[Ord. No. 2024-2377, 1/9/2024]
The purpose of this Part is to encourage consumers and commercial
establishments within the Borough to reduce the use and environmental
impact of single-use plastics by promoting the use of reusable bags,
utilizing alternatives to single-use plastic straws, and substituting
other biodegradable products for polystyrene containers.
[Ord. No. 2024-2377, 1/9/2024]
For purposes of this Part, the following definitions shall apply:
Bags made from paper, bamboo, agave, polylactic acid (PLA),
biopolymer, natural fiber, or other nonplastic content which are capable
of being decomposed by bacteria or other living organisms.
The Borough of Phoenixville.
Any person, corporation, partnership, business venture, vendor,
or retail sales establishment located within the Borough that regularly
sells, rents, or provides food, merchandise, goods, or materials,
whether perishable or nonperishable, for direct use or consumption
and not for resale, whether or not for profit, including, but not
limited to: restaurants (eat-in and/or take-out food), food trucks,
farmers' markets, bars, hospitals, pharmacies, convenience and
grocery stores, seasonal and temporary businesses or markets, service
stations, delicatessens, retail stores, delivery services, or other
similar nonresidential uses.
The following:
A straw or drink stirrer made from paper, bamboo, agave,
or other nonplastic content.
Any person, organization, or entity receiving goods or services
from a commercial establishment.
The vending, sale, giving, deployment, or delivering for
any purpose of a single-use carry-out plastic bag, a single-use plastic
straw, or polystyrene container whether or not incident to the sale,
vending, or production of any merchandise or beverage.
A material that would otherwise be destined for solid waste
disposal, having completed its intended end use and product life cycle.
A nonrecyclable plastic disposable food or drink container
made of synthetic resin of polystyrene (one example is known as Styrofoam®)
which is for single use and intended for serving or transporting ready-to-eat
food or beverages. This definition includes cups, plates, trays, bowls,
and hinged or lidded containers, but does not apply to cup lids.
A very thin bag without handles used as follows inside a
commercial establishment:
A bag used to package bulk items such as fruit, vegetables,
nuts, grains, or candy, such as a produce bag;
A bag used to contain or wrap meats or fish; to contain unwrapped
prepared foods or bakery goods;
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; or
A bag to contain or wrap flowers, potted plants, or similar
items; or to transport chemical pesticides, drain-cleaning chemicals,
or other caustic chemicals sold at the retail level.
Material that can be sorted, cleansed and reconstituted using
available recycling programs for the purpose of reusing the altered
or converted waste for use in new materials.
A paper bag that meets all of the following criteria:
A bag that meets all of the following criteria:
Is designed and manufactured to withstand repeated uses over
time;
Is made of cloth, fabric, cornstarch, or other nonplastic material
that is specifically designed and manufactured for multiple reuses;
Is machine washable or can be cleaned and disinfected regularly;
and
Has the capability of carrying a minimum of 18 pounds.
A bag that is made predominantly of plastic and is made using
a blown-film extrusion process, provided at the check-out stand, cash
register, point of sale, or other point of departure for the purpose
of transporting food or merchandise out of the establishment. A single-use
plastic carry-out bag shall not include any of the following:
Product bags;
Laundry or dry-cleaner bags, including bags provided by hotels
to guests to contain wet or dirty clothing;
Bags used to contain a newspaper for home delivery;
Bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags or pet waste bags; or
Any bags provided for use by a commercial establishment operated
by the Commonwealth of Pennsylvania, or otherwise provided by a federal,
commonwealth, or local government agency.
A straw which is made predominantly of plastic and which
is primarily intended for a single use. The term shall also include
a plastic stirrer, a device used to mix beverages, intended for a
single use, and made predominantly from plastic. The term single-use
plastic straw or stirrer shall not include straws or stirrers composed
of non-plastic materials, such as bamboo, sugar cane, agave, wood,
or paper. The term single-use plastic straw or stirrer 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 Borough, provided such beverages are not altered, packaged or
repackaged within the Borough; or
When provided as an assistance device to reasonably accommodate
a disability.
A tube designed or intended for transferring a beverage from
its container to the mouth of the drinker by suction or for the stirring
of a beverage.
[Ord. No. 2024-2377, 1/9/2024]
1.
Restrictions on Single-Use Carry-Out Plastic Bags. Except as provided
in this section, beginning January 1, 2025, no commercial establishment
or operator shall provide a single-use carry-out plastic bag to a
consumer at the check-out stand, cash register, point of sale, or
other point of departure for the purposes of transporting food or
merchandise out of the commercial establishment.
2.
Permitted Bags. A commercial establishment which collects a charge
for a compliant bag shall exempt a consumer from the fee when that
consumer uses an electronic benefits transfer (EBT) card or is using
a payment card or voucher issued by the Supplemental Nutrition Assistance
Program (SNAP) or Special Supplemental Nutrition Program for Women,
Infants and Children (WIC).
