[HISTORY: Adopted by the Borough Council of the Borough of Media 7-21-2022 by Ord. No. 1155. Amendments noted where applicable.[1]]
[1]
Editor's Note: The title of this chapter, formerly "Plastic, Single-Use," was amended 11-20-2025 by Ord. No. 1176.
[Amended 11-20-2025 by Ord. No. 1176]
A. 
The purpose of this chapter is:
(1) 
To reduce the use of single-use plastic bags, single-use plastic straws, including single-use plastic drink stirrers, and polystyrene products 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 Borough of Media and to preserve the natural, scenic, historic, and esthetic values of the Borough of Media.
(2) 
To relieve the pressure on recyclers, who cite single-use plastic bags and polystyrene products 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 and polystyrene products.
B. 
Findings.
(1) 
The use of single-use plastic bags, single-use plastic straws and polystyrene products have 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 Borough of Media provide single-use plastic bags, single-use plastic straws and polystyrene products food service products to their customers.
(3) 
Single-use plastic bags, single-use plastic straws and polystyrene products food service products 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 the Borough of Media, such bags are not curbside recyclable. Hundreds of millions of single-use plastic straws are discarded by United States consumers every day. In Media Borough, such straws are not readily recyclable.
(5) 
Numerous studies have documented the prevalence of single-use plastic bags, single-use plastic straws and polystyrene products food service products 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 Borough of Media pay the costs related to the cleanup of single-use plastic bags, single-use plastic straws and polystyrene products food service products from the roadways, trees, sewers, waters, and parks within the Borough.
(7) 
Recyclers cite single-use plastic bags and polystyrene products food service products as a major source of contamination within the recycling stream, leading to increased costs and decreased efficiency.
(8) 
Single-use plastic straws are small and tend to fall into the crevices of recycling machinery. They end up not being recycled and contribute to litter, water pollution and problems for marine wildlife.
(9) 
From an overall environmental and economic perspective, the best alternative to single-use plastic bags, single-use plastic straws and polystyrene products food service products is a shift to reusable, recyclable or compostable alternatives.
(10) 
There are several alternatives to single-use plastic bags, single-use plastic straws and polystyrene products food service products readily available in and around the Borough of Media.
(11) 
An important goal of the Borough of Media is to encourage the use of sustainable products and services.
(12) 
Studies have documented that placing a prohibition on the distribution of single-use plastic bags and single-use plastic straws at the point of sale and placing a fee on other single-use bags reduces plastic litter and the use of single-use bags and single-use plastic straws.
(13) 
As required by the Environmental Rights Amendment to the Pennsylvania Constitution, the Borough of Media seeks to preserve the natural, scenic, historic, and esthetic values of the Borough.
(14) 
It is the Media Borough Council'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 Media Borough's residents and visitors.
[Amended 11-20-2025 by Ord. No. 1176]
For the purposes of this chapter, the following definitions shall apply unless the context clearly requires otherwise:
BOROUGH
The Borough of Media.
COMMERCIAL ESTABLISHMENT
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 Borough of Media. 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, 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.
COMPLIANT BAG
The following paper carry-out bags and reusable bags:
A. 
A compliant paper bag that meets all the following minimum requirements:
(1) 
It is considered recyclable material containing a minimum of 40% post-consumer recycled material and displays the words recyclable and/or reusable in a highly visible manner; and
(2) 
Contains no old-growth fiber.
B. 
A compliant reusable bag that is made of cloth, fabric or other nonplastic material that is specifically designed and manufactured for multiple reuses.
COMPLIANT STRAW
A straw or drink stirrer made from paper or other nonplastic content.
CUSTOMER
Any person purchasing goods or services from a commercial establishment.
OPERATOR
The person in control of, or having responsibility for, the operation of a commercial establishment, which may include, but not limited to, the owner of commercial establishment.
POLYSTYRENE
A thermoplastic petrochemical material that utilizes a styrene monomer to create expanded or extruded polystyrene (EPS), often referred to by trademarked name "Styrofoam". The term shall not include products that contain extruded polystyrene that has not been expanded or foamed.
