[HISTORY: Adopted by the Town Meeting of the Town of Marblehead
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 156.
[Adopted 5-5-2014 ATM
by Art. 28]
The production and use of thin-film, single-use checkout bags
have been shown to have significant detrimental impacts on the environment,
including, but not limited to, contributing to the potential death
of marine animals through ingestion and entanglement; contributing
to pollution of the land environment; creating a burden to solid waste
collection and recycling facilities; clogging storm drainage systems;
and requiring the use of millions of barrels of crude oil nationally
for their manufacture. The purpose of this bylaw is to eliminate the
usage of thin-film, single-use plastic bags by all retail establishments
in the Town of Marblehead thereby promoting the health and safety
of the citizens of the Town through the preservation of the environment.
The following words shall, unless context clearly indicates
otherwise, have the following meanings:
The American Society for Testing and Materials (ASTM) International
"Standard Specification for Compostable Plastics" which includes those
plastics and products made from plastics that are designed to be composted
under aerobic conditions in municipal and industrial aerobic composting
facilities.
ASTM International "Standard Specification for Biodegradable
Plastics in the Marine Environment" which includes those plastics
and products that are designed to be biodegradable under the marine
environmental conditions of aerobic marine waters or anaerobic marine
sediments, or both.
A bag provided by a store to a customer at the point of sale
for the purpose of removing products purchased therein. Carryout bags
shall not include those bags, whether plastic or not, intended for
the use by a customer for placing loose produce or other bulk food
items to carry to the point of sale or checkout area of the store.
A plastic bag that (1) conforms to the current ASTM D6400
specifications for compostability; (2) is certified and labeled as
meeting the ASTM D6400 standard specifications by a recognized verification
entity.
The Director of Public Health or his/her designee.
A plastic bag that conforms to the current ASTM D7081 standard
specification for marine degradability.
Any commercial business facility that sells goods directly
to the consumer including but not limited to grocery stores, pharmacies,
liquor stores, "mini-marts," and retail stores and vendors selling
clothing, food and personal items.
A bag with handles that is specifically designed for multiple
reuse and is either made of cloth or other washable fabric; or made
of durable plastic three mils in thickness, or of some other durable
material; does not contain lead, cadmium, or any other heavy metal
in toxic amounts.
Those bags typically with handles, constructed of high-density
polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density
polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate
(PET), polypropylene (other than woven and non-woven polypropylene
fabric) if said film is less than 3.0 mils (0.0762mm) in thickness
and which do not meet the ASTM D6400 and ASTM D7081 standard specifications.
A.
No retail
establishment in the Town of Marblehead shall provide thin-film, single-use
plastic bags to customers.
C.
Exception:
Thin-film plastic bags typically without handles which are used to
contain dry cleaning, newspapers, produce, meat, bulk foods, wet items
and other similar merchandise are not prohibited under this bylaw.
A.
The Board
of Health, the Director of Public Health and persons designated by
the Director of Public Health shall have the authority to administer
and enforce this bylaw.
B.
Whoever
violates any provision of this bylaw may be penalized by a non-criminal
disposition process as provided in MGL c. 40, § 21D.
C.
For the
first violation, the Director of Public Health or its designee, upon
determination that a violation has occurred, shall issue a written
warning notice to the establishment which will specify the violation
and the appropriate penalties in the event of future violations.
E.
Fines are
cumulative and each day or portion thereof shall constitute a separate
offense. If more than one, each condition violated shall constitute
a separate offense.
F.
Whoever
violates any provision of this bylaw may be penalized by indictment
or on complaint brought in the district court. Except as may be otherwise
provided by law and as the district court may see fit to impose, the
maximum penalty for each offense shall be $300.
A.
Each section
of this bylaw shall be construed as separate to the end that if any
section, sentence, clause or phrase thereof shall be held invalid
for any reason, the remainder of that bylaw and all other bylaws shall
continue in full force.
B.
This bylaw
shall take effect 12 months following the effective date of the bylaw
to allow time for retail establishments to use their existing inventory
of plastic checkout bags and to convert to alternative packaging materials.
The Board of Health may adopt and periodically amend rules and
regulations to effectuate the purposes of this bylaw. Prior to the
adoption and subsequent amendment to the rules and regulations, if
any, the Board of Health shall hold a public hearing. Notice of the
time and place of the hearing, and of the subject matter, sufficient
for identification, shall be published in a newspaper of general circulation
in the Town once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the hearing. A copy
of the adopted regulations shall be made available at the office of
the Town Clerk and as otherwise deemed appropriate by the Board of
Health. Failure by the Board of Health to promulgate such rules and
regulations shall not have the effect of suspending or invalidating
this bylaw.
