[Adopted 6-17-2008 by L.L. No. 4-2008,
effective 1-1-2009]
This article shall be known as "The Rockland
County Government Polystyrene Foam Elimination Act of 2008."
The County of Rockland finds the following to
be important reasons to encourage the use of biodegradable food storage
containers in the County of Rockland:
A.
Solid waste that is nonbiodegradable or nonrecyclable
poses an acute problem for any environmentally and financially responsible
program of solid waste management.
B.
Discarded packaging from foods and beverages constitutes
a significant and growing portion of our waste stream. Regulation
of food and beverage packaging is a necessary part of any effort to
encourage a recyclable and compostable waste stream, thereby reducing
the disposal of solid waste and the economic and environmental costs
of waste management for the citizens of the County of Rockland.
C.
Plastic packaging, particularly polystyrene, is rapidly
replacing other packaging material, and most plastic packaging used
for foods and beverages is nonbiodegradable, nonreturnable and nonrecyclable.
D.
Polystyrene food packaging is a petroleum processing
byproduct. Oil is a nonrenewable resource. Alternative products that
are biodegradable or recyclable pose far less overall hazards than
continued and expanded reliance on oil-based products.
E.
Readily disposable consumer polystyrene containers
and wrappers used for takeout foods are essentially not biodegradable
and as litter do not decompose over time into the natural environment.
The use of readily disposable consumer plastic containers and wrappers
has increased annually and projections indicate a significant growth
in their use.
F.
Plastic litter, especially polystyrene foam, poses
a potential threat to the wildlife environment. It enters the marine
and natural environment and is ingested by, or entangles, aquatic
wildlife, frequently causing death. There is resultant damage to the
ecological balance.
G.
The chemical composition and ability of a substance
to biodegrade 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,
and to encourage composting and other forms of recycling.
H.
Products that are biodegradable or recyclable offer
environmentally sound alternatives to nonbiodegradable and nonrecyclable
products currently used. By decaying into their constituent substances,
biodegradable products, compared to their nonbiodegradable equivalents,
are less of a danger to the natural environment, and less of a permanent
blight on the landscape. Recycling of products reduces costly waste
of natural resources and energy used in production of new products
as well as costly disposal of waste in landfills.
I.
The purpose of this article is to eliminate the use
of nonbiodegradable, nonreturnable and nonrecyclable packaging originating
at retail food establishments within the properties possessed by the
County of Rockland to the maximum extent practicable, in order to
protect the air, land and waters of the County of Rockland and beyond
against environmental contamination and degradation.
J.
The provisions of this article will serve the public
interest by reducing the amount of nonbiodegradable waste littering
the County. Polystyrene foam litter, in particular, is highly durable,
buoyant and nonbiodegradable and therefore persists and detracts from
the appearance of the area longer than many other types of litter.
K.
The provisions of this article will serve the public
interest by having Rockland County government lead the way in reducing
the quantity of nonbiodegradable waste in landfills serving the County.
Polystyrene foam packaging, in particular, takes up more space in
landfills than many other packaging materials, because of the comparatively
low density of polystyrene foam and its present popularity as a packaging
material. Siting and developing landfills is an increasingly expensive
undertaking, and these costs place an economic burden on the residents
of the County of Rockland. Maximizing the operating life of landfill
facilities therefore promotes the public interest, and this interest
will be served by reducing the amount of polystyrene foam and other
nonbiodegradable and nonrecyclable food packaging deposited in landfills.
For the purpose of this article, the following
are defined as follows:
Any third-party vendors or users of property owned or controlled
by the County of Rockland, such as parks, cafeterias, restaurants
and facilities.
Any person obtaining prepared food from a County food vendor.
All containers, bowls, plates, trays, cartons, cups, lids,
straws, forks, spoons, knives and other items that are designed for
one-time use and on, or in, which any County food vendor directly
places or packages prepared foods or which are used to consume foods.
This includes, but is not limited to, service ware for takeout foods
and/or leftovers from partially consumed meals prepared by County
food vendors.
