[HISTORY: Adopted by the Town Meeting of the Town of South
Hadley 5-10-2017 ATM by Art. 21. Amendments noted where applicable.]
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.
A.
ASTM
BIODEGRADABLE PACKAGING
COMPOSTABLE PACKAGING
MERCHANDISE
RECYCLABLE
RETAIL ESTABLISHMENT
RETAIL FOOD ESTABLISHMENT
RETAIL SERVICE ESTABLISHMENT
Definitions.
A testing standard developed by the American Society for
Testing and Materials.
Packaging, other than plastic or Styrofoam, which composts
into beneficial breakdown components.
Packing that is made of material that conforms to the current
American Society for Testing and Materials International D6400 for
compostability.
Products that are purchased in the retail establishments.
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of using
the altered form in the manufacture of new product. "Recycling" does
not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
All sales outlets, stores, shops, restaurants, markets, supermarkets,
clubs or other places of business located within the Town of South
Hadley which sell or convey merchandise directly to the ultimate consumer.
All sales outlets, stores, shops, restaurants, markets, supermarkets,
clubs or other place of business 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.
All places of business located within the Town of South Hadley
where a service, specialized or professional work is offered to the
public, regardless of whether there is a charge for the service.
B.
BIODEGRADABLE BAGS
COMPOSTABLE PLASTIC BAGS
REUSABLE BAGS
THIN-FILM SINGLE-USE PLASTIC BAGS
Bag definitions.
Bags that:
Plastic bags that:
Bags that have a thickness greater than 4.0 mils and are
specifically designed for multiple use and are made of thick recyclable
plastic, cloth, fabric or other durable materials that do not decompose
into harmful chemical components. A reusable bag may be recyclable
or compostable and is specifically designed and manufactured for multiple
reuse.
Bags with a thickness of 4.0 mils or less and which are intended
for single-use transport of purchased products.
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:
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.
Upon written
application, the enforcing designee may defer application of any section
of this regulation for a six-month period after the effective date,
upon showing any of the following hardships:
B.
Any entity
granted a deferment must reapply prior to the end of the six-month
exemption period and demonstrate continued undue hardship if it wishes
to have the deferment extended. Deferments may only be granted in
intervals not to exceed six months.
C.
A deferment
granted in accordance with this section may be extended for no more
than two six-month periods, upon written request to the enforcing
designee at least two months prior to the expiration of the prior
deferment period and upon a showing that the circumstances justifying
the deferment continue to exist.
D.
A deferment
application shall include all information necessary for the enforcing
designee to make its decision, including, but not limited to, documentation
showing the factual support for the claimed deferment period and upon
a showing that the circumstances justifying the deferment continue
to exist.
E.
The enforcing
designee may approve the deferment application, in whole or part,
with or without conditions that it deems necessary to protect the
environment and public health and further the interests of this regulation.
F.
Deferment
decisions are effective immediately and final.
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.