[HISTORY: Adopted by the Board of Public Works of the Town
of Nantucket 3-14-1990. Amendments
noted where applicable.[1]]
TOWN CODE REFERENCES
Solid waste disposal — See Ch. 125.
[1]
Editor's Note: The Select Board approved the codification
of its regulations, as revised, 4-13-2022.
A.
This regulation is adopted by the Board of Public Works pursuant to the authority granted under Chapter 125, Solid Waste Disposal, § 125-3, of the Code of the Town of Nantucket and the general authority of the Board of Public Works pursuant to Chapter 169 of the Acts of 1965, as amended by Chapter 259 of the Acts of 1987.
B.
The Town of Nantucket recognizes that discarded packaging constitutes
the largest single category of waste within the Town and County of
Nantucket's waste stream and is, therefore, a necessary focus of any
effort towards reducing the filling of the Town's landfill as well
as towards reducing the economic and environmental costs of waste
management.
C.
The Town finds that discarded nonbiodegradable packaging and plastic
contained within the waste stream of Nantucket is a fundamental cause
of problems associated with solid waste disposal.
D.
The Town understands that the landfill space within the Town and
County of Nantucket is diminishing rapidly; that the availability
of solid waste receiving areas outside the Island of Nantucket is
becoming increasingly uncertain and expensive; and that for both economic
and environmental reasons, measures to simplify the chemical complexity
of solid waste and, thereby, to streamline solid waste management
must be vigorously pursued.
E.
The Town finds that the chemical composition and the ability of a
substance to biodegrade are meaningful and useful criteria to focus
upon when establishing public policy that is intended to improve the
management and disposal of solid waste, reduce the cumulative impact
of litter, encourage composting and other forms of recycling, and
otherwise anticipate environmental problems that may be caused by
municipal solid waste disposal programs.
F.
The Town finds and determines that the use of plastics and other
nonbiodegradable packaging has become widespread throughout the island
and the resulting mixed-substance waste stream is a serious impediment
to solid waste management programs for the Town and County of Nantucket.
G.
The Town further finds that the widespread use of plastics and nonbiodegradable
packaging poses a threat to the environment on the Island of Nantucket
by causing rapid filling of the landfill space and by the possible
introduction of toxic by-product into the groundwater and general
environment of the Island of Nantucket.
H.
The economic and environmental problems associated with the mixed-substance
waste stream are so severe that a program of incrementally simplifying
the chemical composition of solid waste, thereby encouraging the composting
of putrescible wastes and encouraging other forms of recycling of
solid waste substances, is a policy goal of the Town of Nantucket.
As used in this regulation, the following terms shall have the
following meanings unless a contrary meaning is required by the context
or is specifically prescribed:
The entire product or packaging is not made of plastic or
Styrofoam and is made of a material that will completely break down
and return to nature, i.e., decompose into elements found in nature
within a reasonably short period of time after customary disposal.
Any packaging, including, without limitation, bags, boxes,
containers and wrapping.
A bag or container that is specifically designed and intended
for reuse and is either made of cloth or machine-washable fabric or
is made of other durable material that is intended for reuse and is
capable of being cleaned and disinfected.
Any person, corporation, partnership, business venture, public
sports or entertainment facility, government agency, street vendor
at public events or festivals or organizations that sell or provide
merchandise, goods or materials, including, without limitation, clothing,
food, beverages, household goods, or personal items of any kind directly
to a customer. Examples include but are not limited to department
stores, restaurants, food vending trucks, farmers markets and temporary
food vendors of food and merchandise at street fairs and festivals.
Food banks and other food assistance programs are not considered to
be retail establishments for the purpose of this definition.
A.
All packaging added to or supplied by a vendor within the Town of
Nantucket for the purpose of transporting merchandise of any type
shall be biodegradable.
B.
Reusable containers and recyclable paper or cardboard containers
are allowable alternatives and vendors shall encourage the use of
such containers by allowing customers to bring their own containers
or by providing reusable containers at no charge or for a reasonable
fee.
C.
Enforcement of these regulations shall be deferred until June 1,
2015. Existing stock of nonbiodegradable packaging shall be phased
out by that date, and any stock remaining after that date shall be
properly disposed of by the vendor. No nonbiodegradable packaging
shall be used after June 1, 2015.
D.
Each vendor within the Town of Nantucket shall display a notice proximate
to the cash register and plainly visible to its patrons stating the
following: "All packaging added or supplied by this vendor or commercial
establishment for merchandise of any type being removed from this
establishment must be biodegradable packaging. No nonbiodegradable
packaging may be added to or supplied by this vendor or commercial
establishment for merchandise of any type being removed from the establishment.
Board of Public Works Regulation Chapter 220."
E.
This regulation shall not apply to packaging or merchandise where
the package is applied to the merchandise by the manufacturer, producer
or shipper of the merchandise, which manufacturer, producer or shipper
is not a vendor within the Town of Nantucket.
A.
Upon written application, the Board of Public Works, after a public
hearing, may waive application of this regulation for a vendor upon
a showing that strict enforcement will cause undue hardship. For purposes
of this regulation, an undue hardship is a situation unique to the
vendor where there are no reasonable alternatives to the use of nonbiodegradable
packaging and compliance with this regulation would cause significant
economic hardship to the vendor.
B.
Waivers may be granted for a period of one year and may be renewed
upon a showing that the conditions justifying the original waiver
still apply.
C.
The Board of Public Works may approve a waiver application, in whole
or in part, with or without conditions, that it deems necessary to
protect public health and further the interests of the regulation.
A.
The Health Department or its designee shall enquire on an annual
basis regarding any food establishment's compliance with this regulation
as a condition for the renewal of the vendor's food service permit.
B.
The Health Department, after a hearing conducted in accordance with
the procedures set forth in 105 CMR 590.14 and 105 CMR 590.15, may
suspend or revoke the food service permit for any establishment failing
to comply with this regulation.
C.
The Health Department or its designee and the Board of Public Works
and its designee are authorized to take any and all actions reasonable
and necessary to further the purpose of this regulation or to obtain
compliance, including, but not limited to, inspecting any vendor's
premises to verify compliance in accordance with applicable law.
D.
The Health Department and/or Board of Public Works may enforce this
regulation or enjoin violations hereof through any lawful process,
and the election of one remedy shall not preclude enforcement through
any other lawful means.
A.
Whoever violates any provision of this regulation may be penalized
by indictment or on complaint brought in the District Court. Except
as may be otherwise provided by the law and as the District Court
may see fit to impose, the maximum penalty for each violation or offense
shall be $300.
B.
As an alternative to initiating criminal proceedings, this regulation may be enforced pursuant to the noncriminal disposition procedure as set forth in MGL c. 40, § 21D and Chapter 1, Article II, of the Code of the Town of Nantucket, in which case the Board of Public Works, the Health Department or their agents shall be the enforcing persons and the penalty shall be $300 for each offense. Fines are cumulative and each day or portion thereof shall constitute a separate offense.
