Will Newtown Township Adopt An Ordinance Banning Single-Use Plastics?

The Newtown Township Environmental Advisory Council (EAC) has drafted a single-use plastics ban ordinance, which will be discussed at its April 3, 2023, public meeting, at 100 Municipal Drive, Newtown, starting a 7 PM. Over 100 businesses were sent invitations to attend. The public is also welcome to attend this meeting.

The goal of the ordinance is to reduce the use of single-use plastic bags, expanded polystyrene food service products, single-use plastic straws, and single-use plastic utensils by retail establishments within the Township. EAC hopes that many retail establishment representatives will attend the April 3 meeting to learn more and get answers to their questions.

Some History

In 2021, the EAC sponsored a survey of local businesses to better understand how they use single-use plastic items such as bags and carry-out containers. An overwhelming majority of respondents said they were concerned about the environmental impact of single-use plastics.

In April 2022, Newtown Township enacted a resolution to voluntarily reduce the distribution of single-use plastics. According to the EAC, several small businesses were receptive and switched to environmentally friendly, reusable or recyclable bags and products. However, many of larger businesses have not been receptive and stated that they would comply only if there was a mandatory ordinance. Without their participation, the Newtown EAC concluded that the voluntary resolution had been ineffective in getting residents to switch to reusable bags.

What do you think? Should Newtown Enact a Plastics Ban? TAKE MY SURVEY.

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Meeting Plans

At the 22 March 2023 Board of Supervisors (BOS) meeting, Peter Gilles, member of the EAC, presented plans for the special meeting of the EAC on April 3, 2023:

• The EAC will provide the draft ordinance to businesses prior to the April 3rd meeting.
• There will be a guest speaker, Faran Savitz from PennEnvironment. He has assisted and advised all the Pennsylvania Municipalities, including Philadelphia and Pittsburg when writing their ordinances. He will be available to answer any questions along with EAC members.
• There will be an informational sheet provided with Frequently Asked Questions (see below for my own list of FAQs).
• There will also be an informational board with recent articles from various news organizations and science articles

Frequently Asked Q&A

Below is a summary of the ordinance in the form of FAQs (frequently-asked questions and answers). These may be different than the FAQs that will be distributed by the EAC on April 3.

Why is This Ordinance Needed?

The main purpose of the ordinance is 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 the Township, and to preserve the natural, scenic, historic, and esthetic values of the Township.

To Whom Does This Ordinance Apply?

This ordinance would apply to the numerous commercial establishments within the Township which provide single-use plastic bags, “expanded polystyrene” food service products (typically used for selling, providing, or transporting food or beverages), single-use plastic straws and single-use plastic utensils to their customers.

“Retail Establishment” means 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, drycleaner, clothing store, restaurant, pharmacy, food truck, farmers’ market or delivery service.

How Can Businesses Comply With This Ordinance?

Bags

Beginning 90 days after the Effective Date (see below), retail establishments are prohibited from providing a single-use plastic bag or a bag that does not qualify as a reusable bag to a customer at the retail establishment or through a delivery.

Recyclable Paper Bag

A retail establishment may provide a customer a recyclable paper bag at the point of sale if the bag is provided to the customer for a mandatory, uniform charge of $0.10 per recyclable paper bag. All monies collected by a retail establishment under this section for provision of a Recyclable Paper Bag shall be retained by the retail establishment.

Expanded Polystyrene Food Service Product

Beginning 90 days after the effective date, retail establishments are prohibited from providing an expanded polystyrene food service product to a customer at the retail establishment or through a delivery.

Straws and Utensils

Beginning 90 days after the effective date, retail establishments are prohibited from providing single-use plastic straws an single-use plastic utensils except upon request of the customer.

Are Any Exemptions Allowed?

The BOS or its designee, may, in its sole discretion, upon written request of a retail establishment, exempt a retail establishment from the requirements of this ordinance for a period of not more than one year from the effective date upon a finding by the BOS or its designee that the requirements of [the ordinance] would cause undue hardship to the retail establishment.

“Hardships” include: (1) a unique circumstance or situation such that there are no reasonable alternatives to single-use plastic bags, non-recyclable paper bags or expanded polystyrene food product; or (2) additional time is necessary to draw down an existing inventory held by the retail establishment.

What Are the Enforcement Measures?

Violations incur fines: $50 for the first offense, $100 for the second, $200 for the third and subsequent offenses.

What is the Effective Date of This Ordinance?

All provisions of this Ordinance shall be in full force and effect five (5) days following its legal enactment.

What do you think? Should Newtown Enact a Plastics Ban? TAKE MY SURVEY.