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Home My WebLink About1990-01-10 II BOARD OF PUBLIC WORKS The Minutes of the Meeting of Wednesday January 10, 1990 at 7:30 PM. The meeting was held in the Board of Selectmen's Hearing Room, Town and County Building, ~antucket, MA 02554. All members of the Board were present. Chairman Sevrens ~alled the meeting to order at 9:36 PM. I j rublic Hearing to Adopt Biodegradable Packaging Regulations to take effect ~pril 15, 1990. Mr. Bruce Perry explained that only minor technical changes ~ad been made since the Board's earlier approval of the regulations on November ~9, 1990; he stated that plastic and styrofoam were not allowed, however, there ere certain exceptions such as for bakery goods and fresh meats. Mr. Grossman oved adoption of the regulation as amended. Mr. Ira Rose stated that there ere problems with the provision for appeals as an appeal could only be made . or materials on hand currently. The Board explained that there had been plenty, f notice to get rid of unacceptable materials as this bylaw had first been i oted in the spring of 1988. Mr. Grossman stated that the regulation allowed ~or appeals independent of penalties and amended his motion to strengthen this y further amending the regulation by adding the word "also" before the word 'hear" in the second paragraph of section 6. Seconded by Mr. Viera. So voted. he regulation is attached to these minutes. I ~here being no further business before the Board, the Board voted unanimously ~o adjourn at 10:00 PM to reopen as the Board of Selectmen. : '/'~ rUbmitted for review the (-I cra:y of January 1990. I I I I ~ ~ pproved the~ day of Lee Bourgoin I Executive Secr January 1990. . ....H..." ~.., "TUCK I,. ..... "" ....... t:" I" ~ 0' ..... l... ...... +" fi.....~ ....~\ ::l': ~..U-~ !c; :~: -...... ",.: - ."","~....,~..- :.\ ~"".lr" f = ~ -'",'-.. ~~. .I"'....! ~10 CO .... - ... 0," '\,011 .........0'-- '00" -0" A 1 t ,~..-- .........,." TOWN OF NANTUCKET (508) 228-7255 TOWN OF NANTUCKET BOARD OF PUBLIC WORKS REGULATION # 71.00 BIODEGRADABLE PACKAGING REGULATION ADOPTED JANUARY 10, 1990 SECTION 1: INTENT OF REGULATION The Town of Nantucket recognizes 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 towards reducing the filling of the Town's landfill as well as towards reducing the economic and environmental costs of waste management. In addition, the Town finds that discarded non-biodegradable packaging and plastic contained within the waste stream of Nantucket is a fundamental 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 (DEP) mandates closure of existing unlined landfills in sensitive groundwater areas by 1993; that solid waste receiving areas outside the Island of Nantucket are becoming increasingly uncertain and expensive; and that for both economic and environmental reasons, measures to simplify the chemical complexity of solid waste and, thereby, to streamline solid waste management must be vigorously pursued. The Town 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 may be 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 the resulting mixed substance waste stream is a serious impediment to solid waste management programs that are being considered for the Town and County of Nantucket. 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 ground- water 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 origin 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 recognizes that there are readily available paper or biodegradable product substitutes for most of the retail packaging now being used on the Island, the use of which alternatives would be environmentally and economically advantageous to the community of Nantucket. Therefore, the purpose of this bylaw is to incrementally, to the maximum extent possible, eliminate the use of non-biodegradable 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 for use within the Town and County of Nantucket. B. "Biodegradable Packaging" shall mean packaging other than plastic or styrofoam. 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 predomin- ately wrapped contained, wrapped, or held in or on packaging. D. "Retail Food Establishment" shall mean all sales outlets, stores, shops or other places of business located in 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 is 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 places 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 bus{ness within the Town and County of Nantucket shall sell or convey merchandise !to the ultimate consumers within the Town and County of Nantucket unless such ~erchandise is sold without additional packaging or placed, wrapped or packaged in biodegradable packaging at the conclusion of any sales transaction which takes place on the premises of such retail establish- ment 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-biodegrad- able materials. SECTION 4: EXEMPTIONS Section 3 of this regulation 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, or lids that are not replaceable by biodegrad- able substitutes; D. Any other packaging that is non-biodegradable for which there is no available sub- stitute, so that a "hardship" is found by the method described in Section 6 below. However, any reasonably absorbable increase in cost of the replacement item is not considered a hardship. E. Any packaging which was purchased by the retail establishments prior to August 1, 1989 may be used. Proof of the date of purchase of such packaging must be presented upon request or in the case of appeal. SECTION 5: PENALTIES In accordance with Chapter 91 Sections 3 & 6 of the Code of the Town of Nantucket, violations of these Regulations shall be subject to the penalties set forth in Chapter 1 of the Code of the Town of Nantucket. SECTION 6: APPEAL PROCESS Appeals of penalties shall be made to the Packaging Review Committee 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 Departments, and two members of the community. This committee will also hear the applications for hardship and make recommendations to the Board of Public Works for its 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 amendments thereto) of the Code of the Town of Nantucket 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. .~ This regulation is adopted on the ~ day of January, 1990 and shall take effect on April 15, 1990. Nancy J. w~:.e \}, '- ~~ JOhn[F. ~Laughlin ~ ~D C J '", " ',~ 'it ,L ~ Q\LL-t, ~a e COO~'~ .. , , ',',~ c, .~ / ~ I ' 'j L---J",~"'-,,- Bernard D. Grossman BOARD OF PUBLIC WORKS TOWN OF NANTUCKET