[HISTORY: Adopted by the Annual Town Meeting of the Town
of Williamstown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-19-2015 ATM,
Art. 42]
WHEREAS, the Town has a duty to protect the natural environment,
the economy, and the health of its citizens; and
WHEREAS, styrene, a component of polystyrene, is a known hazardous
substance, classified by the National Toxicology Program (NTP) as
"reasonably anticipated to be a human carcinogen" and also recognized
by the NTP as a potential food and beverage contaminant that may "leach
from polystyrene containers used for food products"; and
WHEREAS, polystyrene is made from fossil fuels, a nonrenewable
resource; and
WHEREAS, polystyrene manufacture, use, and disposal requires
substantial energy consumption and contributes to greenhouse gases
and other adverse environmental effects; and
WHEREAS, polystyrene is not biodegradable or compostable, and
is generally not recyclable; and
WHEREAS, polystyrene is a common environmental pollutant that
fragments into smaller pieces that harm or kill marine life and wildlife
when they ingest them; and
WHEREAS, the EPA states "that such materials can also have serious
impacts on human health, wildlife, the aquatic environment and the
economy"; and
WHEREAS, polystyrene is used as food service ware by food establishments
and packing material by retail establishments operating in the Town;
and
WHEREAS, disposable food service ware constitutes a portion
of the litter in Williamstown's streets, parks and public places,
which increases Town costs; and
WHEREAS, affordable and effective ways to reduce the negative
environmental impacts of polystyrene products through the use of reusable,
recyclable, biodegradable and/or compostable materials are available
for most retail applications; and
WHEREAS, over 100 municipalities throughout the United States,
Canada, Europe, and Asia have banned polystyrene food service ware,
including Amherst, Brookline, Great Barrington, Somerville, and South
Hadley in Massachusetts, as well as: Los Angeles, CA; Chicago, IL;
Miami Beach, FL; Albany, NY; New York, NY; Portland, OR; and Seattle,
WA;
NOW THEREFORE, the Town of Williamstown hereby enacts this bylaw
to prohibit the use and distribution of foam and rigid polystyrene
in food service ware and packaging material and require the use and
distribution of biodegradable, compostable, reusable, or recyclable
products or materials in their place.
The following words and phrases shall, unless the context clearly
indicates otherwise, have the following meanings:
Refers to materials meeting the standards of the American
Society for Testing and Materials (ASTM) International Standards D6400
or D6868 for biodegradable and compostable plastics, as those standards
may be amended. D6400 is the specification for plastics designed for
compostability in municipal or industrial aerobic composting facilities.
D6868 is the specification for aerobic compostability of plastics
used as coatings on a compostable substrate.
Materials that will completely degrade and return to nature,
i.e., decompose into elements found in nature within a reasonably
short period of time after customary disposal.
Materials that will completely degrade into, or otherwise
become part of, usable compost (e.g., soil-conditioning material,
mulch) in a safe and timely manner. Compostable disposable food service
ware must meet ASTM standards for compostability, and any bio-plastic
or plastic-like product must be clearly labeled, preferably with a
color symbol, such that any customer or processor can easily distinguish
the ASTM standard compostable plastic from non-ASTM specification
compostable plastic.
All containers, bowls, plates, trays, cartons, cups, lids,
straws, forks, spoons, knives, and other items designed for one-time
or nondurable uses on or in which any food vendor directly places
or packages prepared foods or which are used to consume foods. This
includes, but is not limited to, service ware for takeout foods and/or
leftovers from partially consumed meals prepared at food establishments.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption, as further defined
in 105 CMR 590.002. Any establishment requiring a permit to operate
in accordance with the State Food Code, 105 CMR 590.000 et seq., shall
be considered a "food establishment" for purposes of this chapter.
The term means and includes blown polystyrene and expanded and
extruded foams (sometimes called "Styrofoam," a Dow Chemical Co. trademarked
form of EPS insulation), also referred to as "expanded polystyrene
(EPS)," which 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, form molding, and extrusion-blow molding (extruded
foam polystyrene); and in this chapter is referenced as "foam polystyrene."
Foam polystyrene is generally used to make cups, bowls, plates, trays,
clamshell containers, meat trays and egg cartons.
The term also means and includes clear or solid polystyrene
which is also known as "oriented" and referenced in this chapter as
"rigid polystyrene." Rigid polystyrene is generally used to make clear
clamshell containers and clear or colored straws, lids and utensils.
A void-filled packaging product made of expanded polystyrene
that is used as a packaging fill, commonly known as "packing peanuts."
Food or beverages, which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the
food establishment's premises within the Town of Williamstown. Prepared
food may be eaten either on or off the premises, also known as "takeout
food."
