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Suffolk County (NY) Ban of Plastic Grocery Bags
and other Plastic Food Containers
Chapter 301, FOOD LABELING AND PACKAGING ARTICLE II, Uniform Packaging
Practices for Retail Food Establishments
[Adopted 3-29-1988 by L.L. No. 10-1988 EN]
[Amended 4dec91]
§ 301-7. Legislative intent.
A. This Legislature
finds that discarded packaging constitutes the largest single
category of waste within Suffolk County's waste stream and is,
therefore, a necessary focus of any effort to reduce the filling
of the municipal landfills within Suffolk County, as well as to
reduce the economic and environmental costs of waste management
for the citizens of this county.
B. This Legislature
also finds that discarded nonbiodegradable packaging and plastic
contained within the waste stream of Suffolk County is a fundamental
cause of problems associated with municipal waste disposal.
C. This Legislature
further finds that landfill space within Suffolk County is diminishing
rapidly; that state law currently in effect precludes the establishment
of new landfills on Long Island within deep-flow recharge areas
after 1990 and mandates closure of existing ones in these groundwater-sensitive
areas by that date; that solid waste receiving areas outside of
Long Island are becoming increasingly uncertain and expensive;
and that, for both economic and environmental reasons, measures
to simplify the chemical complexity of solid waste and, thereby,
streamline solid waste management must be vigorously pursued.
D. This Legislature
hereby finds that the chemical composition and ability of a substance
to biodegrade are meaningful and useful criteria to focus upon
when establishing public policy that is intended to improve the
management and disposal of solid waste, reduce the cumulative
impact of litter, encourage composting and other forms of recycling,
minimize the potential for toxic substances to form if solid waste
is burned, reduce the volume of ash by-products that may be created
by any burning of waste plastic packaging and otherwise anticipate
environmental problems that may be caused by municipal solid waste
disposal programs.
E. This Legislature
also hereby finds and determines that the use of plastics and
other nonbiodegradable packaging has become widespread throughout
the County of Suffolk and that the resulting mixed substance waste
stream is a serious impediment to many solid waste management
programs that are being considered for this county.
F. This Legislature
further finds that the widespread use of plastics, especially
polystyrene and polyvinyl chloride, poses a threat to the environment
in the County of Suffolk by causing excessively rapid filling
of landfill space or, if incinerated, by the possible introduction
of toxic by-products into the atmosphere and general environment
of Suffolk County.
G. This Legislature
finds that the economic and environmental problems associated
with Suffolk's mixed-substance waste stream are so severe that
a program to incrementally simplify the chemical composition of
solid waste, thereby reducing environmental hazards and toxicity
associated with solid waste incineration and encouraging the composting
of putrescible biodegradable wastes and encouraging other forms
of recycling of solid waste substances, is hereby determined to
be a policy goal of Suffolk County.
H. This Legislature
determines that the waste stream within Suffolk County is so large
and diverse that any program to establish policies and laws conducive
to any waste management program in lieu of landfilling must identify
and set new policy for those specific sources of waste packaging
which originate within this county.
I. This Legislature
determines that certain retail establishments within Suffolk County
are points of origin for a substantial volume of packaging waste
and, therefore, are particularly susceptible to actions which
have significant potential for simplifying the chemical composition
of this portion of Suffolk's solid waste stream, thereby improving
solid waste management within this county.
J. This Legislature
finds that the use of polystyrene and polyvinyl chloride for food
packaging is problematical because neither of these plastic species
is readily recyclable; their abundant commercial use in lieu of
other plastic species such as polyethylene or polypropylene unnecessarily
complicates the overall chemical composition of municipal waste
and subtracts from the possible emergence of a viable plastic
recycling market for this region; and, if burned together, polystyrene
and polyvinyl chloride leave a relatively heavier and therefore
more expensive ash residue to dispose of which may also create
dioxin, hydrochloric acid or other toxic chemicals that could
be emitted into the general environment of Suffolk County.
