HomeMy WebLinkAbout3076 Regulating the Distribution of Plastic Bags Ordinance 3076
Plastic and Biodegradable Carryout Bags
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ORDINANCE NO. 3076
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON
REGULATING THE DISTRIBUTION OF SINGLE-USE PLASTIC AND
BIODEGRADABLE CARRYOUT BAGS AND REQUIRING RETAIL OR
WHOLESALE ESTABLISHMENTS TO COLLECT A PASS-THROUGH
CHARGE FROM CUSTOMERS REQUESTING RECYCLABLE PAPER
CARRYOUT BAGS AND AMENDING CHAPTER 6 OF THE CITY OF
PORT TOWNSEND MUNICIPAL CODE TO ADD A NEW SECTION 6.26.
Recitals:
A. The Washington State Legislature in RCW 70.95.010(8)(a) established waste
reduction as the first priority for the collection, handling, and management of solid
waste.
B. The Washington State Legislature in RCW 70.95.010(4) found that it is "necessary to
change manufacturing and purchasing practices and waste generation behaviors to
reduce the amount of waste that becomes a govermnental responsibility."
C. The Washington State Legislature in RCW 70.95.010(6)(c) found that it is the
responsibility of city and county governments to "assume primary responsibility for
solid waste management and to develop and implement aggressive and effective
waste reduction and source separation strategies."
D. The production, use and disposal of plastic carryout bags have significant adverse
impacts on the environment.
E. It is the City's desire to conserve resources, reduce greenhouse gas emissions, waste,
litter and marine litter and pollution and to protect the public health and welfare.
F. There is a need to conserve energy and natural resources and control litter, and less
reliance on single-use carryout bags provided by retail establishments works towards
those goals.
G. Plastic carryout bags are made of nonrenewable resources and plastic never
biodegrades and only breaks down into smaller and smaller particles which seep into
soils or are carried into rivers and lakes, Puget Sound and the world's oceans posing a
threat to animal life and the natural feed chain.
H. Even though single-use paper carryout bags are made from renewable resources and
are less of a litter and particularly marine litter problem than single-use plastic
carryout bags, they nevertheless require significant resources to manufacture,
transport and recycle or dispose of
L To prevent waste generation it is in the City's interest to discourage the use of single-
use, throw-away items of all types which can be accomplished through price signals.
Ordinance 3076
Plastic and Biodegradable Carryout Bags
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J. To reduce the use of plastic and paper carryout bags in the City, it is necessary to
regulate such use.
K. It is in the best interest of the health, safety and welfare of the people of the City that
regulations require a pass-through charge on the use of recyclable paper carryout bags
in order to encourage greater use of reusable bags, to reduce the cost of solid waste
disposal by the City, and to protect the environment.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. A new Chapter 6.26 - Single-use plastic and recyclable paper
carryout bags of the City of Port Townsend Municipal Code is hereby added to read as
follows:
See Exhibit A
This ordinance amends Chapter 6 of the PTMC to add a new section 6.26.
SECTION 2. It shall be a violation of this ordinance for any retail establishment
to penalize, discipline, or discriminate against any employee for performing any duty
necessary to comply with the ordinance.
SECTION 3. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of
this ordinance.
SECTION 4. This ordinance shall take effect and be in force on November 1, 2012,
which is more than five days after the date of its publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 2nd day of July 2012
C
David King, Mayor
Attest: Approved as to Form.
Pamela Kolacy, MMC, City C,` rk John P. Watts, City Attorney
Exhibit A to Ordinance 3076
Plastic and Biodegradable Carryout Bags
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EXHIBIT A
6.26- Single-use plastic and recyclable paper carryout bags
6.26.010 - Single-use plastic and recyclable paper carryout bags
A. No retail or wholesale establishment in the City shall provide a single-use plastic carryout
bag to any customer.
B. No retail or wholesale establishment shall provide a paper carryout bag with a
manufacturer's stated capacity of one-eighth barrel (882 cubic inches) or larger that is not
a recyclable paper bag, and retail or wholesale establishments shall collect a pass-through
charge of not less than five cents for each recyclable paper carryout bag provided to
customers. It shall be a violation of this section for any retail or wholesale establishment
to pay or otherwise reimburse a customer for any portion of the pass-through charge;
provided that retail or wholesale establishments may not collect a pass-through charge for
a transaction from anyone using for that transaction a voucher or electronic benefits card
issued under the Women, Infants and Children (WIC) or Temporary Assistance to Needy
Families (TANF) support programs, or the federal Supplemental Nutrition Assistance
Program (SNAP, also known as Basic Food), or the Washington State Food Assistance
Program (FAP), or similar program.
