Chapter 220: Biodegradable Packaging

Editor's Note: The Select Board approved the codification of its regulations, as revised, 4-13-2022.

This regulation is adopted by the Board of Public Works pursuant to the authority granted under Chapter 125, Solid Waste Disposal, § 125-3, of the Code of the Town of Nantucket and the general authority of the Board of Public Works pursuant to Chapter 169 of the Acts of 1965, as amended by Chapter 259 of the Acts of 1987.

The Town of Nantucket recognizes that discarded packaging constitutes the largest single category of waste within the Town and County of Nantucket's waste stream and is, therefore, a necessary focus of any effort towards reducing the filling of the Town's landfill as well as towards reducing the economic and environmental costs of waste management.

The Town finds that discarded nonbiodegradable packaging and plastic contained within the waste stream of Nantucket is a fundamental cause of problems associated with solid waste disposal.

The Town understands that the landfill space within the Town and County of Nantucket is diminishing rapidly; that the availability of solid waste receiving areas outside the Island of Nantucket is becoming increasingly uncertain and expensive; and that for both economic and environmental reasons, measures to simplify the chemical complexity of solid waste and, thereby, to streamline solid waste management must be vigorously pursued.

The Town finds that the chemical composition and the ability of a substance to biodegrade are meaningful and useful criteria to focus upon when establishing public policy that is intended to improve the management and disposal of solid waste, reduce the cumulative impact of litter, encourage composting and other forms of recycling, and otherwise anticipate environmental problems that may be caused by municipal solid waste disposal programs.

The Town finds and determines that the use of plastics and other nonbiodegradable packaging has become widespread throughout the island and the resulting mixed-substance waste stream is a serious impediment to solid waste management programs for the Town and County of Nantucket.

The Town further finds that the widespread use of plastics and nonbiodegradable packaging poses a threat to the environment on the Island of Nantucket by causing rapid filling of the landfill space and by the possible introduction of toxic by-product into the groundwater and general environment of the Island of Nantucket.

The economic and environmental problems associated with the mixed-substance waste stream are so severe that a program of incrementally simplifying the chemical composition of solid waste, thereby encouraging the composting of putrescible wastes and encouraging other forms of recycling of solid waste substances, is a policy goal of the Town of Nantucket.

§ 220-2 Definitions.

As used in this regulation, the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed:

BIODEGRADABLE

The entire product or packaging is not made of plastic or Styrofoam and is made of a material that will completely break down and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal.

PACKAGE or PACKAGING

Any packaging, including, without limitation, bags, boxes, containers and wrapping.

REUSABLE CONTAINER

A bag or container that is specifically designed and intended for reuse and is either made of cloth or machine-washable fabric or is made of other durable material that is intended for reuse and is capable of being cleaned and disinfected.

VENDOR

Any person, corporation, partnership, business venture, public sports or entertainment facility, government agency, street vendor at public events or festivals or organizations that sell or provide merchandise, goods or materials, including, without limitation, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. Examples include but are not limited to department stores, restaurants, food vending trucks, farmers markets and temporary food vendors of food and merchandise at street fairs and festivals. Food banks and other food assistance programs are not considered to be retail establishments for the purpose of this definition.

§ 220-3 Use of biodegradable packaging.

All packaging added to or supplied by a vendor within the Town of Nantucket for the purpose of transporting merchandise of any type shall be biodegradable.

Reusable containers and recyclable paper or cardboard containers are allowable alternatives and vendors shall encourage the use of such containers by allowing customers to bring their own containers or by providing reusable containers at no charge or for a reasonable fee.

Enforcement of these regulations shall be deferred until June 1, 2015. Existing stock of nonbiodegradable packaging shall be phased out by that date, and any stock remaining after that date shall be properly disposed of by the vendor. No nonbiodegradable packaging shall be used after June 1, 2015.

Each vendor within the Town of Nantucket shall display a notice proximate to the cash register and plainly visible to its patrons stating the following: "All packaging added or supplied by this vendor or commercial establishment for merchandise of any type being removed from this establishment must be biodegradable packaging. No nonbiodegradable packaging may be added to or supplied by this vendor or commercial establishment for merchandise of any type being removed from the establishment. Board of Public Works Regulation Chapter 220."

This regulation shall not apply to packaging or merchandise where the package is applied to the merchandise by the manufacturer, producer or shipper of the merchandise, which manufacturer, producer or shipper is not a vendor within the Town of Nantucket.

§ 220-4 Waivers.

Upon written application, the Board of Public Works, after a public hearing, may waive application of this regulation for a vendor upon a showing that strict enforcement will cause undue hardship. For purposes of this regulation, an undue hardship is a situation unique to the vendor where there are no reasonable alternatives to the use of nonbiodegradable packaging and compliance with this regulation would cause significant economic hardship to the vendor.

Waivers may be granted for a period of one year and may be renewed upon a showing that the conditions justifying the original waiver still apply.

The Board of Public Works may approve a waiver application, in whole or in part, with or without conditions, that it deems necessary to protect public health and further the interests of the regulation.

§ 220-5 Enforcement.

The Health Department or its designee shall enquire on an annual basis regarding any food establishment's compliance with this regulation as a condition for the renewal of the vendor's food service permit.

The Health Department, after a hearing conducted in accordance with the procedures set forth in 105 CMR 590.14 and 105 CMR 590.15, may suspend or revoke the food service permit for any establishment failing to comply with this regulation.

The Health Department or its designee and the Board of Public Works and its designee are authorized to take any and all actions reasonable and necessary to further the purpose of this regulation or to obtain compliance, including, but not limited to, inspecting any vendor's premises to verify compliance in accordance with applicable law.

The Health Department and/or Board of Public Works may enforce this regulation or enjoin violations hereof through any lawful process, and the election of one remedy shall not preclude enforcement through any other lawful means.

§ 220-6 Violations and penalties.

Whoever violates any provision of this regulation may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided by the law and as the District Court may see fit to impose, the maximum penalty for each violation or offense shall be $300.

As an alternative to initiating criminal proceedings, this regulation may be enforced pursuant to the noncriminal disposition procedure as set forth in MGL c. 40, § 21D and Chapter 1, Article II, of the Code of the Town of Nantucket, in which case the Board of Public Works, the Health Department or their agents shall be the enforcing persons and the penalty shall be $300 for each offense. Fines are cumulative and each day or portion thereof shall constitute a separate offense.