POLYSTYRENE FOOD SERVICE PRODUCT
A product made of polystyrene (Styrofoam) that is used for selling, providing, or transporting food or beverages including, but not limited to, food containers (including "clamshell," hinged, or lidded packaging/food containers), plates, hot and cold beverage cups, and/or trays. However, an expanded polystyrene food service product shall not include:
A. 
Food, beverages, or other items that have been packaged in polystyrene outside Media Borough for general distribution before receipt by the Media Borough commercial establishment.
POST-CONSUMER RECYCLED MATERIAL
A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle.
PRODUCT BAG
A very thin bag without handles used as follows inside a commercial establishment:
A. 
A bag used to package bulk items such as fruit, vegetables, nuts, grains, or candy;
B. 
A bag used to contain or wrap meats or fish; to contain unwrapped prepared foods or bakery goods;
C. 
A bag used solely to contain live animals, such as fish or insects sold in a pet store; or
D. 
A bag sold in packaging containing multiple bags and packaged at the time of manufacture of the bag.
RECYCLABLE
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.
SINGLE-USE PLASTIC BAG
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.
A. 
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:
(1) 
Product bags;
(2) 
Newspaper bags; or
(3) 
Bags sold in packages containing multiple bags intended for use as food storage bags, garbage bags or pet waste bags.
SINGLE-USE PLASTIC STRAW
A straw or drink stirrer provided by a commercial establishment that is primarily made of plastic. A "single-use plastic straw" shall not include straws provided under the following circumstances:
A. 
When packaged with beverages prepared and packaged outside of the Borough, provided such beverages are not altered, packaged or repackaged within the Borough; and
B. 
When provided as an assistance device to reasonably accommodate a disability.
STRAW
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.
Beginning January 1, 2023, commercial establishments are prohibited from providing a single-use plastic bag to any customer as defined in § 221-2 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 Borough of Media. The point-of-sale in such transactions is deemed to be at the commercial establishment, regardless of where payment for the transaction physically occurs.
Beginning January 1, 2023, commercial establishments are prohibited from providing a single-use plastic straw to any customer as defined in § 221-2 above unless the customer affirmatively requests a single-use plastic straw.
[Added 11-20-2025 by Ord. No. 1176]
Effective six months from the effective date of this ordinance:[1]
A. 
No commercial establishment shall package meat, eggs, bakery products, or other food or beverage made or sold within the Borough in polystyrene containers.
B. 
No commercial establishment that sells tangible personal property at retail shall sell polystyrene food or beverage containers.
C. 
The Borough shall not use or provide polystyrene food service products at any town facility or town-sponsored event.
D. 
No Borough department shall purchase or acquire polystyrene food service products.
E. 
All parties who contract with the Borough shall be prohibited from using polystyrene food service products in any Borough facilities or on Borough-funded projects within the Borough, including farmers markets and distribution centers.
[1]
Editor's Note: The effective date of the ordinance that added this section is 11-20-2025.
If the commercial establishment provides a compliant paper bag or a compliant reusable bag, as defined in § 221-2 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, 2023, and for 12 months thereafter, commercial establishments are required to post at all points of sale signage informing customers that single-use plastic bags, nonrecycled paper bags and single-use plastic straws will no longer be provided by the establishment as of the date the prohibition begins; explaining what types of bags, straws and purchases are impacted; and providing any other information the Borough of Media may require by regulation. The Borough will provide commercial establishments with signage and literature to use or adapt.
The Borough Manager or her 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-month period between January 1, 2023 and June 30, 2023, for purposes of allowing an education and awareness campaign regarding the requirements of this chapter.
A. 
From and after July 1, 2023, 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:
(1) 
Fine of $50 for a first offense;
(2) 
Fine of $100 for a second offense; and
(3) 
Fine of $300 for a third or any subsequent offense.
B. 
In addition to the penalties set forth in this chapter, the Borough of Media may seek legal, injunctive, or other equitable relief to enforce this chapter.