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