Retail Single-Use Plastic Bag Reporting Ordinance (Third Reading)Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Retail Single -Use Plastic Bag Reporting Ordinance
DATE: March 12, 2012
Dubuque
bierd
All-America City
1
2007
Sustainable Community Coordinator, Cori Burbach is requesting approval of an
Ordinance that will require retailers, based on size, to report their purchase and
distribution of plastic bags in order to measure community -wide progress towards the
adopted goal of reducing single -use plastic bag use 90% by 2017 in Dubuque.
In June 2011 at the recommendation of the Environmental Stewardship Advisory
Commission, Council adopted a target of reducing community -wide single -use plastic
bag use 90% by 2017 in Dubuque. The goal will be phased in, with the following targets
established for the community:
• Phase I Goal by July 1, 2013: 25% reduction from baseline in Single -Use Plastic
Checkout Bags distributed by Large Retailers;
• Phase 11 Goal by July 1, 2014: 50% reduction from baseline by Large Retailers;
25% reduction from baseline by Middle -size Retailers;
• Phase 111 Goal by July 1, 2015: 75% reduction from baseline by Large Retailers;
50% reduction from baseline by Middle -size Retailers; 25% reduction from
baseline by Small Retailers;
• Phase IV Goal by July 1, 2016: 75% reduction from baseline by Large and
Middle -size Retailers; 50% reduction from baseline by Small Retailers;
• Phase V Goal by July 1, 2017: 75% reduction from baseline by all Retailers; and
• Phase VI Goal by July 1, 2018: 90% reduction from baseline by all Retailers.
At this time, these targets are not retailer- specific or mandatory. After meeting with
various stakeholder groups, it is staffs hope that these community -wide targets can be
voluntarily met through cooperation with retailers and consumer education.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligan
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Cori Burbach, Sustainable Community Coordinator
2
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
Michael C. Van Milligen, City Manager
Mary Rose Corrigan, RN, Public Health Specialist
Cori Burbach, Sustainable Community Coordinator
Paul Schultz, Resource Management Coordinator
Retail Plastic Bag Elimination
June 3, 2011
Dubuque
bierd
All-America City
1
2007
INTRODUCTION
This memorandum provides staff recommendations regarding the City Council desire to
develop a checkout plastic bag policy to reduce, use and manage or eliminate their
disposal. The recommended approach does not include a ban on the use of plastic
bags.
BACKGROUND
In September 2010, the Environmental Stewardship Advisory Commission submitted a
communication to the City Council recommending the reduction /phase out of retail
plastic bag use in Dubuque. The Council voted to phase out checkout plastic bag use
and directed staff to devise a plan for doing so.
DISCUSSION
A City staff task force was formed to establish the process for meeting the Council goal.
Facilitated by Mary Rose Corrigan, members include:
• Cori Burbach, Sustainability Coordinator
• Paul Schultz, Resource Management Coordinator
• Eric Dregne, Community Foundation of Greater Dubuque /Dubuque 2.0
• Bev Wagner, DMASWA Solid Waste Educator
The task force gathered input from the community through a series of stakeholder group
meetings scheduled with local grocers, other retailers as recommended by the Chamber
of Commerce, and consumers and representatives of groups who have been tracking
the environmental impact of plastic bags (including but not limited to production and
cleanup costs and impact on local and natural habitats). The purpose of these
stakeholder meetings was to gather information regarding what current retailers and
other stakeholders are doing to reduce checkout plastic bag usage, track measurable
indicators, identify economic, environmental and social /cultural impacts, and dialogue
on how to move forward. Some local groups and businesses are already developing
their own initiatives, outreach and incentives to reduce overall plastic bag use.
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Staff also researched various communities and jurisdictions that have implemented
plastic bag use policies, their scope, success, incentives, enforcement, etc.
Background on local and global impact of plastic bags
A variety of local experts and national studies provide the following rational for reducing or
restricting the use of single -use plastic checkout bags:
• The litter impacts on local natural ecosystems, especially creeks and streams
• Carbon footprint: Greenhouse Gas emissions in production, distribution and disposal
• Resource depletion of fossil fuels in production and transportation
• The ugly degradation of Dubuque's aesthetics and neighborhood sanitation systems
due to plastic bag litter
• The cost to retail customers and cost of litter cleanup to taxpayers and businesses
• The current cultural bias for short term convenience and disposability over sustainable
behavior change and consumer cost savings
• Impacts of Dubuque's share of plastic litter in the Mississippi River and Gulf of Mexico.
