[HISTORY: Adopted by the Board of Commissioners of the Township
of Springfield 8-9-2023 by Ord. No. 975. Amendments noted where
applicable.]
A.
Purpose.
(1)
The purpose of this chapter is to reduce the use of single-use plastic
carry-out bags by retail establishments within the 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 the
Township; preserve the natural, scenic, historic, and aesthetic values
of the Township, relieve the pressure on recyclers, who cite single-use
plastic carry-out bags as a major source of contamination and inefficiency
within the recycling stream, and relieve the pressure for landfills
to manage the disposition of single-use products.
B.
Findings.
(1)
The use of single-use plastic carry-out bags has severe environmental
impacts, including, but not limited to, greenhouse gas emissions,
solid waste, litter, harm to wildlife, ground level ozone formation,
atmospheric acidification, and water consumption.
(2)
There are numerous retail establishments within the Township that
provide single-use plastic carry-out bags to their customers.
(3)
Most single-use plastic carry-out bags are made from plastic or other
materials that do not readily decompose.
(4)
Approximately one hundred billion single-use plastic carry-out bags
are discarded by United States' consumers each year. Given the
difficulty of recycling these materials, less than 1% of single-use
plastic carry-out bags are returned for recycling in the United States,
and in the Township, such bags are not curbside recyclable, and they
are not among materials accepted as part of the Township's residential
recycling program.
(5)
Numerous studies have documented the prevalence of single-use plastic
carry-out bags 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 Township pay the costs related to the cleanup
of single-use plastic carry-out bags from the Township's roadways,
trees, sewers, waters, and parks.
(7)
Recyclers cite single-use plastic carry-out bags as a major source
of contamination within the recycling stream, leading to increased
costs and decreased efficiency.
(8)
From an overall environmental and economic perspective, the best
alternative to single-use plastic carry-out bags is a shift to reusable
bags followed by compostable or recyclable paper bags.
(9)
Alternatives to single-use plastic carry-out bags are readily available
in and around the Township.
(10)
Studies have documented that placing a prohibition on the distribution
of single-use plastic carry-out bags at the point of sale and placing
a fee on other bags reduces the negative environmental impacts and
use of single-use plastic carry-out bags.
(11)
The Board of Commissioners desires to conserve resources, reduce
the amount of greenhouse gas emissions, waste, litter, water pollution,
and protect the public health and welfare, including wildlife, as
a way to increase the quality of life for Springfield Township's
residents and visitors.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person purchasing goods or services from a retail establishment.
The vending, selling, giving, providing, or delivering of
an item for any purpose, whether or not incident to the sale, vending,
production, or other provision of any merchandise, product, food,
or beverage.
Exempt bags are not subject to regulation as single-use plastic
carry-out bags per this chapter. Exempt bags shall include: (1) laundry
and dry-cleaning bags; (2) newspaper bags; (3) bags utilized by retail
establishments in connection with food delivery and takeout orders
consistent with Subsections A and B below, or pursuant to the definition
of "single-use plastic carry-out bag" as found in this section; and
(4) bags utilized in connection with the delivery of goods by mail
or transportation delivery service providers. Additionally, a bag
used at a retail establishment by a customer to deliver perishable
items to the point-of-sale at that establishment shall be exempt from
regulation as a single-use plastic carry-out bag per this chapter,
which may include, but are not necessarily limited to:
[Amended 11-8-2023 by Ord. No. 976]
Bags used to package bulk items such as fruit, vegetables, nuts,
grains, or candy;
Bags used to contain or wrap meats or fish or unwrapped prepared
foods or bakery goods;
Bags used solely to contain live animals, such as fish or insects
sold in a pet store;
Bags sold in packaging containing multiple bags and packaged
at the time of manufacturing of the bag.
A paper bag that meets the following, but not including an
exempt bag:
Contains no old growth fiber;
Is 100% recyclable including the handles;
Contains a minimum of 40% post-consumer recycled content; and
Is labeled in a highly visible manner with the name of the manufacturer,
the percentage of post-consumer recycled content of the bag and the
words "recyclable" in an easy-to-read font size.
Any store or commercial 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 the Township.
