Single-Use Plastic Bags & Styrofoam Containers Law (FAQ)
Hastings, summer 2014
Hastings Board of Trustees enacted Local Law No. 4 of 2014 to improve our village's environment and quality of life. Easily wind borne, plastic bags and styrofoam containers litter our community, clog our storm drains, impact terrestrial and marine wildlife, and entangle the machinery in our county commingled recycling system.
We hope this page answers your questions about the new law. For additional questions or feedback, please email us.
BAN ON PLASTIC BAGS
What’s the problem with plastic bags?
Single-use, disposable plastic bags are a source of litter and pollution in our environment. They entangle wildlife, clog storm drains and gum up recycling machinery. (Film plastic should never be put in your curbside commingled recycling.) Plastic bags do not biodegrade and are difficult to recycle. While plastic molecules will remain as plastic particles in our environment for thousands of years, plastic bags are typically never used more than once before being discarded (the average life-use of a plastic bag is twelve minutes).
Hastings’ ordinance is part of a larger educational campaign to encourage the use of reusable bags, thereby promoting conservation and contributing to a cleaner, healthier environment. As a Hudson River community, we are seeking to do our part to keep at least two forms of plastic from drifting into the ocean. It's estimated that 18 billion pounds of plastic waste finds its way into the ocean from coastal communities every year. For a quick summary, click here.
Why isn’t an education campaign enough to get the point across?
Sometimes education is not enough to change habits that are considered part of everyday life. We all know it’s wrong to litter, but plastic bags, Styrofoam and other litter can be found everywhere. As members of a community, we accept regulations imposed on us everyday: we are required to pick up after our dogs; we must use a seatbelt; we must recycle. This plastic bag legislation is similar to these examples, in which voluntary compliance was not sufficient to change behavior.
Have other municipalities done this?
Countries, states and cities around the world have banned plastic bags, from Bangladesh to California. Closer to home, Rye, Larchmont, the Village of Mamaroneck, Westport, CT, Southampton Village, NY and Chestertown, MD have all passed ordinances.
Why aren’t paper bags targeted?
The objective of the ordinance is to promote the use of reusable bags by reducing our dependence on single-use bags of all kinds; single-use paper bags have an environmental cost as well. But single-use plastic bags are a chronic litter and pollution problem, while paper bags, though not ideal, are biodegradable and more easily recycled.
Won’t the ordinance hurt consumers?
There is a small cost associated with purchasing a few, inexpensive reusable bags. It is unlikely that retail prices will be affected by the elimination of plastic bags. It may be difficult initially to remember to bring a bag, but once used to it, it will be second-nature.
To whom does the Checkout Bag Ordinance apply?
The ordinance targets only retail transactions.
Who is exempt?
The ordinance does not apply to plastic bags purchased for personal use in the home, such as garbage bags or sandwich bags. It does not apply to the sales of goods at yard sales, tag sales, other sales by residents at their homes, or sales by non-profit organizations.
What plastic bags can stores still use?
The ordinance does not apply to plastic bags that are greater than 2.25 mils thick (sometimes called "reusable" shopping bags), nor does it apply to produce bags, dry-cleaning garment bags, or newspaper delivery bags.
Is the ordinance too limited to make a difference?
No. By targeting the plastic bags that are used for the least amount of time before being disposed, and most likely to end up as litter, we can make a real impact in our community. It’s also important to reiterate that this is part of a larger educational campaign to encourage the use of reusable bags.
What is the effective date?
Technically, six months after the date of passage, or January 1, 2015. However, the month of January was a transition month, so stores needed to fully comply by February 1, 2015.
How does the ordinance define a "reusable bag"?
A reusable bag is a bag that is specifically designed and manufactured for multiple reuse and is made of cloth, other fabric, or durable plastic that is at least 2.25 mils thick.
Can retailers sell shopping bags to their customers?
Yes. A retailer can sell to its customers any bag that is not a single-use plastic bag as defined in the legislation, including paper, cloth or canvas shopping bags. Retailers are encouraged to promote the use of reusable bags, and sell a version with their logo, if desired.
What is the enforcement procedure?
The Village of Hastings is not required to check stores for compliance—but will respond to any complaints. A notice of non-compliance will be delivered to the person in violation of the ordinance.
What is the penalty for non-compliance?
Violators will be given a warning notice for the first violation. A fine of $100 will be assessed for a second violation, after a warning notice has been received. A fine of $200 will be assessed for each subsequent violation.
What will I use if I need to line my trash bin or pick up dog waste?
Garbage bags, produce bags, newspaper bags and other food bags (such as bags bread comes in) will still be available. We encourage you to reduce the waste you generate through "reducing and reusing" and by composting, and to divert from the waste stream what you can through proper recycling. See our webpage on solid waste here.
BAN ON EXPANDED POLYSTYRENE (Styrofoam)
What is banned?
Containers and packaging material made of expanded polystyrene (Styrofoam), such as coffee cups and to-go clamshells.
Why do we need a ban on expanded polystyrene?
The US Department of Health and Human services lists styrene, from which Styrofoam is made, as "reasonably anticipated to be a human carcinogen." Expanded polystyrene is difficult to recycle and there is no market for the recycled product; it does not biodegrade, and because it is so light, it frequently drifts into local waterways with consequent health risks. A coffee cup's styrene molecules let loose in the environment can impact wildlife and potentially other humans.
Have other municipalities done this?
Albany County, NY, passed a law in November banning use of expanded polystyrene food containers, joining the ranks of such cities as Portland, Oregon; San Francisco, California; Seattle, Washington; and Amherst, Massachusetts. In December 2013, New York's City Council voted unanimously to ban the use of expanded polystyrene containers, a law that goes into effect in January, 2016.
What is the effective date?
Technically, six months after the date of passage, or January 1, 2015. However, the month of January was a transition month, so stores needed to fully comply by February 1, 2015.
What is the penalty for non-compliance?
Violators will be given a warning notice for the first violation. A fine of $100 will be assessed for a second violation, after a warning notice has been received. A fine of $200 will be assessed for each subsequent violation.
For further information, email the Conservation Commission