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of using
the altered form in the manufacture of a new product. "Recycling"
does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
Any commercial business facility that sells goods directly
to the consumer, including but not limited to grocery stores, pharmacies,
liquor stores, convenience stores, restaurants, retail stores and
vendors selling clothing, food, and personal items, and dry cleaning
services.
Material that will be used more than once in its same form
by a business establishment. Reusable food service ware includes:
tableware, flatware, food or beverage containers, packages or trays,
such as, but not limited to, soft drink bottles and milk containers
that are designed to be returned to the distributor and customer that
is provided takeout containers. "Reusable" also includes durable containers,
packages, or trays used on premises or returnable containers brought
back to the food establishment.
A.
Food establishments are prohibited from providing prepared food to
customers in foam polystyrene or rigid polystyrene food service ware.
B.
All food establishments using any disposable food service ware will
use biodegradable, compostable, reusable or recyclable food service
ware. All food establishments are strongly encouraged to use reusable
food service ware in place of using disposable food service ware for
all food served on premises.
C.
Retail establishments are prohibited from selling or distributing
foam polystyrene or rigid polystyrene food service ware to customers.
D.
No manufacturer may dispense, sell, or offer for sale polystyrene
loose fill packaging in the Town of Williamstown.
A.
Foods prepared or packaged outside the Town of Williamstown are exempt
from the provisions of this chapter. Purveyors of food prepared or
packaged outside the Town of Williamstown are encouraged to follow
the provisions of this chapter.
B.
Food establishments and retail establishments will be exempted from
the provisions of this chapter for specific items or types of disposable
food service ware if the Board of Health or its designee finds that
a suitable biodegradable, compostable, reusable, or recyclable alternative
does not exist for a specific application and/or that imposing the
requirements of this chapter on that item or type of disposable food
service ware would cause undue hardship.
C.
Any person may seek an exemption from the requirements of this chapter
by filing a request in writing with the Board of Health. The Board
of Health may waive any specific requirement of this chapter for a
period of not more than one year if the person seeking the exemption
has demonstrated that strict application of the specific requirement
would cause undue hardship. For purposes of this chapter, an "undue
hardship" is a situation unique to the food establishment where there
are no reasonable alternatives to the use of expanded polystyrene
disposable food service containers and compliance with this provision
would cause significant economic hardship to that food establishment.
A person granted an exemption must reapply prior to the end of the
one-year exemption period and demonstrate continued undue hardship
if the person wishes to have the exemption extended. The Board of
Health's decision to grant or deny an exemption or to grant or deny
an extension of a previously issued exemption shall be in writing
and shall be final.
D.
Coolers and ice chests that are intended for reuse are exempt from
the provisions of this chapter.
B.
Whoever, themselves or by their servant or agent or as the servant
or agent of any other person or firm or corporation, violates any
of the provisions of these regulations may be penalized by a noncriminal
disposition process as provided in MGL c. 40, § 21D. Each
day of violation, after written notice, is a separate violation.
D.
The Board of Health may suspend, revoke or deny any license or permit
for violations of this chapter.
A.
Each section of this chapter shall be construed as separate to the
end that if any section, sentence, clause or phrase thereof shall
be held invalid for any reason, the remainder of the chapter and all
other chapters shall continue in full force.
[Adopted 5-19-2015 ATM,
Art. 41]
WHEREAS, the Town has a duty to protect the natural environment,
the economy, and the health of its citizens; and
WHEREAS, the production and use of single-use bags have significant
impacts on the environment, including, but not limited to:
• contributing to pollution of the land environment and
waterways;
• contributing to the potential death of marine and other
wildlife;
• clogging storm drainage systems;
• littering Williamstown's streets, parks, public places,
and local waterways, including reservoirs, lakes, the Hoosac River,
and the Green River; and
WHEREAS, plastic bags are made from fossil fuels, a nonrenewable
resource; and
WHEREAS, the manufacture, use, and disposal of plastic bags
and paper bags requires substantial energy consumption and contributes
to greenhouse gases and other adverse environmental effects; and
WHEREAS, plastic bags are not biodegradable or compostable,
and are commonly not recycled; and
WHEREAS, single-use paper and plastic bags create a burden to
solid waste collection and recycling facilities; and
WHEREAS, the costs associated with the use and distribution
of single-use paper and plastic bags are borne by retail establishments
and passed on to the customer; and
WHEREAS, affordable, ecologically responsible alternatives,
including reusable bags, are readily available from numerous sources
and vendors; and
WHEREAS, over 100 municipalities throughout the United States,
Canada, Europe, Africa, Latin America, and Asia have placed restrictions
on and/or fees for carryout bags, including Brookline, Great Barrington,
Manchester, Newton, and Provincetown in Massachusetts, as well as
Los Angeles, CA; Boulder, CO; Washington, DC; Dallas, TX; and Seattle,
WA;
NOW THEREFORE, the Town of Williamstown hereby enacts the following
bylaw to regulate the use of plastic carryout bags and paper carryout
bags within the Town and to promote the use of reusable bags.
