[HISTORY: Adopted by the Town of Camden as indicated in article
histories. Amendments noted where applicable.]
[Adopted 11-7-2017 STM]
A.
The intent of this article is to eliminate the use of unencapsulated
polystyrene in dock floats and buoys on Camden's lakes, rivers, harbors
and coastal waters.
B.
The inhabitants of Camden make the following findings: "Polystyrene"
is a petroleum product commonly known as "Styrofoam®." It is often used in dock floats because of its buoyancy. It is
neither readily recyclable nor biodegradable and takes hundreds of
years to degrade in the environment. When exposed to the elements,
it fragments into unsightly, small, nonbiodegradable pieces that may
be ingested by marine life, wild and domestic water birds and other
wildlife. When ingested, the polystyrene fragments may block the digestive
system of birds and animals, killing them through starvation. Aquatic
and land mammals, other organisms, and nesting rodents hasten the
fragmentation of polystyrene by forming nests in, under or on top
of the material when seasonally stored on land. Mechanical trauma
such as the dragging of floats over land may also cause the polystyrene
to break apart. The deterioration of larger polystyrene floats into
beads and smaller pieces create a pollution line along shorelines,
intertidal land and other places where buoyant debris collects, which
is a form of pollution and increases the chances of ingestion by water-dependent
mammals and birds. Such pollution must be picked up and removed at
the expense of the public and private citizens. To prevent such degradation,
pollution and hazard to water-dependent mammals and birds, polystyrene
floats may be encapsulated in a hard polyethylene shell, which prevents
the deterioration and spread of beads and smaller sections of polystyrene
floats. The general health and welfare of the citizens, birds and
animals requires that such use of unencapsulated polystyrene be banned
from use in Camden's lakes, rivers, harbors and coastal waterways.
This article is adopted in relation to home rule authority and plenary
police powers as found in Title 30-A M.R.S.A. § 3001, the
municipal police powers relating to the public trust in intertidal
lands as found in 12 M.R.S.A. § 573, Subdivision 3; Title
38 M.R.S.A. § 1 et seq.; and 12 M.R.S.A. § 13072.
As used in this article, the following terms shall have the
meanings indicated:
A thermoplastic polymer or copolymer comprised of at least
80% styrene or para-methyl styrene by weight.
Polystyrene that is not completely encased within a polyethylene
shell or within other comparable materials warranted by the manufacturer
for eight years or more against cracking, peeling, sloughing, and
deterioration from ultraviolet exposure and physical trauma.
The use of unencapsulated polystyrene as a flotation device
is prohibited for use in any lake, stream, water body, harbor and
coastal water within the jurisdiction of the Town of Camden, including
but not limited to in any dock system, float, mooring system or buoy.
Unencapsulated polystyrene is hereby prohibited for use in the repair
of any existing dock system, mooring system, float or buoy placed
or to be placed in any lake, stream, water body, harbor or coastal
water within the jurisdiction of the Town of Camden.
In addition to the prohibition as described in § 199-3 hereinabove and the remedies available to enforcement thereof, it is hereby declared that the use of unencapsulated polystyrene as a flotation device in any lake, stream, water body, harbor and coastal water within the jurisdiction of the Town of Camden, including but not limited to in any dock system, float, mooring system or buoy, is a nuisance and public health hazard, and may be prosecuted as provided in the Maine Revised Statutes.
Upon adoption of this article, all use of unencapsulated polystyrene
as a flotation device in any lake, stream, water body, harbor and
coastal water within the jurisdiction of the Town of Camden shall
be prohibited. Therefore, the use of all existing unencapsulated polystyrene
flotation devices in actual use as of the effective date of adoption
of this article shall be legally nonconforming. It is hereby declared
that all such unencapsulated polystyrene flotation devices shall be
illegal on the fifth anniversary after the effective date of adoption
of this article, and shall thereafter shall be subject to enforcement
and removal as authorized herein. The Town of Camden finds this five-year
amortization in exercise of the local police power to be a reasonable
regulatory means to address the public hazards to be corrected hereby.
Any violation of the prohibited acts or uses described herein
shall be a civil violation as defined in 17-A M.R.S.A. § 4-B
and shall prosecuted under Maine Rule of Civil Procedure 80H by the
Camden Harbor Master and/or the Camden Inland Harbor Master. The violator
shall be subject to penalties of $25 for the first violation. Failure
to remediate the violation within 30 days after receipt of a written
notice of violation shall result in a fine of $25 per day for each
additional day that the violation continues. In addition to the financial
penalties so provided, the Town may seek temporary and permanent injunctive
relief to enforce the terms of this article. Each violator found by
the court to have violated this article shall pay the Town's reasonable
attorneys' fees and costs incurred in enforcing this article.
[Adopted 11-6-2018 STM]
A.
"Polystyrene foam" is a petroleum-based plastic made from the styrene
monomer. A lightweight, good insulator, polystyrene is largely air.