Consider these facts:
• Plastic bags are a major part of Iowa's $26,000,000 annual litter cleanup costs. Half of
these costs are incurred by the private sector to clean up their own properties with the
remaining half paid by various governmental entities.
• The Dubuque Metropolitan Area Solid Waste Agency (DMASWA) has estimated that it
costs up to $30,000 annually to remove litter from the landfill premises and the Highway
20 approaches and entrance. Much of the cost is due to plastic bags blowing
everywhere. (See attached photos)
• Between 2 and 10% of plastic bags in the U.S. currently get recycled.
• It takes 15 to 1,000 years for plastic bags to break down depending on their location..
• The U.S. uses about 100 billion plastic checkout shopping bags annually at an
estimated cost to retailers of $4 billion.
• Manufacturing the plastic bags consumed yearly in the U.S. requires 12 million barrels
of oil equivalent.
• It costs about $1,000 to collect, store, transport and bale one ton of plastic bags
(112,000 bags), which can then be sold on the recyclables market for about $100.
• At least one million seabirds and marine mammals die each year by ingesting plastic
bag pieces which appear like potential food - especially in water.
• Growing "plastic islands or soups" in the five main oceans are made up of about seven
billion pounds of plastic trash and would measure about twice the size of Texas.
• Approximately two billion people live in cities and countries that have either banned or
added fees on checkout plastic bags.
Why these facts matter:
• Most plastic bags are made from fossil fuels (natural gas and crude oil) and their
production generates air pollution (greenhouse gas emissions) and depletes energy
resources.
• These plastic bags do not biodegrade, but photodegrade, meaning that as they are
exposed to light, they break into smaller and smaller pieces over time, but never totally
disappear nor do they ever "compost" into beneficial material.
2
• As plastic photo degrades it acts as a sponge for various toxins which accumulate in
greater concentrations. The potential exists for these toxins to then leach into soil and
water resources, contaminating them.
While the light weight of single use plastic bags has a convenience advantage, this same
advantage turns into a major disadvantage when they escape into the environment. Blown
around, plastic bags litter the local landscape, becoming an eyesore as they get caught in
trees, bushes, and fences. They can also clog drains creating major problems with erosion
and storm water runoff. Many of these bags end up in waterways, degrading our watershed
habitat and some eventually discharge into the Mississippi River finding their way to the North
Atlantic Ocean Gyre. As these bags blow, whether settling on land or in the water, some
animals become entangled in them, and can drown or can't fly as a result. In addition, pieces
of plastic bags are often mistaken for food by fish, birds, and other animals, and are ingested
along with the embodied toxics. These chemicals have entered the food chain and can result
in poisonings or death by starvation to the affected species.
Many people in Dubuque reuse plastic bags but overall this is a small percentage of the bags
disposed in the landfill. While some good recycling programs exist for plastic bags in
Dubuque, only about 2% to 10% of plastic checkout bags are actually recycled nationally. In
addition, the quality of plastic degrades each time it is recycled. Plastic from bags has a limited
life due to this loss of quality and cross contamination with other materials. This curtails the
demand for this type of recycled plastic for some products. Unless there is a specific program,
such as Build with Bags, where bags are processed into materials for other products (benches,
tables, etc.), many of these "recycled" bags are sent to third world countries where some get
burned, creating more air pollution, releasing toxins, and harming the health of local workers.
Trends in plastic bag reduction around the country and world
Staff reviewed the policies of over 15 US communities that have banned bags, numerous
communities that have developed incentive /disincentive programs, and an additional 40+ that
are considering bag bans or incentive programs. Most national plastic bag reduction programs
have been adopted fairly recently, with the oldest being San Francisco in 2007 and the most
recent being implemented this year (2011). Reuse is included as a bag reduction strategy.
However, recycling can be initially beneficial but is not a comprehensive long -term reduction
strategy.
