[HISTORY: Adopted by the City Council of
the City of Saco 4-3-2017. Amendments
noted where applicable.]
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:
The former American Society for Testing and Materials. It
is now called ASTM International.
The standards related to single or reusable bags.
ASTM 5208 is the standard for UV exposure of photodegradable
plastics.
ASTM 5272 is the standard practice for outdoor exposure testing
of photodegradable plastics.
ASTM 5338 is the standard for determining aerobic biodegradation
of plastic materials (requiring oxygen).
ASTM 5511 is the standard for determining anaerobic biodegradation
of plastic materials (does not require oxygen).
ASTM 6400 is the standard for labeling of plastics designed
to be aerobically composted.
Any business that has or requires a business license with
the City.
A compound that breaks down into simpler compounds by stages.
A solid or highly viscous substance that is typically convertible
into polymers.
A facility operated by a nonprofit or governmental agency
that provides goods to residents for no charge.
An organic or petroleum-derived synthetic organic solid that
is moldable.
Any business that sells consumers goods and has or requires
a retail business license with the City.
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[1]]
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.
[1]
Editor's Note: This amendment provided an effective date
of 5-18-2018.
A.
A business, as defined above, may not provide single-use bags made
of plastic for any purpose. A business may provide a non-petroleum-based
bag that meets one or more of the aforementioned ASTM standards, such
as:
B.
If a retail business chooses to not provide a bag of any kind, a
sign that measures at least three inches by five inches near the point
of sale and at least 10 inches by 14 inches at the entrance door must
be posted stating bags will not be provided.
C.
Customers are allowed to bring into a business and use their own
bags, including plastic bags, without the business being in violation
hereof.
A.
The City Administrator, or his/her designee(s), shall have the primary
responsibility for enforcement of this chapter. If the City Administrator
or his/her designee(s) determines that a violation of this chapter
has occurred, he or she shall issue a written warning to the business
that a violation was found. Subsequent violations of this chapter
shall be subject to the penalties set forth below.
B.
A violation of this chapter is based on the availability of plastic
bags in a business.
D.
Each day that a violation occurs will be considered a subsequent
violation.
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.