Plastic Bag Recycling

ARTICLE II

Plastic Bag Recycling

[Adopted 4-15-2008 by L.L. No. 1-2008]

§ 330-8.  Title.

This article shall be known as "The Rockland County Plastic Bag Recycling Act of 2008." 

§ 330-9.  Legislative intent; purpose. 

A.     The Rockland County Legislature finds and determines that each year an estimated 500 billion to one trillion plastic bags are used worldwide, and billions of these bags end up as litter. In the United States alone, retail checkout counters distribute about 100 billion plastic bags, and it takes approximately 35 million barrels of oil to produce them. 

B.      The Legislature further finds and determines that plastic carryout bags and film plastic do not biodegrade. The bags break down into smaller and smaller toxic bits that contaminate soil and waterways and enter into the food web when animals accidentally ingest those materials, and that these pieces can last for more than 1,000 years. 

C.     Instead of being thrown into the garbage where they can eventually contaminate our soil and water, these bags can be collected and recycled into decks, piers and fencing. 

D.     The Legislature hereby determines that we must reduce the use of plastic bags and encourage the use of reusable bags in order to reduce our dependence on foreign oil, decrease litter and benefit the environment. 

E.      The Legislature hereby finds that the proposed recycling program furthers New York State policy, which favors programs that maximize material reuse and recycling and programs that use energy efficient recycling processes. 

F.   Therefore, the purpose of this article is to encourage the use of reusable bags by consumers and retailers, to reduce the consumption of single-use bags, and to require an at-store recycling program for plastic bags.   

§ 330-10.  Definitions.

As used in this article, the following terms shall have the meanings indicated: 

FILM PLASTIC — Uncontaminated non-rigid film plastic packaging products composed of plastic resins that include, but are not limited to, newspaper bags, dry cleaning bags and shrink-wrap.  

OPERATOR — A person in control of, or having daily responsibility for, the daily operation of a store, which may include, but is not limited to, the owner of the store.  

PLASTIC CARRYOUT BAG — A plastic carryout bag provided by a store to a customer at the point of sale that is not a reusable bag.  

REUSABLE BAG  

A.     A bag made of cloth or other machine-washable fabric that has handles; or  

B.      A durable plastic bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.    

STORE — A retail establishment that provides plastic carryout bags to its customers as a result of the sale of a consumer good, and either:  

A.     Ten thousand square feet or more of the store's selling area floor space is used for the sale of consumer goods; or  

B.      Belongs to a chain of five or more retail establishments, whether operating inside or outside of Rockland County, that are engaged in the same general field of business and:  

(1)   Conduct business under the same business name; or  

(2)   Operate under common ownership or management or pursuant to a franchise agreement with the same franchisor.      

§ 330-11.  At-store recycling program.

The operator of a store shall establish an at-store recycling program pursuant to the provisions of this article that provides an opportunity for members of the public to return to the store clean plastic carryout bags from any source. 

§ 330-12.  Program requirements.

An at-store recycling program provided by the operator of a store shall require: 

A.     A plastic carryout bag collection bin to be placed at or near the entrance to each store, and such bin shall be highly visible and indicate that the bin is intended for recycling and not for the discarding of garbage. Such collection bin shall be easily accessible to the consumer; and such collection bin shall be clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags only. 

B.      That all plastic carryout bags collected by the store are to be collected, transported and recycled in a manner consistent with all applicable laws or any rule or regulation promulgated pursuant to this article. 

C.     That the operator of the store having 20,000 square feet or more of the selling area floor space used for the sale of consumer goods shall make reusable bags available to customers within the store, which may be purchased and used in lieu of using a plastic carryout bag or paper bag.   

§ 330-13.  Penalties for offenses.

Any operator who violates any provision of this article shall be punished by a fine not to exceed $250 for a first offense; by a fine not to exceed $500 for a second offense; and by a fine not to exceed $1,000 for a third and each subsequent offense committed in any twelve-month period. Each day that an operator fails to comply with this article shall constitute a separate and distinct violation. 

§ 330-14.  Rules and regulations.

The Commissioner of the Rockland County Department of Consumer Affairs shall promulgate any rules and regulations as it deems necessary and appropriate for the implementation and enforcement of any provisions of this article. 

§ 330-15.  Applicability.

This article shall apply to all actions occurring on or after January 1, 2009. 

§ 330-16.  Reverse preemption.