[Adopted 5-5-2014 ATM
by Art. 29]
Expanded polystyrene food containers form a significant portion
of the solid waste stream going into our landfills. Local landfills
are running out of room; our future solid waste may need to be transported
hundreds of miles to a landfill at a considerable cost. Expanded polystyrene
is not biodegradable; once buried in a landfill, it will remain for
centuries. The elimination of expanded polystyrene food and beverage
containers is in the best interest of the health and welfare of the
inhabitants of the Town of Marblehead.
As used in this article, the following terms shall have the
meanings indicated:
Single-use disposable products for serving or transporting
prepared, ready-to-consume food or beverages, including, without limitation,
take-out foods and/or leftovers from partially consumed meals prepared
by a restaurant and/or retail food establishment. This includes, but
is not limited to, plates, cups, bowls, trays, hinged or lidded containers,
straws, cup lids, or utensils. It shall not include single-use disposable
packaging for unprepared foods.
Blown polystyrene (polystyrene that has been expanded or
blown using a gaseous blowing agent into a solid foam) and expanded
and extruded forms, which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of techniques
including, but not limited to, fusion of polymer spheres (expandable
bead polystyrene), injection molding, form molding, and extrusion-blow
molding (extruded foam polystyrene), sometimes called Styrofoam, a
Dow Chemical Co. trademarked form of polystyrene foam.
Any food or beverage prepared on the restaurant and/or retail
food establishment's premises using any cooking or food preparation
technique. Prepared food shall not include any raw uncooked meat,
fish or eggs unless provided for consumption without further food
preparation. Prepared food may be eaten on or off the food establishment's
premises.
Any establishment which serves food for consumption, whether
on or off the premises, and which may also maintain tables for the
use of its customers.
Any establishment which sells food for consumption off the
premises, including but not limited to grocery stores, theaters and
all other food service establishments not included in the definition
of a "restaurant" in this section.
Expanded polystyrene food or beverage containers shall not be
used to package or serve food or beverages by restaurants and/or retail
food establishments within the Town of Marblehead. This bylaw shall
not apply to the packaging of uncooked meat, uncooked poultry, and/or
uncooked fish.
Not later than 60 days following approval hereof by the Attorney
General, the Board of Health shall adopt a list of available suitable
affordable biodegradable/compostable or recyclable alternatives for
each product type, which the Board of Health shall update regularly.
A.
The Board
of Health, the Director of Public Health and persons designated by
the Director of Public Health shall have the authority to administer
and enforce this bylaw.
B.
Whoever
violates any provision of this bylaw may be penalized by a non-criminal
disposition process as provided in MGL c. 40, § 21D.
C.
For the
first violation, the Director of Public Health or its designee, upon
determination that a violation has occurred, shall issue a written
warning notice to the establishment which will specify the violation
and the appropriate penalties in the event of future violations.
E.
Fines
are cumulative and each day or portion thereof shall constitute a
separate offense. If more than one, each condition violated shall
constitute a separate offense.
F.
Whoever
violates any provision of this bylaw may be penalized by indictment
or on complaint brought in the district court. Except as may be otherwise
provided by law and as the district court may see fit to impose, the
maximum penalty for each offense shall be $300.
A.
Each section
of this bylaw shall be construed as separate to the end that if any
section, sentence, clause or phrase thereof shall be held invalid
for any reason, the remainder of that bylaw and all other bylaws shall
continue in full force.
B.
This bylaw
shall take effect 12 months following the effective date of the bylaw
to allow time for restaurants and retail food establishments to use
their existing inventory of expanded polystyrene food or beverage
containers and to convert to alternative materials.
The Board of Health may adopt and periodically amend rules and
regulations to effectuate the purposes of this bylaw. Prior to the
adoption and subsequent amendment to the rules and regulations, if
any, the Board of Health shall hold a public hearing. Notice of the
time and place of the hearing, and of the subject matter, sufficient
for identification, shall be published in a newspaper of general circulation
in the Town once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the hearing. A copy
of the adopted regulations shall be made available at the office of
the Town Clerk and as otherwise deemed appropriate by the Board of
Health. Failure by the Board of Health to promulgate such rules and
regulations shall not have the effect of suspending or invalidating
this bylaw.
