[Adopted 4-2-2017 ATM
by Art. 23]
The production and use of thin-film single-use plastic checkout
bags have significant impacts on the environment, including, but not
limited to: contributing to the potential death of aquatic and land
animals through ingestion and entanglement; contributing to pollution
of the natural 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 protect the Town's unique natural
beauty and its water and natural resources by eliminating single-use
plastic checkout bags that are distributed in the Town of Wayland
and to promote the use of reusable bags.
A carryout bag provided by a store to a customer at the point
of sale. Checkout bags shall not include bags, whether plastic or
not, in which loose produce or products are placed by the consumer
to deliver such items to the point of sale or checkout area of the
store.
A retail establishment where more than fifty percent (50%)
of the gross floor area is devoted to the sale of food products for
home preparation and consumption, which typically also offers home
care and personal care products.
Any business facility that sells goods directly to the consumer
whether for or not for profit, including, but not limited to, retail
stores, restaurants, pharmacies, convenience and grocery stores, liquor
stores, seasonal and temporary businesses.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is either polyester, polypropylene, cotton
or other durable material, or durable plastic that is at least 4.0
mils in thickness.
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), or polypropylene (other than woven and non-woven polypropylene
fabric), if said film is less than 4.0 mils in thickness.
A paper bag that is 100 percent recyclable and contains at
least 40% post-consumer recycled content, and displays the words "recyclable"
and "made from 40% post-consumer recycled content" in a visible manner
on the outside of the bag.
This bylaw shall be known as the "Plastic Bag Reduction Bylaw."
A.
Thin-film single-use plastic bags shall not be distributed, used,
or sold for checkout or other purposes at any retail store or grocery
store within the Town of Wayland.
B.
If a retail store provides or sells checkout bags to customers, the
bags must be one of the following: (1) recyclable paper bags, or (2)
reusable checkout bags.
C.
Thin-film plastic bags used to contain dry cleaning, newspapers,
produce, meat, bulk foods, wet items and other similar merchandise,
typically without handles, are still permissible.
This bylaw shall take effect six (6) months following approval
of the bylaw by the Attorney General or January l, 2018, whichever
is later. Upon application of the owner or the owner's representative,
the Select Board or its designee may exempt a retail store from the
requirements of this section for a period of up to six (6) months
upon a finding by the Select Board that (1) the requirements of this
section would cause undue hardship; or (2) a retail store requires
additional time in order to draw down an existing inventory of checkout
bags.
A.
Enforcement of this bylaw shall be the responsibility of the Select
Board or its designee. The Select Board or its designee shall determine
the monitoring process to be followed, which may be limited to responding
to citizen reports, incorporating the process into other Town duties
as appropriate.
B.
Any retail or grocery store distributing plastic checkout bags in
violation of this bylaw shall be subject to a noncriminal disposition
fine as specified in § 2-2 of the Bylaws, Noncriminal disposition
of violations; enforcement. Any such fines shall be paid to the Town
of Wayland.
If any provision of this bylaw is declared invalid or unenforceable
the other provisions shall not be affected thereby.
