[HISTORY: Adopted by the Township Committee of the Township of Maplewood 6-5-1990
as Ord. No. 1827. Amendments noted where applicable.]
A.
The Township Committee of the Township of Maplewood finds
and declares as follows:
(1)
That the chemical composition and ability of a substance
to degrade are meaningful and useful criteria to focus upon when establishing
public policy that is intended to improve the management and disposal of solid
waste, reduce the cumulative impact of litter, encourage composting and other
forms of recycling, minimize the potential for toxic substances to form if
solid waste is burned, reduce the volume of ash by-products that may be created
by any burning of waste-plastic packaging and otherwise anticipate environmental
problems that may be caused by a municipal solid waste disposal program.
(2)
That the widespread use of plastics, especially polystyrene
and polyvinyl chloride, poses a threat to the environment by causing unnecessary
taking of landfill space or, when incinerated, by the possible introduction
of toxic by-products into the atmosphere.
(3)
That the economic and environmental problems associated
with a mixed-substance waste stream are so severe that a program to modify
the composition of solid waste, thereby reducing environmental hazards and
toxicity associated with solid waste incineration, encouraging the composting
of putrescible biodegradable wastes and encouraging other forms of recycling
of solid waste substances, is hereby determined to be a policy goal of the
Township of Maplewood.
(4)
That certain retail establishments within Maplewood are
points of origin for a volume of packaging waste and, therefore, are particularly
susceptible to actions which have significant potential for simplifying the
composition of this portion of Maplewood's solid waste stream, thereby
improving solid waste management within this township.
(5)
That the use of polystyrene and polyvinyl chloride for
food packaging is problematical because neither of these plastics are readily
recyclable; that their abundant commercial use in lieu of other plastics,
such as polyethylene or polypropylene, unnecessarily complicates the overall
chemical composition of municipal waste and subtracts from the possible emergence
of a viable plastic recycling market; and that, if burned together, polystyrene
and polyvinyl chloride leave a relatively heavier and therefore more expensive
ash residue to dispose of, which may also create dioxin, hydrochloric acid
or other toxic chemicals that could be emitted into the general environment
of the Township of Maplewood once burned in the resource recovery facility
now under construction.
(6)
That there are readily available plastic and/or paper
product substitutes for most of the polystyrene and polyvinyl chloride retail
food packaging now being used in the Township of Maplewood, the use of which
alternatives would be environmentally and economically advantageous to the
public of the Township of Maplewood.
(7)
That plastic bags in the waste stream constitute an impediment
to the development of efficient waste separation, recycling or other waste
management programs and are less desirable than paper bags because plastic
bags are neither recyclable nor compostable.
(8)
That plastic bags used by retail establishments selling
food constitute the largest single retail source of plastic bags in the waste
stream.
B.
Therefore, the purpose of this chapter is, to the maximum
extent practicable, to eliminate the use of nondegradable packaging originating
at retail establishments within the Township of Maplewood in order to protect
the air, land and waters of the Township of Maplewood against environmental
contamination and degradation.
As used in this chapter, the following terms shall have the meanings
indicated:
Packaging made of cellulose-based or other substances that are capable
of being readily attached, decomposed, assimilated and otherwise completely
oxidized or broken down by bacteria or other natural biological organisms
into carbonaceous soil material or water and carbon dioxide or, in the alternate,
capable of otherwise degrading within twelve (12) months of manufacture into
fragments that are small relative to the original size or into particles of
a molecular weight that is low when compared to that of the original material.
All food-related wrappings, adhesives, cords, binding, bags, boxes,
containers and disposable or nonreusable plates, cups or drinking utensils
intended for use with the Township of Maplewood.
