On July 23, 2019, Seabrook Island Town Council gave final approval to Ordinance 2019-08 entitled: “An ordinance prohibiting the distribution of single-use plastic carryout bags, plastic straws, and polystyrene coolers, cups and other food containers by any business establishment operating in the Town of Seabrook Island.” With the adoption of Ordinance 2019-08, the Town of Seabrook Island has joined a growing list of communities across the State of South Carolina which have banned single-use plastic bags, food and beverage containers, service ware, straws and polystyrene foam products. Other jurisdictions with similar restrictions include: Arcadia Lakes, Beaufort, Bluffton, Camden, Charleston, Edisto Beach, Folly Beach, Hilton Head Island, Isle of Palms, James Island, Kiawah Island, Mount Pleasant, North Myrtle Beach, Port Royal, Sullivans Island, Surfside Beach, and Beaufort and Charleston Counties. The Town of Seabrook Island’s new ordinance will go into effect on January 1, 2020. The requirements of Ordinance 2019-08 will apply to all business establishments operating in the Town of Seabrook Island. A “business establishment” is defined as: “Any enterprise that sells or offers goods or merchandise to its customers through its employees, independent contractors associated with the business, or volunteers acting on behalf of the enterprise. The term includes sole proprietorships, joint ventures, partnerships, corporations, or any other form of legal entity whether for profit or not for profit, including those referenced and identified as a food provider.” Beginning January 1, 2020, the sale and/or distribution of the following types of products and materials by business establishments in the Town will be restricted by Ordinance 2019-08:
Below is a table illustrating the types of plastic materials which will be prohibited by the Town Code, pursuant to Ordinance 2019-08: For additional information related to exemptions from the plastic ban, enforcement and penalty provisions, and procedures for requesting an exemption from the ban, please refer to Ordinance 2019-08.
If you have any questions about the town's new plastic restrictions, please feel free to contact us by phone at (843) 768-9121 or by email at [email protected]. On March 26, 2019, Seabrook Island Town Council adopted Resolution No. 2019-18, the purpose of which was to state Town Council's opposition to Senate Bill 394 ("S. 394"), which is currently pending consideration in the South Carolina Legislature. The purpose of S. 394 is to restrict the authority of local governments to regulate the use of "auxiliary containers," including single-use plastic containers and related items.
In February of 2019, Town Council adopted a list of Strategic Priorities for the upcoming year. One of these priorities included Town Council's desire to "develop and implement an ordinance to ban single-use plastic bags." If S. 394 is enacted into law, the Town of Seabrook Island, along with other coastal communities, would be pre-empted by the state from adopting and enforcing regulations on single-use plastic containers. The Mayor and Council have expressed their "adamant opposition to any legislation pending in the South Carolina General Assembly that would override local jurisdiction and prevent local regulation of plastics contamination." On April 10, 2019, a copy of Resolution No. 2019-18 was sent by Mayor Ron Ciancio to Rep. Peter M. McCoy, Jr. and Sen. George E. Campsen, both of whom represent the Town of Seabrook Island in the South Carolina Legislature. Plastics, especially single-use plastic bags made from forms of polyethylene terephthalate (PET) -- a non-renewable and non-biodegradable petroleum or natural gas by-product -- have proven to be an environmental hazard worldwide, contributing to extensive litter and water pollution that is life-threatening to wildlife, marine species and humans. To date, the following communities in South Carolina have adopted similar regulations on single-use plastic containers and related items:
View Resolution No. 2019-18 View Mayor Ciancio's Letter to Rep. McCoy and Sen. Campsen |
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