K. This Legislature
finds that there are readily available plastic and/or paper product
substitutes for most of the polystyrene and polyvinyl chloride
retail food packaging now being used in Suffolk County, the use
of which alternatives would be environmentally and economically
advantageous to the people of Suffolk County.
L. This Legislature
finds that plastic bags in the waste stream constitute an impediment
to the development of efficient waste separation, recycling or
other waste management programs and are less desirable than paper
bags because plastic bags are neither recyclable nor compostable.
M. This Legislature
finds that plastic bags used by retail establishments selling
food constitute the largest single retail source of plastic bags
in the waste stream.
N. Therefore,
the purpose of this Article is to incrementally, to the maximum
extent practicable, eliminate the use of nonbiodegradable packaging
originating at retail establishments within Suffolk County in
order to protect the air, land and waters of Suffolk County against
environmental contamination and degradation.------------------------------------------------------------------------
§ 301-8. Definitions. [Amended 12-4-1991 by L.L. No. 34-1991]
NOTE: Local Law No. 34-1991 also amended §§ 301-9, 301-11,
301-12 and 301-13 of this chapter and provided as follows: Section
1. Legislative intent.
This Legislature hereby finds and determines that Local Law No.
10-1988 was enacted as a first step in what will be an incremental
process of comprehensively regulating the disposal of solid waste
products and encouraging the use of biodegradable products in
order to reduce the number of toxic or long-lived products in
the wastestream within the County of Suffolk.
This Legislature also finds and determines that certain technical
changes are necessary to fine-tune the provisions of this law
in order to ensure a smooth transition from nonregulation into
full implementation of said legislation, now that the authority
of the County legislature to enact such legislation has been upheld
by the New York State Court of Appeals.
This Legislature further finds and determines that retail food
establishments should be encouraged to recycle and reuse packaging.
This Legislature further finds and determines that, for nutritional
assistance homebound delivery programs, the use of packaging,
otherwise prohibited under said local law, is necessary.
This Legislature further finds and determines that affected retail
establishments should be allowed to use up preordered items because,
in the absence of their ability to do so, these items would, in
any event, be disposed of and ultimately placed into local landfills.
This Legislature also determines that additional retail establishments
have sprung up since enactment of Local Law No. 10-1988 which
are engaged in retail transactions that affect products covered
by the original "Plastics Law."
The Legislature further finds that this local law will prevent
needless economic harm to affected business establishments in
Suffolk County, and allow such establishments to become familiar
with the rules and regulations being promulgated by the County
Department of Health Services and to identify and purchase alternate
replacement items.
This Legislature also finds that a temporary delay in addressing
the food tray and lid cover issue pending a formal study and assessment
by the County Department of Health Services would be desirable.
Therefore, the purpose of this law is to clarify and enact technical
modifications to Local Law No. 10-1988 for its smooth implementation,
to encourage recycling and reuse of plastic packaging and to allow
retail food establishments to exhaust existing inventories over
a reasonable period of time, including an expansion of the scope
of the law to conform to changes in the marketplace and to afford
a reasonable transition period for the implementation of the food
tray and lid cover provisions. Section 3. Applicability.
A. This law shall
apply to all transactions occurring on or after January 1, 1992.
B. Section 301-9B
of the Suffolk County Code shall not apply to food trays prior
to January 1, 1993. The Commissioner shall conduct an assessment
and evaluation of the issue of using biodegradable packaging for
meat trays from a public health perspective only and report his
or her findings to the County Executive and County Legislature
no later than October 1, 1992. The County Legislature may then
act on such findings no later than November 30, 1992.
C. Section 301-9B
of the Suffolk County Code shall not apply to lids or plastic
covers prior to January 1, 1993. The Commissioner shall conduct
an assessment and evaluation of availability of biodegradable
packaging as a substitute for plastic lids or plastic covers and
report his or her findings to the County Executive and County
Legislature no later than October 1, 1992. The County Legislature
may then act on such findings no later than November 30, 1992.
