[HISTORY: Adopted by the Board of Supervisors of the Township
of West Goshen 9-6-2022 by Ord. No. 3-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinances also repealed former Ch. 61,
Plastic Bags and Plastic Straws, adopted 12-21-2021 by Ord. No. 16-2021.
A.
The purpose of this chapter is to reduce the use of single-use, plastic
carryout bags and single-use, plastic straws by commercial establishments
within West Goshen Township, curb litter on the streets, in the parks,
and in the 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 West Goshen Township, and to preserve
the natural, scenic, historic, and esthetic values of West Goshen
Township.
B.
Findings.
(1)
The use of single-use, plastic carry-out bags and single use, plastic
straws have severe environmental impacts, including greenhouse gas
emissions, litter, harm to wildlife, water consumption and solid waste
generation.
(2)
There are numerous commercial establishments within West Goshen Township
which, prior to the enactment of this chapter, provided single-use,
plastic carry-out bags and single-use, plastic straws to their customers.
(3)
Most of the single-use, plastic carry-out bags are manufactured via
the blown-film extrusion process, and single-use, plastic straws are
made from plastic or other material that does not readily decompose.
(4)
Approximately 100,000,000,000 single-use, plastic carry-out bags
are discarded by United States consumers each year. In West Goshen
Township such bags are not readily recyclable.
(5)
Hundreds of millions of single-use, plastic straws are discarded
by United States consumers every day. In West Goshen Township, such
straws are not readily recyclable.
(6)
Numerous studies have documented the prevalence of single-use, plastic
carry-out bags and/or single-use plastic straws littering the environment,
blocking storm drains, entering local waterways, and becoming stuck
in or upon natural resources and public property.
(7)
The taxpayers of West Goshen Township pay the costs related to the
cleanup of single-use, plastic carry-out bags and single-use plastic
straws from the roadways, trees, sewers, waters, and parks within
the Township.
(8)
From an overall environmental and economic perspective, the best
alternative to single-use, plastic carry-out bags is a shift to reusable,
compostable or recyclable paper bags, and the best alternative to
single-use, plastic straws are reusable straws or straws made from
other natural products, if a straw is required.
(9)
There are several alternatives to single-use, plastic carry-out bags
and single use plastic straws readily available in and around West
Goshen Township.
(10)
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.
(11)
It is the desire of the Board of Supervisors 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, food,
and personal items, directly to the customer and is located within
or doing business within the geographical limits of West Goshen 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, food mart, or other commercial
entity engaged in the retail sale of a limited line of goods that
include milk, bread, soda and snack foods; 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.
Certain paper carry-out bags and reusable bags.
A paper bag that meets all the following minimum requirements:
It is considered a recyclable material, based on the Township
Code, as the same may be amended from time to time, contains a minimum
of 40% postconsumer recycled material and displays the words recyclable
and/or reusable in a highly visible manner on the outside of the bag;
or
It can be composted.
A reusable bag is: i) A bag made of nylon, cotton, cloth, polyester,
or other materials, other than plastic, that is specifically designed
and manufactured for multiple reuses; or ii) A bag made of plastic
having a thickness greater than four millimeters which has not been
manufactured by a blown-film extrusion process.
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 the commercial establishment.
A material that would otherwise be destined for solid waste
disposal, having completed its intended end use and product life cycle.
"Post-consumer recycled material" does not include materials and by-products
generated from and commonly reused within an original manufacturing
and fabrication process.
A very thin bag without handles used exclusively to carry
meats or other uncooked food items to the point of sale inside a commercial
establishment or, for reasons of public health and safety, to prevent
such food items from coming into direct contact with other purchased
items.
Material that can be sorted, cleansed and reconstituted using
available recycling collection programs for the purpose of reusing
the altered, incinerated, converted or otherwise thermally destroyed
solid waste generated therefrom.
Any bag made from plastic that is less than four millimeters
thick and made through the blown-film extrusion process provided by
an operator of a commercial establishment to a customer at the point-of-sale.
The term does not include product packaging. This definition specifically
exempts the following from the category of single-use plastic carry-out
bags:
A straw 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.
West Goshen Township.
No commercial establishment shall provide to any customer a single-use plastic carry-out bag, as defined in § 61-2 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 carry-out bags used for takeout deliveries from commercial establishments within West Goshen 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.
No commercial establishment shall provide to any customer a single-use plastic straw, as defined in § 61-2 above.
The Township Sustainability Advisory Committee may, upon written
request of a commercial establishment, exempt a commercial establishment
from the requirements of this chapter for a period of one year from
the effective date of this chapter upon a finding by the Sustainability
Advisory Committee that the requirements of this chapter would cause
undue hardship to the commercial establishment. An "undue hardship"
shall be found only if the commercial establishment demonstrates that
it has a unique circumstances or situations such that there are no
reasonable alternatives to the use of single-use plastic carry-out
bags or single-use plastic straws.
A.
The Township Manager, or his designee, has the responsibility for
enforcement of this chapter and may promulgate reasonable rules and
regulations in order to enforce the provisions thereof, including,
but not limited to, investigating violations, and issuing fines.
B.
Any 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 for that violation, shall be liable
for a violation.
C.
Any commercial establishment that receives an initial written warning notice may file a request for an exemption pursuant to the procedure in § 61-5 above. A request for an exemption must be filed within 15 days of the date of the initial warning notice.
D.
If a commercial establishment has subsequent violations of this chapter
after the issuance of an initial written warning notice of violation,
the Township may issue a summary criminal citation and seek a minimum
fine of $500 and a maximum fine of $1,000 upon conviction thereof
in a summary proceeding brought before a District Justice under the
Pennsylvania Rules of Criminal Procedure. In default of payment thereof,
the defendant may be sentenced to imprisonment in the county prison
for a term of not more than 30 days. Each section of this chapter
violated shall constitute a separate offense, and each day or portion
thereof in which a violation of this chapter is found to exist shall
constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the District Justice. All fines and
penalties collected for the violation of this chapter shall be paid
to the Township Treasurer.
E.
In addition to the penalties set forth in this chapter, the Township
may seek legal, injunctive, or other equitable relief to enforce this
chapter.
