Town of North Andover, MA Article III Recycling [1]

[1] Editor's Note: See also § 160-5 of this chapter for a list of materials that cannot be commingled with regular garbage and rubbish for pickup.

§ 160-9 Unauthorized removal of materials to be recycled prohibited.

The removal from a public sidewalk, way or any usual point of residential rubbish pickup of any material specifically set apart from ordinary household rubbish for the purpose of being recycled, under the recycling program of the Town, by any persons other than those properly authorized to pick up such material, is hereby expressly prohibited.

§ 160-10 Reduction of single-use plastic checkout bags.

[Added 5-16-2023 ATM by Art. 14]

A. Purpose and intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single-use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment, including, but not limited to: contributing to pollution of land, waterways, and oceans; contributing to the death of land and marine animals through ingestion and entanglement; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude oil. Plastic bags also affect human health by adding pollutants to the air breathed during the process of extracting oil from the ground, when they are disposed of by incineration, and when they break down into microplastics (pieces less than 5 mm) adding toxic elements to the air, groundwater and seawater. Plastic never fully biodegrades; microplastics are ingested by fish, crustaceans, bivalves and other ocean life, moving up the food chain to ultimately disrupt human health. Plastic bags are rarely recycled and are not biodegradable. The reduction of plastic bags demonstrates the Town's concern for the Town, its citizens and the planet.

B. Definitions.

CHECKOUT BAG

A carryout bag provided by a store to a customer at the point of sale. Bags used to bring loose produce or products to the point of sale are not considered checkout bags.

FOOD ESTABLISHMENT

An operation with more than 3,000 square feet of finished floor area that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term "food establishment" does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by MGL c. 12 or public or private schools.

RECYCLABLE PAPER BAG

A paper bag that:

(1) 100% recyclable including, if present, the handles;

(2) Contains at least 40% post-consumer recycled paper content; and,

(3) Displays the words "recyclable" and "made from 40% post-consumer recycled content" (or other applicable amount) in a visible manner on the outside of the bag.

REUSABLE CHECKOUT BAG

A bag that:

(1) If it has handles, the handles are stitched and not heat fused; and

(2) Is made of either.

(a) Natural fibers (such as cotton, hemp, linen or other woven or non-woven fibers); or

(b) Plastic that is durable, nontoxic, and generally considered a food-grade material that is more than four mils thick and that is not polyethylene (including but not limited to HDPE and LDPE), polyethylene terephthalate (PETE), or polyvinyl chloride.

C. Regulation.

(1) If any food establishment as defined in Subsection B provides a checkout bag to customers, the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag.

D. Enforcement and penalties.

(1) This bylaw shall be enforced by the Health Department, or its designated agent, and may be enforced by any lawful means in law or in equity including, but not limited to, a noncriminal disposition as provided by MGL c. 40, § 21D and the Town of North Andover General Bylaw Chapter 1, Article II, § 1-2A.

(2) Any food establishment that violates any provision of this section shall be subject to the following penalties:

(a) Upon the first violation, the Health Department or its designated agent shall provide the violator with written notice of such violation. The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine.

(b) After the thirty-day period, if the violation has not been cured, a fine of $100 per day will apply until the violation is cured.

(c) Additional violations after a cure will result in a fine of $100 per day without a thirty-day grace period.

E. Effective date.

(1) This bylaw shall take effect January 1, 2024, to allow time for food establishments to use their existing inventory of noncompliant checkout bags and to convert to alternative packaging materials.

(2) Each section of this bylaw shall be construed as separate to the end that if any section, sentence, clause or phrase thereof shall be invalid for any reason, the remainder of this bylaw shall continue in force

F. This Inclusionary Housing Bylaw applies to any proposed residential or mixed-use developments, including a conventional subdivision of land under MGL c. 41, §§ 81K through 81GG, in any zoning district containing more than seven rental or ownership housing units on any parcel or contiguous parcel(s) comprising a proposed site.