The Town of South Hadley hereby finds that the reduction in
the use of disposable checkout bags by retail establishments in the
Town is a public purpose that protects the environment, advances solid
waste reduction, reduces greenhouse gas emissions, and protects waterways.
The Town seeks to reduce the number of plastic bags that are being
used, discarded and littered, and to promote the use of reusable checkout
bags by retail establishments located in the Town.
No retail establishment, retail food establishment, or retail service establishment as defined in §
196-2A, Definitions, shall sell or convey merchandise to ultimate consumers in said establishments and shall only use such bags that are:
C. Compostable
plastic bags.
This regulation shall not apply to the following:
A. Thin-film
plastic bags used to contain dry cleaning, newspapers, produce, meat,
bulk foods, wet items and other similar merchandise, typically without
handles;
B. Any flexible
transparent covering for uncooked or raw meat, poultry, raw fish,
hard cheese, cold cuts, fruit, and vegetable products, baked goods
or bread.
For purposes of this section, if a violation of any section
of this regulation has occurred, the Health Department, and/or its
designee and/or the DPW, Solid Waste Division, and/or its designee
shall issue the following penalties.
Penalties shall be paid to the Town Clerk's office within 21
days; nonpayment of such fines may be enforced through noncriminal
disposition as provided in MGL c. 40, § 21D.
A. For the
first offense: $100.
B. For the
second offense: $200.
C. For the
third and subsequent offenses: $300.
This chapter shall take effect on July 1, 2018.
If any provision of these regulations is declared invalid or
unenforceable, the other provisions shall not be affected thereby
but shall continue in full force and effect.