[HISTORY: Adopted by the Board of Commissioners of the Township
of Nether Providence 11-9-2023 by Ord. No. 856. Amendments noted where
applicable.]
A.
The purpose of this chapter is:
(1)
To reduce the use of single-use plastic bags in order to curb litter
on the streets, in parks, and in 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.
(2)
To relieve the pressure on recyclers, who cite single-use plastic
bags as a major source of contamination and inefficiency within the
recycling stream.
(3)
To relieve the pressure for landfills to manage the disposition of
single-use plastic products.
B.
Findings.
(1)
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.
(2)
Some commercial establishments within the Township provide single-use
plastic bags to their customers.
(3)
Single-use plastic bags do not readily decompose.
(4)
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.
(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 the Township pay the costs related to the cleanup
of single-use plastic bags from the roadways, trees, sewers, waters,
and parks within the Township.
(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 recyclable paper bags.
(9)
There are several alternatives to single-use plastic bags readily
available around the Township.
(10)
An important goal of the Township is to encourage the use of
sustainable products and services.
(11)
Studies have documented that placing a prohibition on the distribution
of single-use plastic bags at the point of sale reduces plastic litter.
(12)
As required by the Environmental Rights Amendment to the Pennsylvania
Constitution, the Township seeks to preserve the natural, scenic,
historic, and esthetic values of the Township.
(13)
It is the Board of Commissioners' 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.
For the purposes of this chapter, the following definitions
shall apply unless the context clearly requires otherwise:
Any store or retail establishment that sells perishable or
nonperishable goods, including, but not limited to, clothing, grocery,
prepared foods and personal items, directly to the customer and is
located within or doing business within the geographical limits of
the Township. Commercial establishments include a business establishment
that generates a sales or use tax; a drugstore, pharmacy, supermarket,
grocery store, farmers market, convenience food store/gas station,
food mart or other commercial entity engaged in the retail sale of
a limited line of goods; a public eating establishment (i.e., a restaurant,
takeout 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.
The following carryout bags and reusable bags:
Any person purchasing goods or services from a commercial
establishment.
The person in control of, or having responsibility for, the
operation of a commercial establishment, which may include, but is
not limited to, the owner of commercial establishment.
A material that would otherwise be destined for solid waste
disposal, having completed its intended end use and product life cycle.
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;
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; or
A bag sold in packaging containing multiple bags and packaged
at the time of manufacture of the bag.
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 bag made of synthetic materials or plastic derived from
either petroleum or a biologically based source, such as corn or other
plant sources, or a bag made through a blown-film extrusion process,
which is provided by an operator of a commercial establishment to
a customer at the point-of-sale.
This term does not include bags intentionally designed for reuse
or product packaging. This definition specifically exempts the following
from the category of single-use plastic bags:
Product bags;
Newspaper bags; or
Bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags or pet waste bags.
The Township of Nether Providence.
A.
Beginning January 1, 2024, commercial establishments are prohibited from providing a single-use plastic bag to any customer as defined in § 191-2 above. This prohibition applies to bags provided for the purpose of carrying goods away from the point-of-sale. This prohibition applies to single-use plastic bags used for takeout and deliveries from commercial establishments within the Township. The point-of-sale in such transactions is deemed to be at the commercial establishment, regardless of where payment for the transaction physically occurs.
If the commercial establishment provides a compliant paper bag or a compliant reusable bag, as defined in § 191-2 above, for the purpose of carrying goods or other materials away from the point-of-sale, such commercial establishment may if they choose charge a fee for such compliant paper bag or compliant reusable bag in such amount as they may determine to be appropriate. All monies collected by a commercial establishment under this section for provision of a compliant paper bag shall be retained by the commercial establishment.
Beginning January 1, 2024, and for 12 months thereafter, commercial
establishments are required to post at all points of sale 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; explaining what types of bags are impacted;
and providing any other information the Township may require by regulation.
The Township will provide commercial establishments with signage and
literature to use or adapt.
The Township Manager or their designee shall have the authority
to enforce this chapter and issue citations for violations hereof.
In no event shall any citations for violations issue during the six-months
period between January 1, 2024, and June 30, 2024, for purposes of
allowing an education and awareness campaign regarding the requirements
of this chapter.
A.
From and after June 30, 2024, a commercial establishment that violates
or fails to comply with any of the requirements of this chapter, after
an initial written warning notice has been issued, shall be liable
for a violation as follows:
B.
In addition to the penalties set forth in this chapter, the Township
may seek legal, injunctive, or other equitable relief to enforce this
chapter.