D. Enactment of
this law shall not affect the validity of any fines or sanctions
imposed prior to the effective date of this law for violations
of Local Law No. 10-1988.
As used in this Article, the following terms shall have the meanings
indicated:
BIODEGRADABLE PACKAGING -- Packaging made of cellulose-based or
other substances that undergo significant changes in its chemical
structure as a result of the action of naturally occurring microorganisms
such as bacteria, fungi and algae. The ultimate products of this
process should be carbon dioxide, water and compost (humus). This
biodegradation process does not generate any intermediate or final
products that would be detrimental to public health.
COMMISSIONER -- The Commissioner of the Suffolk County Department
of Health Services.
PACKAGING -- All food-related wrappings, adhesives, cords, bindings,
strings, bags, boxes, containers and disposable or nonreusable
plates, cups, eating utensils or drinking utensils intended for
use within Suffolk County.
RETAIL FOOD ESTABLISHMENT -- Each sales outlet, store, shop or
other place of business located within the County of Suffolk which
operates primarily to sell or convey food directly to the ultimate
consumer, which foods are predominantly contained, wrapped or
held in or on packaging. "Retail food establishment"
shall include, but not be limited to, any place where food is
prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged,
handled, stored, manufactured and sold or offered for sale, including
but not limited to each fixed or mobile restaurant, drive-in,
coffee shop, cafeteria, short-order cafe, delicatessen, luncheonette,
grill, sandwich shop, soda fountain, tavern, bar, cocktail lounge,
nightclub, roadside stand, prepared-food takeout place, industrial
feeding establishment, catering kitchen, commissary, grocery store,
convenience store, public food market, food stand or similar place
in which food or drink is offered for sale or for service on the
premises or elsewhere, and any other establishment or operation,
including homes, where food is processed, prepared, stored, served
or provided for the public for charge. [Amended 3-3-1992 by L.L.
No. 5-1992 EN]
SMALL BUSINESS -- Any retail food establishment that provides
food service and employs no more than 100 full-time employees.
[Added 3-3-1992 by L.L. No. 5-1992EN]
§ 301-9. Biodegradable packaging required. [Amended 12-4-1991
by L.L. No. 34-1991EN; 3-8-1994 by L.L. No. 3-1994]
NOTE: Local Law No. 3-1994 also amended §§ 301-11 and
301-12 and added §§ 301-17 and 301-18 and also provided
as follows: Section 1. Legislative intent.
This Legislature hereby finds and determines that since the state-mandated
closure of all Long Island landfills and enactment of the Suffolk
County Plastics Law No. 10-1988, each of Suffolk's towns has implemented
sound recycling programs to comply with state mandates and address
source reduction.
This Legislature finds that excess packaging constitutes a major
category of waste within Suffolk County's wastestream and that
paper, in particular, is a fundamental concern associated with
municipal waste disposal.
This Legislature further finds that recycling and/or source reduction
can have a beneficial impact in alleviating the problems associated
with municipal waste disposal.
This Legislature also finds and determines that the development
and implementation of a sound recycling and source reduction program
for plastic materials can have a major beneficial impact in reducing
the problems associated with municipal waste disposal.
This Legislature finds that packaging, including polystyrene and
polyvinyl chloride, can be recycled into useful products.
This Legislature finds that the development and implementation
of a recycling and source reduction program will be environmentally
and economically beneficial to Suffolk County.
This Legislature finds that numerous businesses, schools and government
agencies in Suffolk County have begun source separation and/or
recycling programs.
This Legislature also finds that a written statement from the
New York State Department of Environmental Conservation has determined
that: "The materials the Local Law (Local Law No. 10-1988)
proposed to ban are products that are potentially recyclable.