Programs vary greatly as to the approach communities take to the issue, and include those
that:
• focus on educational efforts only,
• impose a bag "user fee ," or
• impose a plastic bag ban .
Most of the policies passed by US cities designate the city administrator /manager or specific
department to oversee the enforcement of the policy and levy fines as per their city codes.
Most policies define "bags" as thinner checkout bags; this excludes bags used for produce at
the grocery store or dry cleaning bags, for instance. Policies vary significantly when defining
which retailers the policy applies to; the most specific policies place regulations on grocers
only, while the broadest apply to every retailer in the city.
3
Most communities see their plastic bag policy as a next step in a journey toward sustainability
they started a few years ago. Many also choose to implement the policy in phases, whether by
purpose, contents, size and thickness of bags or types and sizes of retailers. Many have some
type of educational outreach to citizens and /or retailers prior to the policy actually taking force.
With many of these policies being recently enacted, and some not taking force until later this
year, it has been difficult to obtain specific monitoring plans for various reduction policies: ban,
or bag fee. Most with mandatory reduction or recycling policies rely on retailers to keep
records of the amount recycled and to make periodic reports. See the attached Chicago
Department of the Environment as one example of a system that has been put in place.
Current Local Initiatives
In researching potential solutions to Council's directive, staff met with grocery store
representatives, Chamber members, other retailers, environmental groups, and other
stakeholders to collect information on existing community efforts as well as input on
recommended solutions, potential barriers to participation, etc.
The result of these meetings showed that many retailers, particularly grocers, have already
taken action to reduce the number of plastic bags their customers use. When retailers can
incent or remind customers to bring their own reusable bags, these result in decreased costs
for the retailer. Grocers have been particularly aggressive in incenting reusable bag use, with
several local stores offering $0.05 rebates for each reusable bag used to pack that customer's
purchases at checkout. Other stores, such as Aldi's and Sam's Club, have not offered plastic
bags, or any type of bag, as an option for some time. They report that customers are aware of
this policy, have changed their habits accordingly, and arrive at their stores with alternative
means to carry away purchases.
The Iowa Grocers' Association has also aggressively promoted the recycling of plastic bags
through the Build With Bags program. Individual stores collect customers' used bags;
backhaul them to their distribution outlets; and then ship them to a manufacturer where they
are sorted and recycled into outdoor furniture and recreation equipment. The recycling of bags
is not a viable long -term sustainable solution, as energy is still required to produce the bags
and a significant amount of energy goes into the recycling of the bags. However, staff
recognizes that it is a strong first step in the consumer education process and will work with
stores that include bag recycling as part of their reduction strategy. Many other retailers in
Dubuque offer collection locations within their stores and facilitate a bag recycling program.
Finally, since the Council's discussion on plastic bags at their September 2010 meeting, a
collaborative of local religious and environmental organizations have partnered to raise the
awareness of the effects of disposable plastic bags and remind residents to carry reusable
bags with them. A newly formed group, the Intercongregational Ecological Working Group
(IEWG) comprised of representatives from women's religious congregations in the area, took
on the coordination of a Lenten Plastic Bag Fast. Several groups throughout Dubuque,
including parishes and Wahlert High School, utilized study materials and created awareness
campaigns during Lent to encourage their members to reduce using plastic bags. In an effort
to further engage the community in the discussion, several local groups and Mindframe
Theater partnered to show the documentary "BAG IT: Is Your Life Too Plastic ?" free to the
public (March 26 and April 2). Over 320 residents attended. This movie event was one of the
activities for Dubuque 2.0's Community Sustainability Challenge Game.
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RECOMMENDATION
As evidenced by the actions of grocers, other retailers, and the general public since this
discussion was first brought up at the Council table, there is a public interest in reducing the
number of plastic bags used once and then discarded in Dubuque. Based on this and the
successful strategies of communities across the country in limiting plastic bag use, staff is
recommending a phased approach that begins with public education and engagement and
becomes increasingly more aggressive with the expectation that community groups,
consumers and retailers will reduce or eliminate the use of plastic bags without the need for a
City- enforced "ban."