All sales outlets, stores, shops or other places of business located
within the Township of Maplewood which operates primarily to sell or convey
food directly to the ultimate consumer, which foods are predominantly contained,
wrapped or held in or on packaging. "Retail food establishment" shall include
but not be limited to any place where food is prepared, mixed, cooked, baked,
smoked, preserved, bottled, packaged, handled, stored, manufactured and sold
or offered for sale, including but not limited to any fixed or mobile restaurant,
drive-in, coffee shop, cafeteria, short order cafe, fast-food outlet, delicatessen,
luncheonette, grill, sandwich shop, soda fountain, tavern, bar, cocktail lounge,
nightclub, roadside stand, take-out prepared food place, industrial feeding
establishment, catering kitchen, grocery store, public food market, food stand
or similar place in which food or drink is prepared for sale or for service
on the premises or elsewhere and any other establishment or operation, including
homes, where food is processed, prepared, stored, served or provided for the
public for charge.
A.
No retail food establishment located and doing business
within the Township of Maplewood shall sell or convey food directly to ultimate
consumers within the Township of Maplewood unless such food is placed, wrapped
or packaged in degradable packaging at the conclusion of a sales transaction
for the purchase of such food, which takes place on the premises of such a
retail food establishment at or near a sales counter or equivalent customer
purchasing station, but prior to removal of such food from the premises of
such retail food establishment.
B.
No retail food establishment located and doing business
within the Township of Maplewood shall sell, give or provide eating utensils
or food containers to any consumers within the Township of Maplewood if such
eating utensil or food container is composed of polystyrene or polyvinyl chloride.
A.
The Township of Maplewood shall not purchase any food
packaging which contains polystyrene or polyvinyl chloride, nor shall it sponsor
any event which utilizes such packaging. All food packaging shall be biodegradable
and/or photodegradable.
B.
Additionally, the purchasing agent shall exclusively
advertise for the receipt of bids for degradable plastic bags for use by the
township.
The Township Business Administrator shall issue and promulgate such
rules and regulations as may be necessary to implement and carry out the provisions
of this chapter.
A.
Section 189-3 of this chapter shall not apply to the following items:
(1)
Any flexible transparent covering for uncooked or raw
meat, poultry, raw fish, hard cheese, cold cuts, fruit and vegetable products,
baked goods or bread.
(2)
Any food packaging used at hospitals or nursing homes.
(3)
Any paper or other cellulose-based packaging that is
coated with polyethylene plastic on only one (1) side.
(4)
Any plastic covers, covering material, food containers,
lids, eating utensils or straws that are not made of polystyrene or polyvinyl
chloride.
B.
The Township Business Administrator or his authorized
representative may exempt an item or type of packaging from the requirements
of this chapter upon a showing that the items or type would cause undue hardship.
Said documentation shall include a list of suppliers contracted to determine
if substitutes are available.
The Township Engineer, the Township Construction Official, the Director
of the Township Department of Health and all employees of the Engineering,
Building and Health Departments so designated by the respective heads of those
departments, all municipal elected officials and all law enforcement officers
and all investigators of the Department of Police and the Director of the
Department of Fire and all employees so authorized by the Director of the
Department of Fire are hereby authorized and empowered to perform as law enforcement
officers solely with respect to the enforcement of the provisions of this
chapter by being empowered to issue summons for any violation thereof in accordance
with the rules governing the courts of the State of New Jersey.
Any person found guilty of violating any provision of this chapter shall
be punished by a fine not exceeding one thousand dollars ($1,000.). There
shall be a minimum fine of one hundred dollars ($100.) for each violation
of the provisions of this chapter when such violation involves a commercial
source or trade waste. Each violation and each day a violation is committed
or permitted to continue shall constitute a separate violation and shall be
punishable as such.
This chapter shall be void upon the enactment or adoption of any federal
and/or state law or regulation restricting the use of polystyrene, polyvinyl
chloride or degradable packaging.
This chapter shall take effect upon final passage and publication according
to law but shall apply to retail transactions consummated on or after December
8, 1990.
The adoption of this chapter will simplify solid waste management by
requiring uniform packaging practices within the township.