As such, the ban on the use of polystyrene and polyvinyl chloride
plastics may not have a positive environmental impact."
This Legislature also finds that Local Law No. 34-1991 directed
the County Department of Health Services to conduct an assessment
and evaluation of the use of meat trays from a public health perspective
and to determine the availability of biodegradable packaging as
a substitute for plastic lids or plastic covers, which report
was issued on October 23, 1992.
This Legislature further finds that a study of the environmental
impact of the plastics law, undertaken by the Waste Management
Institute at the request of the County Executive and this body,
was completed in September of 1993, and among the many recommendations,
urged the law to promote recycling rather than attempt to ban
certain items. To that end, Suffolk County hereby determines to
aggressively pursue an educational program to foster waste reduction
and recycling programs that support the findings of this study.
Therefore, the purpose of this Article is to reduce the volume
of plastic now being disposed of as solid waste; to encourage
the continuation and expansion of recycling by businesses in Suffolk
County; and to encourage the use of recycled material in Suffolk
County.
Section 2. Definitions.
A. "Commissioner"
shall mean the Commissioner of the Suffolk County Department of
Health Services.
B. "Packaging"
shall mean all food-related wrappings, boxes, containers and disposable
or nonreusable plates, cups, eating utensils or drinking utensils
intended for use within Suffolk County.
C. "Retail
food establishment" shall mean each sales outlet, store,
shop or other place of business located within the County of Suffolk
which operates primarily to sell or convey food directly to the
ultimate consumer, which foods are predominantly contained, wrapped
or held in or on packaging. "Retail food establishment"
shall include, but not be limited to, any place where food is
prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged,
handled, stored, manufactured and sold or offered for sale, including,
but not limited to, each fixed or mobile restaurant, drive-in,
coffee shop, cafeteria, short-order cafe, delicatessen, luncheonette,
grill, sandwich shop, soda fountain, tavern, bar, cocktail lounge,
nightclub, roadside stand, prepared food takeout place, industrial
feeding establishment, catering kitchen, commissary, grocery store,
convenience store, public food market, food stand or similar place
in which food or drink is offered for sale or for service on the
premises or elsewhere, and any other establishment or operation,
including homes, schools, hospitals and nursing homes, where food
is processed, prepared, stored, served or provided to the public
at large, employees, students and visitors.
D. "Small
business" shall mean each retail food establishment that
provides food service and employs no more than 20 full-time employees,
except retail food establishments which are institutional food-service
operations that serve food principally to the population and employees
of and visitors to the institution rather than to the public at
large.
No retail food establishment located and doing business within
the County of Suffolk shall sell, give or provide individual eating
utensils, individual food containers or other packaging to any
consumers within the County of Suffolk if such individual eating
utensil or individual food container is composed of polystyrene
or polyvinyl chloride. Nothing contained herein shall, however,
prohibit a retail food establishment from selling or offering
for sale to consumers commercially prepackaged eating or drinking
utensils sold in bulk, food containers sold in bulk or other packaging
sold in bulk. This subsection applies only to eating utensils,
food containers or other packaging which is added to or placed
with a food product at the site of the retail food establishment.
§ 301-10. Rules and regulations.
The Commissioner of the Department of Health Services shall issue
and promulgate such rules and regulations as may be necessary
to implement and carry out the provisions of this Article.
§ 301-11. Variances. [Added 12-4-1991 by L.L No. 34-1991
EN; amended 3-8-1994 by L.L. No. 3-1994EN]
The Commissioner may issue and grant such variances from the provisions
of this Article as he or she shall deem appropriate, subject to
the following requirements:
A. A written
application for a variance shall be submitted to the Commissioner.
B. A copy of each
variance application shall be submitted to the Clerk of the Suffolk
County Legislature upon receipt by the Commissioner.
C. The Commissioner
may, in his or her discretion, request additional information
from the applicant. No public hearing regarding the variance shall
be held prior to receipt of such information.