Staff recommends the following phased approach to reduce plastic bag use in Dubuque. All
percentages would be based on a baseline of current bag use established in July 2011. In the
language below, "bags" are defined as thinner checkout bags found at grocery stores, clothing
shops, and other retailers or commercial businesses. Smaller plastic "product bags" with no
handles, like those used for produce, would be allowed for public health reasons. Restaurants
may use plastic bags to package takeout food, but will be encouraged to find alternative
packaging methods.
Phase I Goal by July 1, 2012:
• 25% reduction in bags purchased and distributed by chain grocers and retailers
with a building footprint larger than 40,000 sq ft. (above Steve's Ace size)
City staff will work internally and with partners engaged in sustainability activities to conduct a
public outreach campaign that includes (1) education regarding the economic and
environmental impacts of plastic bags, (2) consumer education to reduce the demand for
plastic bags, and (3) retailer education to offer alternatives for lowering plastic bag use in their
stores. These efforts will support and build upon existing efforts of retailers and other
stakeholders. In addition, City staff will provide support to retailers in the form of a toolkit that
includes ideas for their own marketing materials and also one -on -one guidance on ways that
they can limit the use of bags in their stores.
Initial items that would be included in the retailer toolkit include the following:
• Multi -media logo, signs, messages
• Publicity for retailers implementing /participating
• Education /presentations /multi -media information on how to reduce /eliminate plastic bag
use
• Educational display to be used at community events and gathering places /stores, etc.
• Retail employee in- service training and monitoring to reduce the number of plastic bags
distributed (i.e. asking "Do you need a bag today?" or encouraging placing more items
in one bag)
• Other ideas from stakeholder groups
• Dubuque 2.0 will assist with education /marketing and toolkit development.
The primary performance metric would be tracking the number of checkout bags retailers
purchased. A City ordinance would require the chain grocers and the largest retail businesses,
larger than 40,000 square feet, to report this information to the Resource Management
Coordinator on a semi - annual basis; this information would be used to provide reports to City
5
Council. Businesses smaller than 40,000 square feet would be invited to report their own use
on an optional basis.
City public education efforts would recognize those retailers that achieved the highest
reduction rates and used the smallest total number of checkout bags per retail square foot.
A secondary performance metric would be tracking the number of customer - returned plastic
bags collected by retailers and shipped to a manufacturer for recycling into a product.
Retailers would report this information to the Resource Management Coordinator on a bi-
annual basis. City public education efforts would recognize those retailers that achieved the
highest recycling rates.
Phase II Goal by July 1, 2013:
• 50% reduction in bags purchased and distributed by chain grocers and retail
businesses larger than 40,000 sq ft;
• 25% reduction in bags purchased and distributed by middle -size retail
businesses between 15,000 and 39,999 sq ft.
City staff would continue a collaborative community education program with the goal of
reducing plastic bag demand and use without instituting a ban or tax. Businesses would
continue to be required to report on a bi- annual basis to the Resource Management
Coordinator, the number of bags purchased and distributed as well as customer - returned
plastic bags collected and shipped to a manufacturer for recycling into a product.
Phase III Goal by July 1, 2014:
• 75% reduction in bags purchased and distributed by the largest chain grocers
and retail businesses larger than 40,000 sq ft;
• 50% reduction by middle -size between 15,000 and 39,999 sq ft;
• 25% reduction by smaller -size businesses below 15,000 sq ft.
City staff would continue a collaborative community education program with the goal of
reducing plastic bag demand and use without instituting a ban or tax. Businesses would
continue to be required to report on a bi- annual basis to the Resource Management
Coordinator, the number of bags purchased and distributed as well as customer - returned
plastic bags collected and shipped to a manufacturer for recycling into a product.
Phase IV Goal by July 1, 2015:
• 75% reduction in bags purchased and distributed by chain grocers and retail
businesses larger than 15,000 sq ft;
• 50% reduction by businesses below 15,000 sq ft.
City staff would continue a collaborative community education program with the goal of
reducing plastic bag demand and use without instituting a ban or tax. Businesses would
continue to be required to report on a bi- annual basis to the Resource Management
Coordinator, the number of bags purchased and distributed as well as customer - returned
plastic bags collected and shipped to a manufacturer for recycling into a product.
