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
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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