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HomeMy WebLinkAboutSTMI - ARTICLE 16 - Mandel Motion-Miller AmendmentARTICLE 16 (Bylaw: Single Use Plastics) Bruce Mandel Motion Bruce Miller Amendment Move to amend the General Bylaws by adopting a bylaw entitled “The Regulation of Sale, Distribution and Commercial Use of Certain Single Use Plastics”, the text of which follows (with underlined text below showing additions to the version of the bylaw that was printed in the warrant), or take any other action relative thereto: Section I. Definitions and Purpose Definitions: Single-use plastics – are petroleum-based plastic products that are intended to be used only once before they are thrown away. They are “disposable” products. The items covered by this Bylaw are listed herein. Commercial use - using the petroleum-based plastic products listed herein by a business, directly/indirectly for financial gain or convenience. Petroleum -based plastic – plastics manufactured using petroleum derived polymers. Plant-based plastics are exempted from this Bylaw. Purpose: The purpose of the Bylaw is to protect the health and safety of Nantucket’s present and future generations, protect the Town’s single source aquifer, its scenic visage, historic status, reduce litter, reduce the threat to the environment caused by rapid filling of the landfill space and by possible introduction of toxic by-products into the groundwater and general environment, protect marine animals and food sources and save the citizens of the Town money. There are safe alternatives for each of the single-use petroleum-based plastic items banned. BY-LAW: Section II. Sale, distribution and commercial use of petroleum-based single use plastic products. It shall be unlawful to sell, distribute or otherwise commercially use the following single-use petroleum-based plastic products in the Town and County of Nantucket on or after June 1, 2019 2020: Straws and drink stirrers; Six-pack can and bottle flexible yokes; Single use drinking cups and lids; Plates and non-compostable eating utensils; Drinking water in single-serve polyethylene terephthalate (PET) containers of 1 liter (34 ounces) or less; and Single use, non-recyclable coffee pods Section III. Exemption for Emergencies and other Drinking water - Sales occurring after a declaration of an emergency adversely affecting availability and/or quality of drinking water to Nantucket residents by the emergency Management Director or other duly authorized Town, Commonwealth or United States official shall be exempt from this Bylaw until seven (7) calendar days after such declaration has ended. Medical packaging and medically required usage are exempted providing no recyclable alternatives are available. Plant-based plastics are exempted from this Bylaw. Section IV. Enforcement Process Enforcement of this Bylaw shall be the discretionary responsibility of the Town Manager or her/his designee. Police officers and Health Agents have the authority to enforce this Bylaw. The Town Manager shall determine the inspection process to be followed, incorporating the process into other Town duties as appropriate. Any establishment conducting sales, distribution or otherwise engaging in the commercial use of the prohibited plastic products in violation of this Bylaw shall be subject to a noncriminal disposition fine as specified in Article II of Chapter 1 of the Code of the Town of Nantucket under M.G.L. Chapter 40, § 21D. Any such fines shall be paid to the Town of Nantucket. Enforcement shall be through the process of noncriminal disposition under MGL c. 40, § 21D and Article II of Chapter 1 of the Code of the Town of Nantucket. V. Suspension of the Bylaw If the Town Manager determines that the cost of implementing and enforcing this Bylaw has become unreasonable, then the Town Manager shall so advise the Select Board, and the Select Board shall conduct a public hearing to inform the citizens of such costs. After the public hearing, the Select Board may continue this Bylaw in force or may suspend it permanently or for such length of time as they may determine. VI. Severability The provisions of this article are severable. If any part of this section should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the article, and the remainder of the article shall stay in full force and effect.And to amend the Code of the Town of Nantucket by adding the following: Bylaw Fine Schedule Fine Allowed Enforcement Agency The Regulation of Sale, Distribution and Use of Single Use Plastic Containers and Utensils 1st Offense Warning Town Manager's Designee 2nd Offense $100.00 3rd & each subsequent offense $200.00 per day