Phase V Goal by July 1, 2016:
• 75% reduction in bags purchased and distributed by all Dubuque retail
businesses. Businesses would continue to be required to report on a bi- annual basis to the
Resource Management Coordinator, the number of bags purchased and distributed as well as
6
customer - returned plastic bags collected and shipped to a manufacturer for recycling into a
product.
Phase VI Goal by July 1, 2017:
• 90% reduction in bags purchased and distributed by all Dubuque retail
businesses. Businesses would continue to be required to report on a bi- annual basis to the
Resource Management Coordinator, the number of bags purchased and distributed as well as
customer - returned plastic bags collected and shipped to a manufacturer for recycling into a
product.
It is staff's expectation that given current efforts to reduce bag usage, the community's existing
support of sustainability initiatives, and national trends, Dubuque will be able to reach a 90%
reduction in plastic checkout bag use by July 1, 2017.
Throughout this process, staff will review bag use rates to determine whether these
progressive targets are being reached on a voluntary basis. If it does not appear that these
goals are being achieved, staff will present to Council an increased public education budget for
this initiative. This budget could include funding for increased demand reduction education or
competitive game strategies to reduce use, for example.
In July 2016, staff will determine whether a 90% reduction can be reached by July 2017. If it
does not appear that this goal can be met, an ordinance requiring certain actions by
stakeholders /retailers to meet this target will be recommended. Based on current best
practices, it is anticipated that any ordinance would include the use of a plastic bag
incentives /disincentives /user fees. This policy, similar to the current "Pay As You Throw" solid
waste model, incents a reduction action without requiring a customer to reduce it.
Annual stakeholder meetings facilitated by City staff would identify strengths and weaknesses
of the current initiatives, barriers to retailers, and opportunities for future efforts.
The primary performance metric would be required semi - annual self - reporting by retailers of
type and number of checkout bag purchased for eventual distribution to customers. This data
will be used to generate trend lines on bags distributed to customers at check out.
Additional metrics useful in tracking the community's progress include the following:
1. Types and monetary value of voluntary incentives offered by retailer partners to reduce
checkout bag use and /or increase recycling of plastic bags.
2. Promotion, marketing, signage and outreach by retailer partners related to reducing
plastic bag use.
3. Community initiatives to reduce plastic bag use.
4. Local governmental initiatives to reduce plastic bag use.
5. Tracking surveys reporting checkout plastic bags collected as greater, less or the same
at various regular litter clean -up locations by governmental, private sector and volunteer
groups.
6. Trend reports from periodic comprehensive waste assessments at the DMASWA landfill
specifically identifying plastic bags disposed as trash for landfilling.
7
Summary of timing of reduction targets
Retailer size
7/1/2011
7/1/2012
7/1/2013
7/1/2014
7/1/2015
7/1/2016
7/1/2017
Over 40,000 sq ft
Baseline
25%
50%
75%
75%
75%
90%
establish
15,000- 39,999 sq ft
Baseline
25%
50%
75%
75%
90%
established
Under 15,000 sq ft
Baseline
25%
50%
75%
90%
established
BUDGET IMPLICATIONS
Community education retailer toolkit, printed materials, advertising:
FY12 $2,000.00
FY13 $5,000.00
FY14 $5,000.00
FY15 $2,000.00
A likely source for these funds is the DMASWA grant program.
REQUESTED ACTION
Approve the strategy outlined in this memo to reduce the use of single -use plastic checkout
bags by 90% in Dubuque by July 1, 2017.
MRC/cj
8
ATTACHMENT 1
Retrieved 4/8/2011 from: http: / /www.chicobag.com /t -track movement.aspx and updated
from other research since this list was published.
