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HomeMy WebLinkAbout1989-11-29 I' BOARD OF PUBLIC WORKS The Minutes of the Meeting of Wednesday November 29, 1989 at 7:30 PM. The meeting was held in the Board of Selectmen's Hearing Room, Town and County Building, Nantucket, MA 02554. All members of the Board were present. Chairman Sevrens called the meeting to order at 8:34 PM. Approval of the Minutes of November 8, 1989 at 7:30 PM. Mr. Viera moved approval of the minutes. Seconded by Ms. Coombs. So voted. Reading of the minutes was waived. iPublic Hearing to Consider Adoption of Specifications for Sanitary Sewers ifor Nantucket. Mr. Viera moved to continue this hearing to December 13, 1989 I lat 7:30 PM to allow DPW Superintendent Jeff Willett to review the comments iof the Town's Engineers. Seconded by Mr. Grossman. So voted. , ipubliC Hearing to Consider Adoption of Regulations relating to Biodegradable [Packaging to take effect April 15, 1990. Mr. Bourgoin stated that if this ,article were passed favorably at the December 12, 1989 Special Town Meeting, lit would allow the Board of Public Works to adopt regulations pertaining to biodegradable packaging. Mr. Grossman suggested that a copy of the proposed Iregulations be sent to each food establishment and transient vendor licensee. IThere was a brief discussion of the exemptions allowed under the proposed Ilregulations. Mr. McLaughlin moved approval of the adoption of the regulations l:compiled by the Biodegradable Packaging Bylaw and Regulation Committee (attached) I!subject to Town Meeting approval of Article 2 of the December 12, 1989 Special iTown Meeting. Seconded by Ms. Coombs. So voted. The Board congratulated Ithe committee for a job well done. I I iRequest to Authorize Preparation of a Change Order to the Sewer Treatment IIPlant Constract, for Pavement of 200' Section of South Shore Road as Access to Surfside Sewer Treatment Plant. Mr. Willett asked that this be taken up ,at tomorrow's meeting. Mr. McLaughlin moved to table this matter until November 130, 1989 at 4:30 PM. Seconded by Mr. Viera. So voted. I 'Mr. Viera suggested that as there was a problem with the no parking signs being removed on Pleasant Street between York Street and Silver Street, that a key system might be implemented. There being no further business before the Board, the Board voted unanimously to adjourn at 8:45 PM to reopen as the Board of Selectmen. Submitted for review the I~~ay of December 1989. ~y-~."~o'~ Lee Bourgoin Executive Secretar '2,d ]tl/'1VCli"V 119 c Approved the:.; - day of Deeeni:Jer 1989. October 18. 1989 CHAPTER 91 SOLID WASTE DISPOSAL SECTION 3 : All packaging added to or supplied by vendors or commercial establishments within the Town of Nantucket for merchandise of any type being removed from the establishment shall be biodegradable, provided however that this sentence shall take effect January 1, 1990. 'Biodegradable packaging' means any packaging other than plastic or styrofoam. .4.DDITIONA.L CLARIFICATION TO THIS SECTION Section 1 : Intent of the By - Law The Town Meeting finds that discarded packaging constitutes the largest single category of waste within the Town and County of Nantucket's waste stream and is, therefore, a necessary focus of any effort to reduce the filling of the Town's landfill as well as reduce the economic and environmental costs of waste management. In addition, the Town Meeting finds that discarded non- boidegradable packaging and plastic contained within the waste stream of Nantucket is a fundemental cause of problems associated with solid waste disposal. The Town understands that the landfill space within the Town and County of Nantucket is diminiShing rapidly; that the Department of Environmental Protection i DEP,l mandates closure of existing unlined landfills in sensitive groundwater areas by 1993: that solid. waste receiving areas outside the Island of Nantucket are becoming increasing uncertain and expensive; and that for both economic and environmental reasons, measures to simplify the chemical complexity of solid waste and, thereby, streamline solid waste management must be vigorOUSly pursued. The Town of Nantucket finds that the chemical composition and ability of a substance to biodegrade are meaningful and useful criteria to focus upon when establishing public policy that is intended to improve the management and disposal of solid waste, reduce the cumulative impact of litter, encourage composting and other forms of recycling, and otherwise anticipate environmental problems that maybe caused by municipal solid waste disposal programs. The Town also finds and determines that the use of plastics and other non-biodegradable packaging has become widespread throughout the Island and Draft Chapier 91 Clarificaiion Page 1 October 18.1989 the resulting mixed substance waste stream is a serious impediment to many solid waste management programs that are being considered for the Town and County of Nanutcket. The Town further finds that the widespread use of plastics and non- biOdegradable packaging poses a threat to the environment on the Island of Nantucket by causing rapid filling of landfill space and by the possible introduction of toxic by products into the groundwater and general environment of the Island of Nantucket. The economic and environmental problems associated with the mixed substance waste stream are so severe that a program to incrementally simplify the chemical