[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitemarsh as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-13-2023 by Ord. No. 1029]
A.
Purpose. The purpose of this Chapter is:
(1)
To reduce the use of single-use plastic bags;
(2)
To 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
Whitemarsh Township, and to preserve the natural, scenic, historic,
and esthetic values of Whitemarsh Township;
(3)
To relieve the pressure on recyclers, who cite single-use plastic
bags as a major source of contamination and inefficiency within the
recycling stream; and
(4)
To relieve the pressure for landfills to manage the disposition of
single-use products.
B.
Findings.
(1)
The use of single-use bags has severe environmental impacts, including
greenhouse gas emissions, litter, harm to wildlife, ground-level ozone
formation, atmospheric acidification, water consumption, and solid
waste generation.
(2)
There are several commercial establishments within Whitemarsh Township
that provide single-use plastic bags to their customers.
(3)
Single-use plastic bags 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 Whitemarsh Township, such
bags are not curbside recyclable.
(5)
Numerous studies have documented the prevalence of single-use plastic
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 Whitemarsh Township pay the costs related to
the cleanup of single-use plastic bags from the roadways, trees, sewers,
waters, and parks within the Township.
(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)
From an overall environmental and economic perspective, the best
alternative to single-use plastic bags is a shift to reusable bags
followed by compostable or recyclable paper bags.
(9)
An important goal of Whitemarsh Township is to procure and use sustainable
products and services.
(10)
An important goal of Whitemarsh Township is to preserve the
natural, scenic, historic, and esthetic values of Whitemarsh Township.
(11)
It is Whitemarsh Township'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 Township's
residents and visitors.
(12)
Studies have documented that prohibiting the distribution of
single-use plastic bags at the point of sale and placing a mandatory
fee on other bags reduces plastic litter and the use of single-use
bags.
(13)
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.
As used in this Article, the following terms have the following
definitions:
Any person purchasing goods or services from a retail establishment.
The effective date of the ordinance that added this article
to the Code of Ordinances of Whitemarsh Township.
A bag used inside a retail establishment by a customer to deliver
perishable items to the point of-sale at that establishment;
Shall include:
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;
A bag sold in packaging containing multiple bags and packaged
at the time of manufacture of the bag.
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 paper bag that meets the following, but not including an
exempted bag:
A location where food or other products are offered to the
public for direct sale or delivery to a customer, including but not
limited to the following: supermarket, convenience store, service
station, delicatessen, department store, dollar store, clothing store,
restaurant, pharmacy, food truck, farmers' market, or delivery
service, but not including dry cleaners.
A carryout bag that is designed and manufactured for multiple
uses and is:
A bag made through a blown-film extrusion process, but not
including an exempted bag.
Beginning 90 days after the effective date, retail establishments
are prohibited from providing a single-use plastic bag to a customer
at the retail establishment or through a delivery. Plastic straws
and utensils will be provided only upon request by the customer.
A.
Beginning 90 days after the effective date, retail establishments
are prohibited from providing a nonrecycled paper bag to a customer
at the retail establishment or through a delivery.
B.
A retail establishment may provide a customer a recycled paper bag
at the point of sale if the bag is provided to the customer for a
charge of not less than $0.15 per bag.
C.
All monies collected by a retail establishment under this section
for provision of a recycled paper bag shall be retained by the retail
establishment.
D.
Any charge for a recycled paper bag shall be separately stated on
any receipt provided to the customer at the time of sale and shall
be identified as the "carry-out bag charge" or similar language thereon.
A.
A retail establishment may provide a customer a reusable carryout
bag at the point of sale if the bag is provided to the customer for
a charge of not less than $0.15 per bag.
B.
All monies collected by a retail establishment under this section
for provision of a reusable carryout bag shall be retained by the
retail establishment.
C.
Any charge for a reusable carryout bag shall be separately stated
on a receipt provided to the customer at the time of sale and shall
be identified as the "carry-out bag charge" or similar language 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
bags and nonrecycled paper bags will no longer be provided by the
establishment as of the date the prohibition begins, explaining what
types of bags and purchases are impacted, and providing any other
information Whitemarsh Township may require by regulation.
B.
For the purposes of enforcement under this article, an offense shall
be each day a person or retail establishment violates a requirement
of this article.
C.
In addition to the penalties set forth in this article, Whitemarsh
Township may seek legal, injunctive, or other equitable relief to
enforce this article.
D.
The failure of Whitemarsh Township to enforce any provision of this
article shall not constitute a waiver by Whitemarsh Township of its
rights to future enforcement hereunder.
This ordinance shall take effect on October 11, 2023.