The following words and phrases shall, unless context clearly
indicates otherwise, have the following meanings:
The American Society for Testing and Materials (ASTM) International
"Standard Specification for Compostable Plastics" which includes those
plastics and products made from plastics that are designed to be composted
under aerobic conditions in municipal and industrial aerobic composting
facilities.
ASTM International "Standard Specification for Biodegradable
Plastics in the Marine Environment" which includes those plastics
and products that are designed to be biodegradable under the marine
environmental conditions of aerobic marine waters or anaerobic marine
sediments, or both.
Materials that will completely degrade and return to nature,
i.e., decompose into elements found in nature within a reasonably
short period of time after customary disposal.
A bag provided by a retail establishment to a customer at
the point of sale for the purpose of removing products purchased therein.
A plastic bag that (1) conforms to the current ASTM D6400
specifications for compostability; and (2) is certified and labeled
as meeting the ASTM D6400 standard specifications by a recognized
verification entity. A plastic bag that is made of polyethylene, polyethylene
terephthalate, polyvinyl chloride, polypropylene, or nylon is not
deemed "compostable."
Any person purchasing goods from a retail establishment.
A plastic bag that conforms to the current ASTM D7081 standard
specification for marine degradability. A plastic bag that is made
of polyethylene, polyethylene terephthalate, polyvinyl chloride, polypropylene,
or nylon is not deemed "marine degradable."
Any natural person, firm, corporation, partnership, or other
organization or group however organized.
A material that would otherwise be destined for solid waste
disposal, having completed its intended end use and product life cycle.
A bag used by a consumer inside a retail establishment to:
(A) contain bulk items, such as produce, nuts, grains, candy, or small
hardware items; (B) contain or wrap meat, fish, or frozen foods whether
or not prepackaged; (C) contain or wrap flowers, potted plants, or
other items to prevent moisture damage to other purchases; or (D)
contain unwrapped prepared foods or bakery goods.
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs in the Town of Williamstown
for the purpose of using the altered form in the manufacture of a
new product. "Recycling" does not include burning, incinerating, converting,
or otherwise thermally destroying solid waste.
A paper bag that meets all of the following requirements:
(1) contains no old growth fiber, (2) is 100% recyclable overall and
contains a minimum of 40% postconsumer recycled material; (3) is capable
of composting, consistent with the timeline and specifications of
the American Society of Testing and Materials (ASTM) Standard D6400.
Any commercial business facility that sells goods and/or
services directly to the consumer, including but not limited to grocery
stores, pharmacies, liquor stores, convenience stores, restaurants,
retail stores and vendors selling clothing, food, and personal items,
and dry cleaning services.
A carryout bag that is specifically designed and manufactured for multiple reuse and meets the requirements of § 27-10 of this chapter.
Those bags, with or without handles, constructed of a film
of high-density polyethylene (HDPE), low-density polyethylene (LDPE),
linear low-density polyethylene (LLDPE), polyvinyl chloride (PVC),
polyethylene terephthalate (PET), polypropylene (other than woven
and nonwoven polypropylene fabric) if said film is less than 4.0 mils
(0.1016 mm) in thickness and which do not meet the ASTM D6400 and
ASTM D7081 standard specifications.
A.
No retail establishment in the Town of Williamstown shall provide
single-use plastic bags to customers.
B.
If a retail establishment provides carryout bags, produce bags, or
product bags to customers, the bags must be one of the following:
C.
Nothing in this chapter prohibits customers from using bags of any
type that they bring to the store themselves or from carrying away
goods that are not placed in a bag, in lieu of using bags provided
by the store.
A.
The provisions of this chapter do not apply to bags used by a nonprofit
corporation or other charity as defined by MGL c. 12 to distribute
food, grocery products, clothing, or other household items to clients.
B.
Whoever, themselves or by their servant or agent or as the servant
or agent of any other person or firm or corporation, violates any
of the provisions of these regulations may be penalized by a noncriminal
disposition process as provided in MGL c. 40, § 21D. Each
day of violation, after written notice, is a separate violation.
D.
The Town may suspend, revoke or deny any license or permit for violations
of this chapter.
A.
Each section of this chapter shall be construed as separate to the
end that if any section, sentence, clause or phrase thereof shall
be held invalid for any reason, the remainder of that chapter and
all other chapters shall continue in full force.