Includes blown polystyrene and expanded and extruded foams
(sometimes called "styrofoam," a Dow Chemical Co. trademarked form
of polystyrene foam insulation) which are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by any number
of techniques, including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injection molding, foam molding, and
extrusion-blow molding (extruded foam polystyrene). Polystyrene foam
is generally used to make cups, bowls, plates, trays, clamshell containers,
meat trays and egg cartons.
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the
food vendor's premises for sale or use within or on property owned
or controlled by the County of Rockland, or within or on property
owned or controlled by the County of Rockland. For the purposes of
this article, "prepared food" does not include raw, butchered meats,
fish and/or poultry sold from a butcher case or similar retail appliance.
Prepared food may be eaten either on or off the premises; also known
as "takeout food."
Any store, shop, sales outlet, or other establishment, including
a grocery store or a delicatessen, other than a restaurant, located
within the County of Rockland that sells prepared food.
A.
Except as provided in § 267-5 of this chapter, County food vendors are prohibited from providing prepared food to customers on County owned or operated property in disposable food service ware that uses polystyrene foam.
B.
All County employees and departments are prohibited
from using polystyrene foam disposable food service ware and all county
departments and agencies shall not purchase or acquire polystyrene
foam disposable food service ware for use at county facilities, or
at County run authorized or sponsored events, through the purchasing
department or otherwise.
C.
County food vendors shall be prohibited from using
polystyrene foam disposable food service ware in county owned or operated
facilities or at County run authorized or sponsored events.
A.
Prepared foods prepared or packaged outside County-owned
or -controlled property for use by customers who will be returning
to county-owned or -operated property are exempt from the provisions
of this article. Purveyors of food prepared or packaged outside County-owned
or -operated property are encouraged to follow the provisions of this
article.
B.
County food vendors and the County of Rockland or
its employees, departments and agencies will be exempted from the
provisions of this article for specific items or types of disposable
food service ware if the Rockland County Executive or his/her designee
finds that a suitable affordable alternative does not exist and/or
that imposing the requirements of this article on that item or type
of disposable food service ware would cause undue hardship. In such
case, the Rockland County Executive shall promptly inform the Rockland
County Legislature, through its Chairperson, of such determination.
C.
Polystyrene foam coolers and ice chests that are intended
for reuse are exempt from the provisions of this article.
D.
Disposable food service ware composed entirely of
aluminum is exempt from the provisions of this article.
E.
Emergency supply and services procurement. In a situation
deemed by the Rockland County Executive or his/her designee to be
an emergency for the immediate preservation of the public peace, health
or safety, the operative provisions of this article shall be suspended
for a period not to exceed 14 days. In such case, the Rockland County
Executive shall promptly inform the Rockland County Legislature through
its Chairperson of such determination. The Rockland County Executive
may extend this suspension for succeeding fourteen-day periods, each
time informing the Rockland County Legislature, for as long as he/she
deems necessary.
The Rockland County Executive or his/her designee
shall prepare and file with the Rockland County Legislature a study
on the continuing effectiveness of this article. Such reports shall
be filed on the January 1 following the first full year of implementation,
and every third year thereafter.
All contracts for the sale or distribution of
foods entered into between the County of Rockland and County food
vendors or retail foods vendors shall include a provision effectuating
the intent of this article. This article shall not affect current
contracts, but a provision effectuating the intent of this article
shall be added to any contracts that are subject to renewal at the
County of Rockland's option, subject to renegotiation by the appropriate
County employee or department concerning any cost-related issues.
A.
Civil penalties.
(1)
Any failure by a County food vendor to comply with
this article shall subject the violator to the following civil penalties
to be collected by the Rockland County Health Department pursuant
to rules and regulations drafted by and for the Rockland County Commissioner
of Health:
(2)
Each day or part of a day during which any person
shall fail to comply with the provisions of this article shall constitute
a separate violation of this article.
B.
Any County employee who knowingly fails or refuses
to comply with this article shall be subject to appropriate disciplinary
action.