D. A public hearing
regarding the proposed variance shall be held upon appropriate
notice to the public and to interested parties. The Commissioner
shall maintain a list of environmental organizations and other
parties who have indicated a desire to be notified of all requests
for variances. At a minimum, the Commissioner shall notify the
applicant and those parties on the list described above for a
variance by mail. The Commissioner shall notify additional parties
upon request. The Commissioner may, in his or her discretion,
supplement these notice provisions.
E. The Commissioner
shall approve or disapprove the application, in writing, within
30 days after the public hearing.
F. The circumstances
under which a variance may be granted shall be limited to the
following:(1)
A variance may be granted either for packaging utilized by one
or more retail food establishments or on a product-wide basis
for a particular type of packaging utilized by one or more retail
food establishments.
(2) A variance
may be granted where the Commissioner is provided with satisfactory
written evidence and finds and determines that a substitute product
compatible with the requirements of this law is not commercially
available to retail food establishments located and doing business
within the County of Suffolk.
§ 301-12. Exemptions. [Amended 12-4-1991 by L.L. No. 34-1991;
3-8-1994 by L.L. No. 3-1994EN]
Section 301-9 of this Article shall not apply to the following
items:
A. Any flexible
transparent covering for uncooked or raw meat, poultry, raw fish,
hard cheese, cold cuts, fruit and vegetable produce, baked goods
or bread.
B. Any food packaging
used for in-room patient care only at hospitals, nursing homes
or not-for-profit nutritional assistance programs such as Meals
on Wheels or similar home-bound delivery services.
C. Any paper or
other cellulose-based packaging that is coated with polyethylene
plastic on only one side.
D. Any plastic
covers, covering material, food containers, lids, eating utensils
or straws that are not made of polystyrene or polyvinyl chloride.
E. Point-of-sale
packaging used for purchased goods that is intended for reuse
and provided at the point of sale by the purchaser of the goods
(carry-out grocery bag).
F. Any food packaging
that is used at a particular retail food establishment or other
such self-contained site in which all of the particular waste
plastic does not leave the confines of the building, is on-site
separated from the other portion of the establishment's waste
and is conveyed without being remixed with any part of the wastestream
to an appropriate recycling plant or reprocessing facility:(1)
This exemption may be utilized in a retail food establishment
which meets the requirements of Subsection F, provided that the
owner or operator submits a written assurance verifying that the
requirements of Subsection F are and will be complied with. Such
written assurance shall be submitted to the Commissioner on an
annual basis.G.
Any small business. To qualify under this exemption, the retail
food establishment shall file written documentation with the Department
establishing its status as such, signed and sworn to by the owner,
payroll director or duly authorized individual of such establishment.
§ 301-13. Enforcement. [Amended 12-4-1991 by L.L. No. 34-1991]
A. This Article
shall be enforced by the Suffolk County Department of Health Services
in accordance with the provisions of Article II, § 760-200
et seq., of the Suffolk County Sanitary Code.
B. Any retail
food establishments covered by § 301-9 of this Article may
use, sell, donate, provide or convey existing supplies of products
or materials, the use of which would otherwise constitute a violation
of this Article, through the 90th day after the rules and/or regulations
implementing said law are finally issued and formally promulgated
by the County Department of Health Services. The Commissioner
shall promulgate such rules and/or regulations on or before December
31, 1991.
§ 301-14. Penalties for offenses.
Willful failure to comply with § 301-9 and/or the regulations
of § 301-10 of this Article shall constitute a violation
punishable by a civil fine of $500 for each violation.
§ 301-15. Determination of environmental impact.