3.
Signage Requirement. From the effective date of this Part through
January 1, 2025, commercial establishments shall be required to post
at all check-out stands, cash registers, points of sale, or other
points of departure from the commercial establishment, conspicuous
signage which shall:
A.
Inform consumers, patrons, or users of the commercial establishment
that single-use carry-out plastic bags will no longer be provided
by the commercial establishment as of the date the prohibition begins;
B.
Explain what types of bags and uses are impacted; and
C.
Provide any other information the Borough may require by regulation.
4.
Permitted Bags and Carry-Outs.
A.
Nothing in this section shall be construed to prohibit consumers,
patrons, or users of the commercial establishment from:
(1)
Using bags of any type that the consumers, patrons, or users
of the commercial establishment bring to the commercial establishment
for their own use; or
(2)
Carrying away from the commercial establishment by other means
any items that are not placed in a bag provided by the commercial
establishment.
B.
Nothing in this section shall be construed to prohibit the retail
sale of compliant bags to consumers, patrons and users of the commercial
establishment.
[Ord. No. 2024-2377, 1/9/2024]
1.
Beginning January 1, 2025, commercial establishments are prohibited
from providing single-use plastic straws or polystyrene containers
to a consumer, customer, patron, or user of the commercial establishment
under any circumstance, unless subject to an exemption. The prohibition
set forth in this section shall not apply to single-use plastic straws
or polystyrene containers as follows:
A.
Where multiple single-use plastic straws or polystyrene containers
are grouped and sold in a single package, which package was prepared
and sealed by the manufacturer of such items at the time of their
manufacture;
B.
Where an individual single-use plastic straw or polystyrene container
is included as a part of a pre-packaged product where such single-use
plastic straw or polystyrene containers is ancillary to the primary
products, and such package was prepared and sealed by the manufacturer
of such items at the time of their manufacture; or
C.
Are ultimately sold to consumers for business use.
[Ord. No. 2024-2377, 1/9/2024]
1.
Borough Council may, in its sole discretion, upon written request
of a commercial establishment, exempt a commercial establishment from
the requirements of this Part for a period of not more than one year
from the effective date upon a finding by the Council that the requirements
of this section would cause undue hardship to the commercial establishment.
Borough Council may make a finding of undue hardship only in the following
circumstances or situations, and any exemptions that may be provided
by the Council pursuant hereto may, in the Council's discretion,
contain conditions:
A.
The commercial establishment has a unique circumstance or situation
such that there are no reasonable alternatives to single-use carry-out
plastic bags, single-use plastic straws, or polystyrene containers;
B.
Compliance with the requirements of this section would deprive a
commercial establishment of a legally protected right; or
C.
Additional time is necessary in order to draw down an existing inventory held by the commercial establishment of single-use carry-out plastic bags, single-use plastic straws, or polystyrene containers and a request for relief pursuant to this § 10-505, Subsection 1C, is submitted to the Borough within 180 days from the effective date of this Part.
[Ord. No. 2024-2377, 1/9/2024]
1.
The Borough Manager or their designee(s) shall have the primary responsibility
for enforcement of this Part.
2.
Failure of any commercial establishment to comply with the provisions
of this Part or any section thereof, upon conviction thereof in an
action brought before a magisterial district judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay fines as set forth
in this section, plus costs.
3.
If the Borough Manager or their designee(s) determines that a violation
under this section has occurred, and such violation is the first such
violation of the commercial establishment noted hereunder, the Borough
Manager or their designee(s) shall issue a written warning ("written
warning") to the commercial establishment which shall notify the commercial
establishment that the violation has occurred. No other written warning
of any kind shall be required at any time under this Part.
4.
If the Borough Manager or their designee(s) determines that a violation
under this section has occurred, and such violation occurs after the
commercial establishment has been previously warned pursuant to the
preceding Subsection, then the first such violation subsequent to
the written warning ("first violation") shall be punishable by a fine
not to exceed $25.
5.
Each violation of the commercial establishment subsequent to the
first violation and occurring within 12 months of the first violation
("initial twelve-month period") shall be punishable by a fine not
to exceed $50.
6.
For the purposes of this section, a new twelve-month period will
begin on the one-year anniversary of the most recent violation ("subsequent
twelve-month period"). The first violation to occur after each subsequent
twelve-month period shall be punishable by a fine not to exceed $25
with each subsequent violation punishable by a fine not to exceed
$50.
7.
The Borough may institute suits, in equity or at law, to restrain,
prevent, or abate a violation of this section. Such proceedings may
be initiated before any court of competent jurisdiction. The expense
of such proceedings shall be recoverable from the violator in any
manner as may now or hereafter be provided by law.
