[HISTORY: Adopted by the Borough Council of the Borough of
Media 7-21-2022 by Ord. No. 1155. Amendments noted where applicable.]
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, 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 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 and single-use plastic straws
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 and single-use plastic straws to their customers.
(3)
Single-use plastic bags and single-use plastic straws 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 and single-use plastic straws 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 and single-use plastic straws from
the roadways, trees, sewers, waters, and parks within the Borough.
(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)
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 and single-use plastic straws
is a shift to reusable bags and straws followed by recyclable paper
bags and straws.
(10)
There are several alternatives to single-use plastic bags and
single-use plastic straws 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.
For the purposes of this chapter, the following definitions
shall apply unless the context clearly requires otherwise:
The Borough of Media.
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.
The following paper carry-out bags and reusable bags:
A straw or drink stirrer made from paper or other nonplastic
content.
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 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:
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 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.
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:
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.
