[Adopted by the Board of Selectmen (now Select Board) 1-10-1990[1]]
[1]
Editor's Note: The Select Board approved the codification
of its regulations 4-13-2022.
A.
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.
B.
In addition, the Town finds that discarded nonbiodegradable packaging
and plastic contained within the waste stream of Nantucket is a fundamental
cause of problems associated with solid waste disposal.
C.
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 streamline solid waste management must be vigorously pursued.
D.
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 nonbiodegradable 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.
E.
The Town further finds that the widespread use of plastics and nonbiodegradable
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.
F.
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.
G.
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.
H.
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.
I.
Therefore, the purpose of this regulation is to incrementally, to
the maximum extent possible, eliminate the use of nonbiodegradable
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.
As used in these regulations, the following terms shall have
the meanings indicated:
Packaging other than plastic or Styrofoam.
Products that are purchased in retail stores.
All food and retail-related wrappings, adhesives, cords,
bindings, strings, bags, boxes, containers, portable Styrofoam coolers,
and disposable or nonreusable plates, cups, or drinking utensils intended
for use within the Town and County of Nantucket.
[Amended 8-8-1990]
All sales outlets, stores, shops or other places of business
located within the Town and County of Nantucket which sell or convey
merchandise directly to the ultimate consumer.
[Amended 8-8-1990]
All sales outlets, stores, shops, restaurants, clubs or other
places of business located within the Town and County of Nantucket
which sell, serve or convey foods directly to the ultimate consumer.
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, sold or offered to the public;
similar places in which food or drink is prepared for sale or service
on the premises or elsewhere; and any other establishment or operation,
including in-home caterers, where food is processed, prepared, stored,
served or provided for the public, regardless of whether there is
a charge for the food.
[Amended 8-8-1990]
All places of business located within the Town and County
of Nantucket where a service, specialized or professional work is
offered to the public, regardless of whether there is a charge for
the service.
[Added 8-8-1990]
A.
No retail establishment located and doing business within the Town
and County of Nantucket shall sell or convey merchandise to ultimate
consumers within the Town and County of Nantucket unless such merchandise
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 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 customer within the Town and County of Nantucket if such food
container is composed of nonbiodegradable materials.
C.
Any packaging added by a retail service establishment located and
doing business within the Town and County of Nantucket shall be of
biodegradable material.
[Added 8-8-1990]
D.
All household and commercial waste taken to the landfill (other than
construction and demolition debris, landscaping debris, appliances,
furniture and hazardous waste) must be contained within transparent
trash bags, effective January 1, 2000.
[Added 10-20-1999]
Section 349-15 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 materials, or lids that are not replaceable
by biodegradable substitutes.
D.
Any other packaging that is nonbiodegradable for which there is no available substitute, so that a "hardship" is found by the method described in § 349-18 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 case of appeal.
A.
Appeals of penalties shall be made to the Packaging Review Committee
established by the Select Board 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 four members of
the community.
[Amended 8-8-1990]
B.
This Committee will hear the applications for hardship and make recommendations
to the Board of Public Works for its decision in the matter.
C.
In addition to the above-mentioned procedures, the Town may, at its discretion, seek to obtain voluntary compliance with Chapter 125, Solid Waste Disposal, § 125-3 (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 noncompulsory methods must be employed.
