Over 400 New Yorkers Call on State Officials to Better Enforce the State’s Plastic Bag Ban and Bottle Bill 

For Immediate Release: July 20, 2023

Contacts:    

LONG ISLAND CITY, New York Today, New York City residents and environmental groups rallied at the office of the New York Department of Environmental Conservation (DEC) Region 2 offices in Queens asking for better enforcement of two key state waste reduction laws: the Bag Waste Reduction Law and the Bottle Bill. They also hand-delivered a letter signed by over 400 organizations and NYC residents to the DEC. 

The state’s plastic bag ban prohibits stores from distributing plastic bags at checkout, and took effect in October 2020. Yet nearly three years later, many stores — including Target, Family Dollar, Bolla Markets, Fairway, Morton Williams, Food Emporium, Food Town, and Associated Supermarkets in New York City — are still distributing plastic bags at checkout counters.

"Critical laws have helped transform the state into a leader in reducing single-use plastics, like the plastic bag ban and the state’s 40-year-old bottle bill. But the work doesn't stop with passing laws — strong implementation and enforcement are key," said Raine Manley, regional digital campaign director at Natural Resources Defense Council. "The Department of Environmental Conservation must invest in a sustained effort to educate businesses and hold them accountable to achieve the goals of these important policies, and also drive confidence in pending waste reduction bills in the state legislature."

Beyond Plastics can verify that at least 110 supermarkets and chain stores in New York City are violating the plastic bag ban, including Family Dollar, 7-11, Rainbow clothing shops, and large discount stores. A list is maintained by a Queens resident who regularly visits stores to talk to management and distribute flyers on the bag ban. The list and photos are shared monthly with the DEC, but enforcement has not kept pace. New York City residents brought hundreds of plastic bags obtained from city supermarkets that are in violation of the law to the event to help illustrate the extent of the problem.

“It’s clear many stores are not in compliance with the bag ban. What matters here is DEC enforcement is needed to protect our environment and communities. Without enforcement, these plastic bags will continue to go to landfills and incinerators, clog recycling systems, and become pollution that can injure wildlife,” said Rachana Shah, a volunteer with Beyond Plastics Queens.

The bottle bill is another solid waste law in need of DEC enforcement. In New York City, numerous obstacles make bottle deposit redemption inaccessible to customers. With no redemption centers in Manhattan, returning containers to retailers is the only option for residents in the borough. Yet stores are often not set up to redeem deposit containers. In fact, many stores may not even be aware they are required to do so by law, despite the law being 40 years old.

"We will never achieve our climate and zero-waste goals without real, binding rules for businesses, as well as agencies, that have the courage and commitment to enforce those rules. Lack of resources isn't a good enough excuse when our communities, and our entire planet, are on the line. The DEC's lack of enforcement of effective systems like the bottle bill, as well as new initiatives like the plastic bag ban, is actively jeopardizing New York's future," said Ryan Castalia, executive director of Sure We Can, a nonprofit redemption center based in Brooklyn.

The Bigger Better Bottle Bill, a state bill pending in Albany that is supported by Sure We Can and environmental groups, would increase the deposit to 10 cents and include more containers in the program. But while legislation is pending, many redemption centers are struggling to stay open, and advocates say the lack of attention from the DEC puts the current deposit system in further peril. In addition to enforcing deposit redemption, the DEC has long been in the process of amending regulations concerning timely pickups and payments made by distributors to redemption centers, and fair audits, among other issues (6 NYCRR Part 367). DEC held two stakeholder meetings in September 2022 but redemption centers are still awaiting updated regulations.

"It is essential that New Yorkers can easily redeem their beverage containers through the state's highly successful bottle deposit law," said Ryan Thoresen Carson, NYPIRG's Solid Waste Campaign Coordinator. "While most New Yorkers can redeem their bottle deposits easily, residents of New York City can face unique challenges. If stores are unaware of their responsibilities or have reverse vending machines that are on their last legs, the DEC has a responsibility to educate businesses that are not in compliance and make existing programs known so that businesses can access them. The DEC must do more to strengthen the city's recycling infrastructure. That starts with more public education and activating the available resources."

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