It is in the best interest of the residents of the City of Saco
("City") to protect the environment and natural resources of Maine
by prohibiting the distribution and use of single-use plastic bags.
This chapter intends to encourage the use of degradable resin bags
and/or reusable shopping bags in businesses.
Single-use plastic bags have an adverse effect on the environment.
Because the City is an oceanside community with a river as a natural
border, both aquatic and wild life are affected by the environmentally
hazardous plastic bags. Research has shown that production and disposal
of petroleum-based products can injure or poison animals, disrupt
habitats, and leach into groundwater. Additionally, chemical byproducts
can cause harm to humans, pets, and livestock.
This proposed chapter to be adopted pursuant to the City's
home rule authority pursuant to 30-A M.R.S.A. § 3001 et
seq.
As used in this chapter, the following terms shall have the
meanings indicated:
ASTM INTERNATIONAL
The former American Society for Testing and Materials. It
is now called ASTM International.
ASTM STANDARDS
The standards related to single or reusable bags.
A.
ASTM 5208 is the standard for UV exposure of photodegradable
plastics.
B.
ASTM 5272 is the standard practice for outdoor exposure testing
of photodegradable plastics.
C.
ASTM 5338 is the standard for determining aerobic biodegradation
of plastic materials (requiring oxygen).
D.
ASTM 5511 is the standard for determining anaerobic biodegradation
of plastic materials (does not require oxygen).
E.
ASTM 6400 is the standard for labeling of plastics designed
to be aerobically composted.
BUSINESS
Any business that has or requires a business license with
the City.
DEGRADABLE
A compound that breaks down into simpler compounds by stages.
DEGRADABLE RESIN
A solid or highly viscous substance that is typically convertible
into polymers.
PLASTIC
An organic or petroleum-derived synthetic organic solid that
is moldable.
RETAIL BUSINESS
Any business that sells consumers goods and has or requires
a retail business license with the City.
REUSABLE BAG
A bag with consumer carrying handles that is specifically
designed and manufactured for multiple reuse and is made of cloth,
fiber or other machine washable fabric or regularly disinfected but
not plastic film less than one mil in thickness.
[Amended 4-17-2018]
SINGLE-USE PLASTIC BAG
A bag with consumer carrying handles made from plastic, which
also may or may not be intended for a one-time use. These bags fall
under the category of plastic film.
The provisions of this chapter shall become effective 30 days
after its enactment. Notwithstanding the preceding, the City Administrator
is authorized to delay any enforcement of these provisions for up
to a period of six months so that local businesses may cost-effectively
eliminate existing inventory of plastic bags, and secure replacement
of an acceptable biodegradable alternative.
If any part or provision of this chapter or the application
thereof to any person or circumstance is held invalid, the remainder
of this chapter, including the application of such part or provision
to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of
this chapter are severable.