SUCCESSFUL BAG BANS
USA
Baltimore, MD (partial ban)
Brownsville, TX
Calabasas, CA
Edmonds, WA
Fairfax, CA
Long Beach, CA
Los Angeles County, CA
Malibu, CA
Marin County, CA
Marshall County, IA
Maui County, HI
North Carolina
Palo Alto, CA (Partial ban)
San Francisco, CA
Westport, CT
OTHER COUNTRIES
Ajman, UAE
American Samoa
Bangladesh
Buenos Aires, Argentina
Chandigarh, India
China
Delhi, India
Dubai, UAE
France
CONSIDERING A BAG BAN OR FEE
Aurora, CO
Bonita Springs, FL
Forsyth, MO
Maryland
Miami, FL
Milpitas, CA
Nevada
New Haven, CT
GENERAL REDUCTION EFFORT
Amarillo, TX
Chicago, IL
Delaware
9
Himachal Pradesh, India
Islamabad, Pakistan
Italy
Kenya
Kerala, India
Leaf Rapids, Canada
Maharashtra, India
Manitoba, Canada
Mumbia (Bombay), India
Nain, Newfoundland and Labrador
Canada
Nova Scotia, Canada
Oman
Ontario, Canada
Paris, France
Quebec, Canada
Red Sea, Egypt
Rwanda
Selangor, Malaysia
Sharjah, UAE
South Africa
South Australia
Taiwan
Tanzania
Uganda
Yangon, Myanmar
Zanibar, Africa
Oahu County, HI
Phoenix, AZ
Portland, OR
Sunnyvale, CA
Igaluit, Canada
Northern Ireland
Uganda
Hollister, CA
Homer, AK
Plymouth, USA
Spokane, WA
Texas (initiated educational program)
Tuscon, AZ
Victoria, TX
OTHER COUNTRIES
SUCCESSFUL BAG FEES
USA
Connecticut
District of Columbia
Fairbanks, Alaska
Santa Monica, CA
OTHER COUNTRIES
PROPOSED BAG BANS OR FEES
USA
Annapolis, MD
Aspen, CO
Athens - Clarke County, GA
Austin, TX
Baltimore, MD
Berkeley, CA
Boston, MA
California
Colorado
Concord, MA
Connecticut
Dallas, TX
District of Columbia
Encinitas, CA
Fairfield, CT
Florida
Hawaii County, HI
Iowa City, IA
Kaua'i County, HI
Maine
Marshall County, IA
Mobile, AL
Ocean City, NJ
Oregon
Pasadena, CA
Redlands, CA
BAG BAN DECLINED
El Paso, TX
Manhattan Beach, CA
Oakland, CA — passed; overturned
Philadelphia, PA
Red Bank, NJ
Virginia
10
Edmonton, Canada
Isle of Wight, UK
Sibu, Sarawak Malaysia
Singapore
Canberra, Australia
Hong Kong, China
Melbourne, Australia
New Zealand
Romania
South Wales, UK
Toronto, Canada
San Jose, CA
Santa Cruz, CA
Seattle, WA
Taos, NM
Toledo, OH
USA National
West Bridgewater, USA
OTHER COUNTRIES
Abu Dhabi, UAE
Baa Atoll, Maldives
Cebu, Philippines
Edinburgh, Scotland
Fort McMurray, Canada
Guelph, Canada
Ho Chi Minh City, Vietnam
Kanyakumari, Tamil Nadu India
London, UK
Malta
Marshall Islands
Petersfield, England
Philippines
South Australia, Australia
Vancouver, Canada
Wales
Winnipeg, Canada
DRAFT SAMPLE Plastic Check -Out Bag Reporting Form for Dubuque Retail Facilties DRAFT SAMPLE
Store Name
Submitted by (Name)
Period: Start __J__ /____
Date submitted : ___J____ /_____
Address
Phone Number
End __J__ /____ Facility size in square feet
Revised 3 -20 -12
Checkout Plastic Bags (all sizes) Supplied to Customers
in Period Required by
Ordinance # -12
Inventory Change
Begin Period on hand
Period I
Begin Period on hand
1/1/2012
I 0
Shipped out
I 50,000
Shipments Received
I 150,000
End Period on hand
Defective Bags Recycled or Shipped Back
I 30
1 -
Total Received from customers
End Period on hand
6 /30/2012
I 25,000
I 130
Total Supplied to customers
1st 6 mo
I 175,000
Cumulative year to date
175,000
Full standard "bags of bags" to be recycled from in -store customer drop offs Voluntary to report
Inventory Change in standard bags of bags
Period I
Begin Period on hand
1/1/2012
I 0
Shipped out
I 100
End Period on hand
6/30/2012
I 30
Total Received from customers
1st 6 mo
I 130
Cumulative year to date
130
1 pound of customer returned bags for recycling averages bags
Bag (average weight = ____Ibs /bag)
Check this box if it is okay to share your data with the public via marketing efforts to promote successful bag reduction
efforts.
