Town of West Springfield, MA Chapter 194 Plastic Bags

[HISTORY: Adopted by the Town Council of the Town of West Springfield 6-5-2019. Amendments noted where applicable.]

§ 194-1 Purpose.

To reduce the significant, harmful, long-term effects of plastic bags on our environment and increase the usage of reusable, recyclable, and/or biodegradable bags.

§ 194-2 Application.

Applies to retail establishments (as defined in § 194-3) within the Town of West Springfield.

§ 194-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BIODEGRADABLE BAGS

Bags that contain no polymers derived from fossil fuels and intended for single use which will decompose in a natural setting to an environmentally beneficial material at a rate comparable to other biodegradable materials such as paper, leaves, and food waste.

CHECKOUT BAG

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 check out area of the store.

COMPOSTABLE PLASTIC BAG

A plastic bag that undergoes degradation by biological processes during composting to yield CO₂, water, inorganic compounds, and biomass at a rate consistent with other compostable materials and leaves no visible, distinguishable, or toxic residue.

DEPARTMENT

Town of West Springfield Board of Health or any agent acting thereunder.

MARINE-DEGRADABLE PLASTIC BAG

A plastic bag that conforms to the current specifications for marine degradability, and that conforms to any other standards deemed acceptable by the Department.

RECYCLABLE PAPER BAG

A paper bag that is:

A. One hundred percent recyclable including the handles;

B. Contains at least 40% post-consumer recycled paper content; and

C. Displays the phrases "recycled" and "made from 40% post-consumer recycled content" in a visible manner on the outside of the bag.

RETAIL ESTABLISHMENT

Any retail space located in the Town including, without limitation, a restaurant, food, or ice cream truck, convenience store, retail pharmacy, or supermarket.

REUSABLE CHECKOUT BAG

A sewn bag with stitched handles that is either made of:

A. Cloth or other machine washable fabric; or

B. Made of plastic other than polyethylene (DPE, LDPE, PETE, etc.) or polyvinyl chloride that is durable, nontoxic, and generally considered a food-grade material that is more than 2.5 mils thick and designed for multiple use that does not decompose into harmful chemical components. A reusable checkout bag may be recyclable or compostable and is specifically designed and manufactured for multiple reuse.

§ 194-4 Requirements.

A. If any retail establishment as defined in § 194-3 provides a checkout bag to customers, the bag shall comply with the requirements of being either a recyclable paper bag, a compostable and marine-degradable plastic bag, or a reusable checkout bag.

B. The Department may promulgate rules and regulations to implement this chapter.

§ 194-5 Enforcement.

A. Each retail establishment shall comply with this chapter.

B. If it is determined that a violation has occurred, the Department shall issue a warning notice to the retail establishment for the initial violation.

C. If an additional violation occurs within one year after a warning notice has been issued for an initial violation, the Department shall issue a notice of violation and shall impose a penalty against the retail establishment.

D. Violations of this chapter shall be enforceable under the noncriminal disposition procedures established by MGL c. 40, § 21d, and adopted set forth in Chapter 1, Article II of this Code. Each day of violation shall constitute a separate offense. The noncriminal disposition penalties for any person violating this chapter shall be no more than:

(1) A written warning for the first violation;

(2) $50 for the second violation;

(3) $100 for the third violation; and

(4) $200 for each subsequent violation.

E. No more than one penalty may be imposed upon a retail establishment within a seven-day calendar period.

§ 194-6 Effective date.

A. All of the requirements set forth in this chapter shall take effect within one year of passage.

B. In the event that compliance with the effective date of this chapter is not feasible for a small retail establishment because of significant economic hardship, the Department may grant a waiver of not more than one year upon application of the owner or the owner's representation.

(1) A deferment granted upon the terms herein described may be extended no more than one additional one-year period, and upon a showing that the circumstances justifying the deferment continue to exist.

(2) Such deferment request shall include factual information supporting the claimed signification economic hardship to permit the Board of Health or its agent to determine such facts regarding the deferment application.

(3) Deferment decisions are effective immediately and final.

§ 194-7 Severability.

It is the intention of this chapter that each separate provision of this chapter shall be deemed independent of all other provisions herein, and it is further the intention that if any provision of this chapter be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall remain valid and enforceable.