Commercial establishments include, but are not necessarily limited
to: 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, bar,
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. For purposes of this chapter, retail establishments shall not
include bazaars or festivals operated by nonprofit organizations or
religious institutions.
A carry-out bag that is designed and manufactured for multiple
uses and is:
A bag made of plastic or other similar material that is provided
by a retail establishment to a customer at or around the point of
sale that is not a reusable bag or recyclable paper bag. "Plastic,"
in this case, refers to a synthetic material made from linking monomers
through a chemical reaction to create a polymer chain that can be
molded or extruded at high heat into various solid forms that retain
their defined shapes during their life cycle and after disposal, including
material derived from either petrochemicals or a biologically based
polymer, such as corn or other plant sources. A single-use plastic
bag is currently made through a blown-film extrusion process. A "single-use
plastic carry-out bag" shall not include the following:
[Amended 11-8-2023 by Ord. No. 976]
Springfield Township.
Beginning six months after the effective date, retail establishments
located in Springfield Township are prohibited from providing a single-use
plastic carry-out bag to a customer at the retail establishment or
through a delivery. The point-of-sale in such transactions is deemed
to be at the retail establishment, regardless of where payment for
the transaction physically occurs. Customers may use bags of any type
that they bring to the retail establishment themselves, or they may
be charged a fee by the retail establishment which supplies the recyclable
paper bag or reusable carry-out bag.
Beginning six months after the effective date, retail establishments
are prohibited from distributing a bag that is not a recyclable paper
bag or a reusable carry-out bag to a customer at the retail establishment.
A.
A retail establishment may distribute to customers recyclable paper
bags at the point of sale, if such bags are provided to the customer
for a charge of not less than $0.10 per bag.
(1)
All monies collected by a retail establishment under this subsection
for the distribution of a recyclable paper bag shall be retained by
the retail establishment.
(2)
Any charge for a recyclable paper bag shall be separately stated
on any receipt provided to the customer at the time of sale and shall
be identified as a "carry-out bag charge" thereon.
Beginning 30 days after the effective date, and for six months
thereafter, retail establishments are required to post at all points
of sale conspicuous signage informing customers that single-use plastic
carry-out bags and non-recycled paper bags will no longer be provided
by the establishment as of the date the prohibition begins.
A.
The Township Manager or 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 retail 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 retail establishment that receives an initial written warning
notice may file a request for an exemption pursuant to the procedure
in § 85-8 (Exemptions) below.
D.
If a retail establishment has subsequent violations of this chapter,
after the issuance of an initial written warning notice of violation,
the following penalties shall be imposed and shall be payable by the
retail establishment:
E.
Under no circumstances shall a violator be liable to a fine or penalty
exceeding $600 for each offense. In addition to the penalties set
forth in this chapter, the Township may seek other appropriate legal,
injunctive, or equitable relief to enforce this chapter.
F.
Each day a violation continues shall constitute a separate and distinct
offense under this chapter. In addition, each violation of any of
the provisions of this chapter shall be deemed to be a separate and
distinct offense.
G.
In addition to the penalties set forth in this chapter, the Township
may seek legal, injunctive, or other equitable relief to enforce this
chapter or to restrain, prevent, or abate a violation of this chapter.
Such proceedings may be initiated before any court of competent jurisdiction.
The expense of such proceedings shall be recoverable from the violator
in any manner as may now or hereafter be provided by law.
H.
The failure of the Township to enforce any provision of this chapter
shall not constitute a waiver by of its rights to future enforcement
of such provision hereunder.
The Springfield Township Board of Commissioners may, upon written
request of a retail establishment, exempt a retail establishment from
the requirements of this chapter for a period of up to one year from
the effective date of this chapter upon a determination that the requirements
of this chapter would cause undue hardship to the retail establishment.
An undue hardship shall be found in the following circumstances or
situations, and the Township may attach conditions to the provision
of any exemption:
A.
The retail establishment has a unique circumstance or situation such
that there are no reasonable alternatives to the distribution of single-use
plastic carry-out bags and/or non-recyclable paper bags;
B.
Compliance with the requirements of this chapter would deprive the
retail establishment of a legally protected right; or
C.
Additional time is necessary to draw down the retail establishment's
existing inventory of single-use plastic carry-out bags and/or non-recyclable
paper bags.