composition of solid waste, thereby encouraging the composting of putrescible biodegradable wastes and encouraging other forms of recycling of solid waste substances, is a policy goal of the Town of Nantucket. Certain retail establishments within the Island of Nantucket are points of origins for a substantial volume of packaging waste and, therefore, are particularly susceptible to actions which have significant potential for simplifying the chemical composition of the waste stream. The Town finds that there are readily available paper or biodegradable product substitute for most of the retail packaging now being used on the Island and that the use of which alternatives would be environmentally and economically advantageous to the Community of Nantucket. Therefore. the purpose of this by-law is to incremantally, to the maximun possible, eliminate the use of non-boidegradable packaging originating at retail establishments within the Town and County of Nantucket, in order to protect the air, land, and waters of the Island against environmental contamination and degradation. SECTION 2 DEFINITIONS a.) "Packaging" shall mean all food and retail related wrappings, adhesives, cords, bindings, strings, bags, boxes, containers, and disposable or non-reusable plates, cups, or drinking utensils intended [or use within the Town and County of Nantucket. b,) "Biodegradable Packaging" shall mean packaging other than plastic or styrof oa m. Draft Chapter 91 Clarification Page 2 October 18.1989 c.) "Retail Establishment" shall mean all sales outlets. stores, shops or other places of business located within the Town and County of Nantucket which operate primarily to sell or convey merchandise directly to the ultimate consumer which are predominately wrapped contained, wrapped, or held in or on packaging. dol "Retail Food Establishments" shall mean all sales outlets. stores, shops or other places of business located within the Town and County of Nantucket which operate primarily to sell or convey foods directly to the ultimate consumer which are predominately wrapped contained, wrapped, or held in or on packaging. This definition shall include but not limited to any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for public sale; similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation, including homes, where food is processed, prepared, stored, served, or provided for the public for charge. e,) "Merchandise" means products that are purchased in the retail stores. SECTION 3 PROHIBITION a.) No retail establishment located and doing business within the Town and County of Nantucket shall sell or convey merchandise to the ultimate consu mers within the Town and County of Nantucket unless such merchandise is sold without additional packaging or placed, wrapped, or packed in biodegradable packaging at the conclusion of the sales transaction which takes place on the premises of such retail establishment at or near a sales counter or equivalent customer purchasing station but prior to removal of such merchandise from the premises of such retail establishment. b.) No retail food establishment located and doing business within the Town and County of Nantucket shall give, sell, or provide food containers to any customers within the Town and County of Nantucket if such food container is composed of non-biodegradable materials. SECTION 4 REGULATION The Board of Selectmen acting as the Board of Health shall issue and prom ulgate such rules and regulations as may be necessary to implement and carry out the provisions in this by-law. ( This authority was voted as Article 87 of the 1987 Annual Town Meeting and codified as Section 1 of Chapter 91. ) Draft Chaptet' 91 Clarification Page 3 October 18, 1989 SECTION I:) EXEMPTIONS Section 3 of this by-law shall not apply to the following items: a.) Any flexible transparent covering for uncooked or raw meat, poultry, raw fish, hard cheese, cold cuts, fruit, and vegetable products, baked goods, or bread; b.) Any food packaging used at hospitals or nursing homes; c.) Any plastic covers, covering material, lids that are not replaceable by biodegradable substitutes. d.) "Hardship" anyother packaging that is non biodegradable for which there is no available substitute. Furthermore, an increase cost of the replacement item is not considered a hardship. Penalities can be appealed in the case of hardship as described in Section 6. e.) Any packaging which was purchased by the retail establishments prior to August 1, 1989 maybe used. Proof of the date of purchase of such packaging must be presented upon request or in the case of appeal. SECTION 6 APPEAL PROCESS Appeals of penalities shall be made to the Packaging Review Com mittee as established by the Board of Selectmen acting as the Board of Public Works. This Committee may be made up of a representative of the Department of Public Works, Police and Health Deaprtments, and two members of the Community. This Committee will hear the applications for hardship and make recommendations to the Board of Selectmen for their decision in the matter. In addition to the above mentioned procedures, the Town may, at its discretion, seek to obtain voluntary compliance with Chapter 91 Section 3 and the above additional clarifications by way of notice, warning, or educational means. This section shall not be construed to require that such non-compulsory methods must be employed. Dl'eft Chapter 91 Clarification Page 4