country) where manufactured, and the percentage of post-consumer
recycled content of the bag in an easy-to-read font size.
A location where food or other products are offered to the
public for direct sale or delivery to a customer, including, but not
limited to, the following: supermarket, convenience store, service
station, delicatessen, department store, dollar store, drycleaner,
clothing store, restaurant, pharmacy, food truck, farmers' market
or delivery service.
A carryout bag that is designed and manufactured for multiple
uses and is: (a) made of cloth or other machine-washable fabric that
has stitched handles; or (b) a polypropylene bag that has stitched
handles.
A bag made from plastic through a blown-film extrusion process,
but not including an exempted bag.
A straw sold or distributed for the purpose or intent of
transferring a beverage from its container to the mouth of the drinker
by suction, which is made of Plastic and which is primarily intended
for a single use. The term shall also include a stirrer, a device
used to mix beverages, intended for a single use, and made from plastic.
The term single-use plastic straw shall not include straws provided
under any of the following circumstances:
When provided with a beverage on private property used as a
residence;
When provided by a state, federal or local government agency;
When packaged with beverages prepared and packaged outside of
the Township, provided such beverages are not altered, packaged, or
repackaged within the Township;
When provided as an assistance device to reasonably accommodate
a disability.
Means any item used or provided by a retail establishment to
serve, consume, or manipulate food or beverages that is primarily
made from plastic, other than a single-use plastic straw.
Includes, but is not limited to, forks, spoons, sporks, knives,
chopsticks, stirrers, beverage spill plugs, toothpicks, novelty cocktail
accessories, and other drink or food accoutrements.
Shall not include utensils provided under the following circumstances:
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
Beginning 120 days after the effective date, retail establishments
are prohibited from providing a Single-use Plastic Bag or a bag that
does not qualify as either a reusable bag or a recyclable paper bag
to a customer at the retail establishment or through a delivery. The
preceding sentence shall not apply to an exempted bag.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
Beginning 120 days after the effective date, retail establishments
are prohibited from providing a non-recyclable paper bag to a customer
at the retail establishment or through a delivery.
2.
A retail establishment may provide a customer a recyclable paper
bag either at the point of sale, inside the store or through a delivery,
if the bag is provided to the customer for a charge of not less than
$0.10 per recyclable paper bag.
3.
All monies collected by a retail establishment under this section
for provision of a recyclable paper bag shall be retained by the retail
establishment.
4.
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 the "Carry-Out Bag Charge" thereon.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
A retail establishment may provide a customer a reusable bag at the
point of sale.
2.
All monies collected by a retail establishment under this section
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
thereon.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
Beginning 90 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 non-recyclable
paper bags will no longer be provided by the establishment as of the
date the prohibition begins; explaining what types of bags and purchases
are impacted; and providing any other information the Township may
require by regulation.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
Beginning 120 days after the effective date, retail establishments
are prohibited from providing an expanded polystyrene food service
product to a customer at the retail establishment or through a delivery.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
Beginning 120 days after the effective date, retail establishments
are prohibited from providing single-use plastic straws, except upon
request of the customer.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
Beginning 120 days after the effective date, retail establishments
are prohibited from providing single-use plastic utensils, except
upon request of the customer.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
Upon written request of a retail establishment, the Township Manager
or his or her designee, may exempt a retail establishment from the
requirements of this Part for a period of not more than one year from
the effective date following a recommendation by the Environmental
Advisory Council only in the following circumstances or situations,
and any exemptions that may be provided pursuant hereto may contain
conditions:
A.
The retail establishment has a unique circumstance or situation such
that there are no reasonable alternatives to single-use plastic bags,
non-recyclable paper bags or expanded polystyrene food product; or
B.
Additional time is necessary to draw down an existing inventory held
by the retail establishment of single-use plastic bags, non-recyclable
paper bags, non-reusable bags or expanded polystyrene food service
product. A retail establishment must submit a receipt reflecting the
inventory held by the retail establishment in support of its request
for a temporary exemption.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1.
The Township Manager or his/her designee(s) shall have the primary responsibility for enforcement of this Part. In no event shall any citations for violations of this Chapter 10, Part 7, be issued before 120 days after the effective date, for purposes of allowing education and awareness regarding the requirements of this Part.
2.
A.
Be given a written warning for a first offense with a thirty-day
grace period before issuing a second offense;
B.
Be subject to a civil penalty of $50 for a second offense;
C.
Be subject to a civil penalty of $100 for a third offense; and
D.
Be subject to a civil penalty of $200 for a fourth or any subsequent
offense.
3.
Any retail establishment that receives an initial written warning notice may file a request for an exemption to the extent permitted pursuant to § 10-710 above. If a temporary exemption is granted, enforcement will not proceed to a second or subsequent offense until the temporary exemption expires.
4.
In addition to the penalties set forth in this Part, the Township
shall be entitled to its attorneys' fees and the costs of enforcing
this Part, and may seek legal, injunctive, or other equitable relief
to enforce this Part.
5.
The failure of the Township to enforce any provision of this Part
shall not constitute a waiver by the Township of its rights to future
enforcement hereunder.