A. This Legislature,
being the State Environmental Quality Review Act (SEQRA) lead
agency, hereby finds and determines that this Article constitutes
an unlisted action pursuant to Section 617.2 of the New York Codes,
Rules and Regulations (NYCRR) and will not have a significant
adverse impact on the environment within the meaning of §8-0109,
Subdivision 2, of the New York Environmental Conservation Law
for the following reasons:(1)
Enactment of this Article will not exceed any of the criteria
in Section 617.11 of Title 6 of NYCRR, which sets forth thresholds
for determining significant effects on the environment.
(2) The Article
will mainly result in beneficial environmental impacts, including
the following:(a)
It will encourage recycling of solid waste products.
(b) It will provide
enhanced protection of groundwater quality.
(c) It will slow
down rapid filling of landfill space.
(d) It will simplify
the chemical composition of solid waste and thereby reduce the
environmental hazards and toxicity associated with solid waste
incineration.
(e) It will reduce
the cumulative impact of litter.
B. Furthermore,
in accordance with § C1-4A(1)(d) of the Suffolk County Charter
and § 279-5C(4) of the Suffolk County Code, the Suffolk County
Council on Environmental Quality (CEQ) is hereby directed to prepare
and circulate a SEQRA notice of determination of nonsignificance
in accordance with the law.
§ 301-16. Preemption.
This Article shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or
substantially similar provisions as are contained in this Article
or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action
by the County of Suffolk. The County Legislature may determine
via mere resolution whether or not identical or substantially
similar statewide legislation has been enacted for the purposes
of triggering the provisions of this section.
Note: Local Law No. 4-1990, adopted 1-30-1990, delayed the effective
date of the law appearing as this Article and provided as follows:
Section 1. Legislative intent.
This Legislature also hereby finds and determines that the use
of plastics has become widespread throughout the county.
This Legislature finds that recycling and/or source reduction
of packaging can have a beneficial impact in reducing the problems
associated with municipal waste disposal.
This Legislature also finds that plastic packaging, including
polystyrene and polyvinyl chloride, can be recycled into useful
products or can be reduced through source reduction.
This Legislature further finds that development and implementation
of sound recycling and/or source reduction programs for plastic
packaging materials can have a major beneficial impact in reducing
the problems associated with municipal waste disposal in this
county.
This Legislature further finds and determines that the imposition
of a moratorium on the implementation of Local Law No. 10-1988
through January 30, 1990, does not provide sufficient time for
the appeal of a lawsuit against Local Law No. 10-1988, entitled
Society of Plastics Industry, Inc., et al., v. County of Suffolk,
et al., to be determined nor sufficient time to establish a Plastics
Recycling Commission to study the feasibility of developing a
plastic packaging Recycling/Source Reduction Plan.
Therefore, the purpose of this law is to extend a moratorium on
the implementation of Local Law No. 10-1988 so as to allow a Plastics
Recycling Commission, to be created by law, sufficient time to
analyze the feasibility of developing a plastic packaging Recycling/Source
Reduction Plan and to allow the appeal of the above-described
lawsuit against Local Law No. 10-1988 to be determined by the
Appellate Division of the Supreme Court of the State of New York.
Section 2. Definitions.
A. PLASTIC PACKAGING
shall mean all food-related plastic wrappings, adhesives, cords,
bindings, strings, bags, boxes, cups, containers and disposable
or nonreusable plates.
B. FOOD-RELATED
PLASTIC PACKAGING shall mean plastic packaging used in retail
food establishments.
Section 3. Moratorium.
The applicability date of Local Law No. 10-1988 to retail transactions
is hereby extended and postponed to June 30, 1990, or until 60
days after the Appellate Division of the Supreme Court of the
State of New York (2nd Department) issues a formal written decision
in a case entitled Society of Plastics Industry, Inc., et al.,
v. County of Suffolk, et al., whichever date occurs first.
Local Law No. 19-1991, adopted 6-13-1991, provided for the subsequent
implementation of this Article and reads as follows:
Section 1. Legislative intent.
This Legislature hereby finds and determines that the use of
plastics has become widespread throughout the county.