C. All retail and wholesale establishments shall indicate on the customer transaction receipt
the number of recyclable paper carryout bags provided and the total amount of the pass-
through charge.
D. All retail and wholesale establishments shall comply with the requirements of this section
by November 1, 2012.
E. For purposes of this section, the following definitions apply:
1. "Carryout bag"means a bag that is provided by a retail or wholesale
establishment at the check stand, cash register, point of sale or other point of departure to
a customer for the purpose of transporting food or merchandise out of the establishment.
Carryout bags do not include: (a) bags used by customers inside stores to package bulk
items such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware
items, such as nails and bolts, or to contain or wrap frozen foods, meat or fish, whether
prepackaged or not, or to contain or wrap flowers or potted plants, or other items where
dampness may be a problem, or to contain unwrapped prepared foods or bakery goods, or
to contain prescription drugs, or to safeguard public health and safety during the
transportation of prepared take-out foods and prepared liquids intended for consumption
away from the retail or wholesale establishment; or(b) newspaper bags, door-hanger
Exhibit to Ordinance 3076
Plastic and Biodegradable Carryout Bags
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bags, laundry-dry cleaning bags, bags used for large items like poster boards from art
stores, or bags sold in packages containing multiple bags intended for use as garbage, pet
waste, or yard waste bags. In addition, carryout bags do not include bags used by
wholesalers for which there is no acceptable alternative to using a single-use plastic
carryout bag such as protection or service where the product is unique in size or shape.
2. "Pass-through charge" means a charge to be collected by retailers or
wholesalers from their customers when providing recyclable paper bags, and retained by
retailers or wholesalers to offset the cost of bags and other costs related to the pass-
through charge.
3. "Recyclable paper bag" means a carryout bag that has a manufacturer's
stated capacity of one-eighth barrel (882 cubic inches) or larger and meets the following
requirements: (a) contains a minimum of 40 percent post-consumer recycled materials,
and (b) displays the minimum percent of post-consumer content on the outside of the
bag.
4. "Retail establishment"means any person, corporation, partnership,
business venture, public sports or entertainment facilities, government agency, street
vendor or vendor at public events or festivals or organizations that sell or provide
merchandise, goods or materials including, without limitation, clothing, food, beverages,
household goods, or personal items of any kind directly to a customer. Examples include
but are not limited to department stores, clothing stores,jewelry stores, grocery stores,
pharmacies, home improvement stores, liquor stores, convenience stores, gas stations,
restaurants, food vending trucks, farmers markets and temporary vendors of food and
merchandise at street fairs and festivals. Food banks and other food assistance programs
are not considered to be retail establishments for the purposes of this section.
5. "Single-use plastic carryout bag"means any carryout bag made from
plastic or any material marketed or labeled as "biodegradable" or "compostable"that is
neither intended nor suitable for continuous reuse as a carryout bag or that is less than
2.25 mils thick.
F. The City Manager may exempt a retail or wholesale establishment from the requirements
of this Chapter for up to a one year period, upon a request by the establishment showing
that the conditions of this Chapter would cause undue hardship. An undue hardship shall
only be found in:
1. Circumstances or situations unique to the particular establishment such that
there are no reasonable alternatives to single-use plastic carryout bags or a
paper bag pass-through chargecannot be collected; or
Exhibit to Ordinance 3076
Plastic and Biodegradable Carryout Bags
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2. Circumstances or situations unique to the establishment such that compliance
with the requirements of this chapter would deprive a person of a legally
protected right.
If an establishment requires an exemption beyond the initial exemption period, the
establishment must reapply prior to the end of the exemption period and must
demonstrate continued undue hardship if it wishes to have the exemption extended.
Extensions may only be granted for intervals not to exceed one year.
An exemption request shall include all information necessary for the City to make its
decision, including but not limited to documentation showing the factual support for the
claimed exemption. The City Manager may require the applicant to provide additional
information to permit the City to determine facts regarding the exemption request.
The City Manager may approve the exemption request, in whole or in part, with or
without conditions.
Exemption decisions are effective immediately, are final and are not appealable.
The City Council may by resolution establish a fee for exemption requests. The fee shall
be sufficient to cover the costs of processing the exemption request.
F. Violation; penalties.
1. Director's Authority. Whenever the development services director or his
or her designee ("director") determines that a condition exists in violation of this chapter
or any standard required to be adhered to by this chapter, or in violation of any permit
issued hereunder, he or she is authorized to enforce the provisions of this chapter.
2. Chapter 1.20 PTMC Applicable. All violations of any provision of this
chapter or incorporated standards, or of any permit or license issued hereunder, are
declared nuisances and made subject to the administration and enforcement provisions of
Chapter 1.20 PTMC, including any amendments, and including but not limited to
abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which
are incorporated by reference as if set forth herein.