Many products use polystyrene to either keep items warm or cold or
use the product to pack and ship items safely. Polystyrene is not
easily recycled and when littered or discarded, creates undesirable
impacts on water quality, stormwater, and wildlife, especially since
it disintegrates easily into small particles and becomes difficult
to retrieve. There are alternatives that are reusable, recyclable
or compostable, which are already on the market and readily available.
In keeping with this, it is anticipated that substitute local packaging
is expected to be of locally recyclable material.
B.
Therefore, Camden, Maine, hereby adopts a ban on polystyrene to support
the purpose described above, and the Town finds that:
(1)
Camden is located on Penobscot Bay, an area known worldwide for its
natural beauty, fish and other wildlife;
(2)
Camden has an obligation to maintain and preserve the area's special
natural environment;
(3)
And maintenance of Camden as litter-free as possible is important
to protect and preserve its natural environment and enhance the quality
of life for residents and visitors.
C.
This article will serve the public interest by reducing the amount
of nonbiodegradable waste littering Camden. In keeping with this,
it is anticipated that a portion of any substitute packaging is expected
to be composed of biodegradable material in whole or in part.
As used in this article, the following terms shall have the
following meanings:
Any person located within Camden who places meat, eggs, bakery
products, or other food in packaging materials for the purpose of
retail sale of those products.
Includes blown polystyrene and expanded and extruded foams
(sometimes incorrectly called Styrofoam®, a Dow Chemical Company trademarked form of polystyrene foam insulation)
that are thermoplastic petrochemical materials utilizing a styrene
monomer and processed by any number of techniques, including, but
not limited to, fusion of polymer spheres (expandable-bead polystyrene),
injection molding, foam molding, and extrusion-blow molding (extruded
foam polystyrene). Polystyrene foam is generally used to make cups,
bowls, plates, trays, clamshell containers, meat trays and egg cartons.
For the purposes of this article, the term "polystyrene" shall not
include clear polystyrene known as "oriented polystyrene."
Food or beverages which are served at the food vendor's location
having been previously prepared elsewhere or are prepared at the vendor's
location by cooking, chopping, slicing, mixing, brewing, freezing
or squeezing. Prepared food may be eaten either on- or off-premises.
Any person, restaurant, store, shop, sales outlet, or other
establishment, including, without limitation, a grocery store, convenience
store or a delicatessen, located within Camden and that offers prepared
food for retail sale.
A.
No retail vendor in Camden shall serve or sell prepared food in polystyrene
foam containers, and no food packager shall package meat, eggs, bakery
products, or other food in polystyrene foam containers.
B.
No retail vendor in Camden that sells tangible personal property
at retail shall sell polystyrene foam food or beverage containers.
C.
Camden shall not use polystyrene foam food or beverage containers
at any Camden facility or Camden-sponsored event.
D.
No Camden department or facility shall purchase or acquire polystyrene
foam food or beverage containers.
E.
All parties who contract with Camden shall be prohibited from using
polystyrene foam food and beverage containers in Camden facilities
or on Camden-funded projects within Camden.
A.
A retail vendor or food packager that is currently existing or is
established in Camden before the effective date of this article may
be exempted from the provision of this article prohibiting the use
of polystyrene foam for a period of time to be determined by the Camden
Town Manager or his/her designee if the retail vendor or food packager
requests an exemption, in writing, from the Town Manager and demonstrates
to the Camden Town Manager or his/her designee that compliance with
the provision constitutes undue hardship for the retail vendor or
food packager. Undue hardship includes, but is not limited to, situations
unique to the food vendor that are not generally applicable to other
retail vendors or food packagers in similar circumstances. The Camden
Town Manager or his/her designee shall make a written decision on
each exemption request.
B.
Retail vendors, food packagers, Camden departments, Camden facilities,
and Camden contractors are exempt from the provisions of this article
in a situation deemed by the Camden Town Manager, in his/her sole
discretion, to be an emergency for the immediate preservation of the
public health, safety, or welfare.
The Camden Police Department shall have the primary responsibility
for enforcement of this article. If the Police Enforcement Official
determines that a violation of this article has occurred, he/she shall
issue a written warning notice to the retail vendor or food packager
describing violation has occurred and ordering it to cease within
seven days. Subsequent violations of this article after failure to
cease the violation(s) shall be subject to the penalties set forth
below. Violations of this article shall be civil violations which
shall be punishable as follows:
A.
A fine not exceeding $250 for the first violation;
B.
A fine not exceeding $500 for the second and each subsequent violation;
C.
Payment of the Town's legal fees for the prosecution of each violation;
and
D.
Violators shall be subject to injunctive relief as is reasonably
necessary to prohibit future violations of any person or entity found
in violation of this article.
This article shall become effective on April 30, 2019.
If any part or provision of this article or the application
thereof to any person or circumstances is held invalid, the remainder
of the article, 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 article are severable.