This Legislature further finds and determines that the New York
State Court of Appeals' decision in a lawsuit against Local Law
No. 10-1988, entitled, "Society of Plastics Industry, Inc.,
et al. v. County of Suffolk, et al.," has upheld the validity
of Local Law No. 10-1988 which would result in immediate implementation
of said law.
Therefore, the purpose of this law is to clarify the process of
implementation. Section 2. Moratorium.
The applicability date of Local Law No. 10-1988 to retail transactions
is hereby extended and postponed to the ninetieth day after the
rules and/or regulations implementing said law are finally issued
and formally promulgated by the County Department of Health Services
or December 31, 1991, whichever date occurs first.
Section 3. Applicability.
Enactment of this law shall not affect the validity of any fines
or sanctions imposed prior to the effective date of this law for
violations of Local Law No. 10-1988. Local Law No. 5-1992, adopted
3-3-1992, Section 3 of which amended § 301-8 of this chapter,
postponed the applicability of this Article and provided as follows:
Section 1. Legislative intent.
This Legislature hereby finds and determines that the use of
plastics has become widespread throughout the county.
This Legislature finds that recycling and/or source reduction
of packaging can have a beneficial impact in reducing the problems
associated with municipal waste disposal.
This Legislature also finds that plastic packaging, including
polystyrene and polyvinyl chloride, can be recycled into useful
products or can be reduced through source reduction.
This Legislature further finds that development and implementation
of sound recycling and/or source reduction programs for plastic
packaging materials can have a major beneficial impact in reducing
the problems associated with municipal waste disposal in this
county.
This Legislature further finds and determines that the imposition
of a moratorium on the implementation of Local Law No. 10-1988
through December 31, 1992, for small businesses would provide
sufficient time for a study of the feasibility of developing a
comprehensive Plastic Packaging Recycling/Source Reduction Plan.
Therefore, the purpose of this law is to impose a moratorium on
the implementation of Local Law No. 10-1988 so as to allow sufficient
time to analyze the feasibility of developing a comprehensive
plastic packaging Recycling/Source Reduction Plan and to alleviate
the economic burdens that small businesses may experience if full
implementation of the Plastics Law occurs prior to the development
of a comprehensive Plastic Packaging Recycling/Source Reduction
Plan and also to clarify application of Plastics Law to individual
franchises.
Section 2. Definitions.
A. PLASTIC PACKAGING
shall mean all food-related plastic wrappings, adhesives, cords,
bindings, strings, bags, boxes, cups, containers and disposable
or nonreusable plates.
B. FOOD-RELATED
PLASTIC PACKAGING shall mean plastic packaging used in retail
food establishments.
Section 4. Moratorium.
The applicability date of Local Law No. 10-1988 to retail transactions
of small businesses is hereby extended and postponed to December
31, 1992. A retail food establishment that wishes to qualify under
the provisions of this section shall file with the Department,
no later than 45 days subsequent to the effective date of this
law, written documentation establishing its status as a small
business signed and sworn to by the payroll officer and/or owner.
Section 5. Applicability.
Enactment of this law shall not affect the validity of any fines
or sanctions imposed prior to the effective date of this law for
violations of Local Law No. 10-1988.
Local Law No. 10-1993, adopted 3-9-1993, extended the moratorium
of this Article as follows:
Section 1. Legislative intent.
This Legislature hereby finds and determines that on November
20, 1991, Ray E. Cowen, Regional Director of the New York State
Department of Environmental Conservation, testified before the
Energy and Environment Committee of the County Legislature regarding
the need to delay implementation of the "Plastics Law,"
Local Law No. 10-1988, to take a comprehensive look at alternatives
to plastic and the effects of the Plastics Law on future recycling
and solid waste control efforts.
This Legislature further finds that on June 17, 1992, the Suffolk
County Council on Environmental Quality, underscored the need
for a moratorium to study the Plastics Law and possible replacements
thereof.
