[Adopted 4-30-2018 ATM,
approved 7-16-2018]
Plastic check-out bags have a significant impact on the marine
and terrestrial environmental, including but not limited to: (1) harming
marine and terrestrial animals through ingestion and entanglement;
(2) polluting and degrading the terrestrial and marine environment;
(3) clogging storm drainage systems; (4) creating a burden for solid
waste disposal and recycling facilities; (5) requiring the use of
non-renewable fossil fuel in their composition. Studies have shown
that alternative "compostable" or "biodegradable" bags require very
specific and controlled conditions in order to biodegrade, and have
potentially negative environmental effects similar to conventional
plastic bags. Such bags should therefore be subject to the same restrictions
as conventional plastic check-out bags. The purpose of this article
is to protect the Town's unique natural beauty and irreplaceable natural
resources by reducing the number of single-use plastic check-out bags
that are distributed in the Town of Belmont and to promote the use
of reusable bags.
The following words shall, unless the context requires otherwise,
have the following meanings:
A bag provided by a store to a customer at the point of sale.
Check-out 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 check-out area of the store.
The Belmont Department of Public Works.
The actual occupied area not including unoccupied accessory
areas such as corridors, stairways, ramps, toilet rooms, mechanical
rooms, and closets.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content, and displays in a visible manner
on the outside of the bag (1) the word "recyclable" or a symbol identifying
the bag as recyclable and (2) a label identifying the bag as being
made from post-consumer and the percentage of post-consumer recycled
content in the bag.
The Recycling Coordinator for the Belmont Department of Public
Works or a designee thereof.
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 business jewelry stores, household
goods stores, professional offices, food banks, farmers markets and
any other enterprise that offers the sale and display of merchandise.
A sewn bag with stitched handles that is specifically designed
for multiple reuse and that (1) can carry 25 pounds over a distance
of 300 feet; (2) is machine washable or is made of a material that
can be cleaned or disinfected more than 125 times; (3) is either (a)
made of natural fibers (such as cotton or linen) or (b) made of durable,
non-toxic plastic (other than polyethylene or polyvinyl chloride)
that is generally considered a food-grade material and that is more
than 4.0 mils thick.
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 equal to or less than 4.0 mils in thickness.
Thin-film plastic bags with or without handles that are used
to contain laundry or dry cleaning, newspapers, produce, meat, bulk
foods, wet items, and other similar merchandise are not prohibited
under this article.
A.
The Department of Public Works and its Recycling Coordinator shall
have the authority to administer and enforce this article. As an alternative
to any other means of enforcement, the provisions of this article
and any regulations adopted pursuant thereto may be enforced by noncriminal
disposition in accordance with the provision of MGL c. 40, § 21D.
B.
For the first violation, the enforcing authority, upon a determination
that a violation has occurred, shall issue a written warning notice
to the Retail Establishment specifying the violation.
C.
The following penalties shall apply:
(1)
First offense: warning - written warning notice.
(2)
Second offense: A penalty of $50 shall apply for the next violation
following the issuance of a written warning notice.
(3)
Third and subsequent offense: A penalty of $200 shall apply
for the third violation and each additional violation of this article.
(4)
Penalties shall be cumulative and each day on which a violation
occurs shall constitute a separate offense.
This article shall take effect six months following satisfaction
of the posting and publication requirements set forth in MGL c. 40,
§ 32, or on November 1, 2018, whichever is later, for Retail
Establishments with net floor area equal to or exceeding 30,000 square
feet or with at least two locations under the same name within the
Town of Belmont that total 30,000 square feet or more net floor area,
or those Retail Establishments that are subject to a similar regulation
in any other city or town in Massachusetts. This article shall take
effect nine months following satisfaction of the posting and publication
requirements set forth in MGL c. 40, § 32, or on February
1, 2019, whichever is later, for any other Retail Establishments less
than 30,000 square feet net floor area. The Director of the Department
of Public Works or a designee thereof may exempt a Retail Establishment
from the requirements of this article for a period of up to an additional
three months upon a finding by the Director of Public Works or designee
that (1) the requirements of this article would cause undue hardship;
or (2) a Retail Establishment requires additional time in order to
draw down an existing inventory of Thin-Film Plastic Check-Out Bags;
provided, however, that any Retail Establishment receiving an exemption
shall file with the Department of Public Works monthly reports of
inventory reduction and remaining stocks.
The Select Board may adopt and amend rules and regulations to
effectuate the purposes of this article.
If any provision of this article shall be found invalid for any reason in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the article shall be deemed to be affected to the minimum extent necessary, so as to secure the purposes thereof, as set forth in § 60-1100.
