[HISTORY: Adopted by the Town Meeting of
the Town of Nantucket as indicated in article histories. Amendments
noted where applicable.[1]]
[1]
Editor's Note: This chapter, formerly Ch. 124A, was renumbered 6-25-2020 ATM by Art. 72, approved 10-27-2020.
[Adopted 10-10-2018 STM
by Art. 16, approved 5-8-2019]
A.
BOXED WATER
CARBONATED WATER
COMMERCIAL USE
DRINKING WATER
ENERGY DRINK
FLAVORED WATER
PETROLEUM-BASED PLASTIC
SINGLE-USE PLASTICS
Definitions:
Any type of drinking water, flavored water, carbonated water,
energy drink packaged in an aseptic carton, like the type often used
for holding coconut water, soy milk, soups, and the like. These cartons
are typically promoted as being more than 75% made from recycled paper
or other fibers, but the rest of it is often a set of plastic parts
such as a cap and pouring ring and internal layers or linings made
from petroleum-based plastics such as polyethylene and aluminum.
[Added 6-5-2021 ATM by
Art. 75, approved 10-7-2021]
Water that contains dissolved carbon dioxide gas, either
artificially injected under pressure or occurring due to natural geological
processes. Carbonation causes small bubbles to form, giving the water
an effervescent quality. Also known as "sparkling water," "tonics,"
"soda water," "club soda," "tonic water," "seltzer," "pop" and the
like.
[Added 6-5-2021 ATM by
Art. 75, approved 10-7-2021]
Use by a business, directly/indirectly for financial gain
or convenience.
[Amended 6-25-2020 ATM by Art. 72, approved 10-27-2020]
Potable, unflavored, noncarbonated water that is safe to
drink or to use for food preparation.
[Added 6-5-2021 ATM by
Art. 75, approved 10-7-2021]
A type of drink containing sugar and/or other stimulant compounds
when packaged in a petroleum-based plastic container or packaged in
a plastic-lined paper or similar fiber package.
[Added 6-5-2021 ATM by
Art. 75, approved 10-7-2021]
A category of beverage marketed as water which contains an
array of additional ingredients, including, but not limited to, natural
and artificial flavors, sugars, sweeteners, vitamins, minerals, and
other "enhancements."
[Added 6-5-2021 ATM by
Art. 75, approved 10-7-2021]
Plastic materials manufactured using petroleum-derived polymers.
Compostable plastics as defined by ASTM International are exempted
from this bylaw.
[Amended 6-25-2020 ATM by Art. 72, approved 10-27-2020]
Petroleum-based plastic products that are intended to be
used only once before they are thrown away. They are "disposable"
products. The items covered by this bylaw are listed herein.
B.
Purpose: The purpose of the bylaw is to protect the health and safety
of Nantucket's present and future generations, protect the Town's
single-source aquifer, its scenic visage, historic status, reduce
litter, reduce the threat to the environment caused by rapid filling
of the landfill space and by possible introduction of toxic by-products
into the groundwater and general environment, protect marine animals
and food sources and save the citizens of the Town money. There are
safe alternatives for each of the single-use petroleum-based plastic
items banned.
[Amended 6-25-2020 ATM by Art. 72, approved 10-27-2020; 6-5-2021 ATM by Art. 75, approved 10-7-2021]
A.
It shall
be unlawful to sell, distribute or commercially use the following
single-use petroleum-based plastic products in the Town and County
of Nantucket on or after June 1, 2020:
B.
It shall be unlawful to sell, distribute or commercially use the
following single-use petroleum-based plastic products in the Town
and County of Nantucket on or after June 1, 2022:
C.
It shall be unlawful to sell, distribute or commercially use the
following single-use petroleum-based plastic products in the Town
and County of Nantucket on or after January 1, 2023: containers for
alcoholic beverages in less than or equal to 100 milliliters.
[Added 5-2-2022 ATM by Art. 69, approved 9-8-2022]
A.
Drinking water. Sales occurring after a declaration of an emergency
adversely affecting availability and/or quality of drinking water
to Nantucket residents by the Emergency Management Director or other
duly authorized Town, Commonwealth or United States official shall
be exempt from this bylaw until seven calendar days after such declaration
has ended.
B.
Medical packaging and medically required usage are exempted providing
no recyclable alternatives are available.
C.
Compostable plastics are exempted from this bylaw.
[Amended 6-25-2020 ATM by Art. 72, approved 10-27-2020]
Enforcement of this bylaw shall be the discretionary responsibility of the Town Manager or her/his designee. Police officers and health agents have the authority to enforce this bylaw. The Town Manager shall determine the inspection process to be followed, incorporating the process into other Town duties as appropriate. Any establishment conducting sales, distribution or otherwise engaging in the commercial use of the prohibited plastic products in violation of this bylaw shall be subject to a noncriminal disposition fine as specified in Article II of Chapter 1 of the Code of the Town of Nantucket under MGL c. 40, § 21D. Any such fines shall be paid to the Town of Nantucket. Enforcement shall be through the process of noncriminal disposition under MGL c. 40, § 21D, and Article II of Chapter 1 of the Code of the Town of Nantucket.
If the Town Manager determines that the cost of implementing
and enforcing this bylaw has become unreasonable, then the Town Manager
shall so advise the Select Board, and the Select Board shall conduct
a public hearing to inform the citizens of such costs. After the public
hearing, the Select Board may continue this bylaw in force or may
suspend it permanently or for such length of time as they may determine.
[Amended 6-5-2021 ATM by Art. 75, approved 10-7-2021]
The provisions of this bylaw are severable. If any part of this
bylaw should be held invalid by a court of competent jurisdiction,
such invalidity shall not affect the remainder of the bylaw, and the
remainder of the bylaw shall stay in full force and effect.