This Legislature further finds that the Suffolk County Recycling
Commission also recommended that a study be undertaken of environmental
impacts resulting from use, recycling and disposal of plastics
and alternatives to plastics.
This Legislature further finds that dramatic changes have occurred
in the solid waste, recycling and disposal fields over the past
several years.
This Legislature further finds that these changes should be taken
into account prior to implementation of Local Law No. 10-1988.
This Legislature further finds that implementation of Local Law
No. 10-1988 prior to additional study may not be environmentally
sound and may cause hardship to small businesses, as defined by
the law.
This Legislature further finds that the Waste Management Institute
of the Marine Sciences Research Center, State University of New
York at Stony Brook, has agreed to conduct a study defining environmental
problems associated with plastics and alternatives to plastic
within the county's waste stream and to recommend appropriate
legislation.
This Legislature further finds that the study would be conducted
at no cost to the County.
This Legislature further finds that the Waste Management Institute
is well qualified to conduct a study and has engaged in extensive
research on solid waste management issues, including issues related
to degradable plastics, thermoplastic stabilization of incineration
ash and manufacture of lumber from recycled plastic.
This Legislature further finds that the expected completion date
of this study will be within nine months of adoption of this local
law.
Therefore, the purpose of this local law is to extend the moratorium
on the applicability date of Local Law No. 10-1988, as amended,
for small businesses to permit completion of the study by the
Waste Management Institute.
Section 2. Moratorium extension.
The applicability date of Local Law No. 10-1988, as amended,
to retail transactions of small businesses is hereby extended
and postponed to September 30, 1993. The extended moratorium shall
be applicable to all small businesses which have previously qualified
for the moratorium. Any other retail food establishment that wishes
to qualify for the moratorium shall file written documentation
establishing its status as a small business, signed and sworn
to by the payroll officer and/or owner, with the Suffolk County
Department of Health Services, no later than 45 days subsequent
to the effectivedate of this law.
§ 301-17. Recycling. [Added 3-8-1994 by L.L. No. 3-1994
EN]
A. Each resident
of Suffolk County is hereby strongly urged and encouraged to physically
separate polystyrene (styrofoam) packaging from all other garbage
or waste materials in those towns or villages in which a separate
polystyrene packaging residential dropoff site(center) is offered
as part of a municipally approved recycling program.
B. The Suffolk
County Executive is hereby authorized and empowered to notify
all towns or villages located within the County of Suffolk to
implement Subsection A of this section.
C. Any town or
village that enacts a law or resolution authorizing or establishing
a separate polystyrene packaging drop-off site (center) is hereby
requested to notify the Department within 30 days after enactment
of such resolution.
§ 301-18. Commercial recycling. [Added 3-8-1994 by L.L.
No. 3-1994EN]
A. All retail
food establishments, hospital cafeterias, schools, nursing homes
and corporation cafeterias, but not small businesses, may comply
with § 301-9 of the Suffolk County Code by establishing a
program for the physical separation of the plastic packaging regulated
by this Article for pickup by a carter or contract vendor, said
program to be certified as acceptable for the purposes of this
law by the Department.
B. Section 301-9
of the Suffolk County Code shall not apply to any retail food
establishment which has a program that accepts the return of nonbiodegradable
packaging at a designated place of business pursuant to an approved
program certified by the Department as acceptable or which has
a program that offers consumers a choice between using biodegradable
or nonbiodegradable packaging for transporting a purchased item
at the conclusion of a sales transaction.
C. Section 301-9
of the Suffolk County Code shall not apply to any retail food
establishment, located within a town or village that has approved
a recycling program in compliance with § 301-17 of this Article,
which retail food establishment has implemented an approved program
certified by the Department as acceptable for the purpose of separating
polystyrene products for direct conveyance to an appropriate recycling
plant or reprocessing facility.
source: http://www.co.suffolk.ny.us/legis/
18mar01
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