ORDINANCE NO. -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 2 ESTABLISHMENTS
AND HOTEL SANITATION, BY ADOPTING A NEW SECTION 6 -2 -2 SINGLE -USE
PLASTIC BAG REDUCTION
Whereas, the City Council of Dubuque since 2006 has established sustainability
as a priority; and
Whereas, single -use plastic checkout bags have significant environmental
impacts each year, in their life cycle from manufacture and distribution to use and post -
use; and
Whereas, post- consumer environmental effects of single -use plastic checkout
bags are detrimental to watersheds, wildlife and public health; and
Whereas, the use of single -use plastic checkout bags has increased dramatically
in recent years and many litter our landscape and contaminate our creeks and rivers,
representing a large portion of Iowa's $26,000,000 annual litter clean -up costs, with
about half incurred by the private sector and the remainder by various governmental
entities; and
Whereas, at its July 5, 2011 meeting, the Council adopted a plan to reduce
single -use plastic checkout bag use 90% by 2017 and encourage the use of reusable
shopping bags; and
Whereas, there is already a great public interest in reducing single -use plastic
bags, evidenced by actions of grocers, other retailers, and the general public; and
Whereas, the City of Dubuque will continue to conduct an educational campaign
and provide promotional materials to foster sustainable behavior change to reduce
citizen consumer demand for single -use plastic check -out bags;
NOW, THEREFORE, BE IT ADOPTED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. City of Dubuque Code of Ordinances Title 6, Chapter 2 is amended by
adding the following:
6 -2 -2: SINGLE -USE PLASTIC BAG REDUCTION:
A. PURPOSE:
The purpose of this ordinance is to encourage the reduction of single -use plastic
checkout bags by requiring retailers located within the City of Dubuque to report and
track on a semi - annual basis the number of new single -use plastic checkout bags
distributed to consumers.
B. DEFINITIONS:
As used in this chapter, the following definitions apply:
1. "Single -Use Plastic Checkout Bag" means a new bag that is provided by a
Retailer at the checkout stand, cash register, point of sale or other point of
departure for the purpose of transporting food or merchandise out of the
establishment. Single -Use Plastic Checkout Bags do not include bags provided
solely for produce, bulk food or meat at a department within a grocery store,
supermarket, produce or meat market or other similar retail establishment, bags
provided to carry out food cooked or prepared at a restaurant or other similar
food and beverage establishment, or dry- cleaning bags.
2. "Reusable Bag" means a bag made of cloth or other washable fabric.
3. "Retailer" or "Retail Establishment" means any commercial business
facility located within the geographical limits of the City of Dubuque that is
engaged in the sale of goods to consumers for ultimate consumption or use.
a. "Large Retailers" means chain grocers, grocers and businesses
40,000 square feet or larger;
b. "Middle -size Retailers" means grocers and businesses between
15,000 and 39,999 square feet;
c. "Small Retailers" means grocers and businesses below 15,000
square feet.
4. "Consumer" means any person who purchases from a Retailer.
C. REPORTING REQUIREMENT:
Each Retailer within the City of Dubuque must submit a semi - annual report on the form
provided by the City Manager or the City Manager's designee of the inventory changes
of Retailer's Single -Use Plastic Checkout Bags in order to calculate the number
distributed to Consumers. Each Retailer must send a copy of the report to the City
Manager or the City Manager's designee for each six month reporting period between
January 1 and June 30 and July 1 and December 31 of each year within 30 days of the
end of each reporting period. The first, baseline report will be required as follows, based
on store size:
1. Large Retailers on July 1, 2012;
2. Medium -sized Retailers on July 1, 2013; and
3. Small Retailers on July 1, 2014.
E. ENFORCEMENT:
The City Manager or the City Manager's designee is responsible obtaining required
reporting data from Retailers and for enforcing, if necessary, the provisions of this
Section, via a municipal infraction under City of Dubuque Code, on Retailers who do not
voluntarily comply with the reporting requirements.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this day of 2012.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk