Town of East Hampton
Long Island, NY

Resolution
RES-2019-169

Adopt Local Law Prohibition of Polystyrene Items

Information

Department:Town AttorneySponsors:Councilwoman Sylvia Overby
Category:Local LawFunctions:Local Laws

Attachments

  1. Printout

Body

WHEREAS, the Town Board held public hearings on January 17, 2019 to consider a local law to add a prohibition against the provision of polystyrene containers by establishments located in the Town of East Hampton; and

WHEREAS, after considering the matter and the comments of the public at the time of hearings, the Town Board believes that the enactment of this local law is in the best interests of the Town of East Hampton; and

 

WHEREAS, the proposed local law is an Unlisted Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code; and

 

WHEREAS, the Town Board has prepared and considered an Environmental Assessment Form which evaluates the potential environmental impacts of the proposed amendment; and

 

WHEREAS, the Board has determined that the adoption of this Local Law will not have a significant negative impact upon the environment; and now, therefore be it

 

RESOLVED, that a negative declaration is hereby adopted pursuant to the State Environmental Quality Review Act (SEQRA); and be it further

 

RESOLVED, said Local Law is hereby adopted to read as follows:

 

INTRODUCTORY NO.  __19__ of 2018

LOCAL LAW NO. __3___ of 2019

A LOCAL LAW to amend Chapter 83 (Retail Checkout Bags) of the Town Code to add a prohibition against the provision of polystyrene containers by establishments located in the Town of East Hampton.

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

SECTION 1.              Legislative Intent.

Polystyrene foam, commonly referred to as Styrofoam, is a petroleum-based plastic made from the styrene monomer.  Styrene has been identified as a potential human carcinogen by the United States Department of Health and Human Services and the International Agency for Research of Cancer. The Environmental Protection Agency (EPA), Food and Drug Administration (FDA) and Occupational Safety and Health Administration (OSHA) have all set styrene exposure levels (EPA-drinking water, FDA-bottled water, and OSHA-workplace air).

Polystyrene foam is used in a number of common food container products.  The substance has historically been difficult and costly to recycle and poorly biodegradable.  Most of the polystyrene foam that ends up on landfills will be there 500 years from now.  Polystyrene foam can also be very toxic when burned.  It is often found among common litter in the Town or in landfills throughout the region.  Because of the nature and ubiquity of polystyrene foam, it can threaten animal and human health.  It is for these reasons that the Town of East Hampton seeks to ban the provision of certain polystyrene items from establishments located in the Town of East Hampton.

SECTION 2. Amendment

The Code of the Town of East Hampton is hereby amended by adding the underlined words.

CHAPTER 83, RETAIL CHECKOUT BAGS AND POLYSTYRENE ITEMS.

Section 83-1. Definitions.

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

EXPANDED POLYSTYRENE - means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).  Such term shall not include rigid polystyrene, but shall include polystyrene coolers. 

FOOD SERVICE ESTABLISHMENT - means a premises or part of a premises where food is provided directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle.  Food service establishments shall include, but not be limited to full service restaurants, fast food restaurants, coffee shops, bakeries, delicatessens, take-out food stores, food trucks and grocery stores.  Food trucks shall include “concessionaire” as defined in Chapter 198: Peddling of this Code.

POLYSTYRENE LOOSE FILL PACKAGING - means a void-filling packaging product made of expanded polystyrene that is used as a packaging fill, commonly known as packing peanuts.

SINGLE SERVICE ARTICLES - means cups, containers, lids, closures, trays, plates, knives, spoons, stoppers, paddles, straws, place mats, napkins, doilies, wrapping materials, toothpicks and all similar articles that are intended by the manufacturer to be used once for eating or drinking or that are generally recognized by the public as items to be discarded after one use. 

STORE - means a retail or wholesale establishment other than a food service establishment.

Section 83-3. Restriction on Polystyrene Items

A.              No food service establishment or store shall possess, sell, or offer for use single service articles that consist of expanded polystyrene including, but not limited to, providing food in single service articles that consist of expanded polystyrene.  This subdivision shall not apply to (i) expanded polystyrene containers used for prepackaged food that have been filled and sealed prior to receipt by the food service establishment or store; (ii) expanded polystyrene containers used to store raw meat, pork, fish, seafood or poultry sold from a butcher case or similar retail appliance; or (iii) expanded polystyrene containers used for wholesale fish or seafood shipments outside of the Town of East Hampton.

B.              No manufacturer or store shall sell or offer for sale polystyrene loose fill packaging or polystyrene coolers in the Town of East Hampton. 

Section 83-4. Operative date

The restriction set forth in § 83-3 shall become operative on April 22, 2019 or upon filing with the Secretary of State, whichever is later, so as to allow retail establishments a period of time within which to dispose of their existing inventory of Polystyrene items and convert to alternative materials.

SECTION 3.  Authority

The Town Board is authorized to establish and promulgate rules and regulations regarding protecting the Town’s environment and natural resources pursuant to §10 of Municipal Home Rule Law and §130(1) of New York State Town Law.

SECTION 4. Severability.

If any section or subdivision, paragraph, clause or phrase of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

SECTION 5. Effective Date.

This local law shall take effect on April 22, 2019 or upon filing with the Secretary of State, whichever is later, so as to allow retail establishments a period of time within which to dispose of their existing inventory of Polystyrene items and convert to alternative materials.

Dated: January 17, 2019

                                                                                           BY ORDER OF THE TOWN BOARD

                                                                                              TOWN OF EAST HAMPTON, NEW YORK   

                                                                          CAROLE BRENNAN, TOWN CLERK

Meeting History

Jan 17, 2019 6:30 PM Video East Hampton Town Board Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Sylvia Overby, Councilwoman
SECONDER:Kathee Burke-Gonzalez, Councilwoman
AYES:Kathee Burke-Gonzalez, David Lys, Sylvia Overby, Jeffrey Bragman, Peter Van Scoyoc

Discussion