[Adopted 5-6-2019 ATM,
Art. 18]
The purpose of this bylaw is to reduce the use of certain plastic
bags in Norwell, while promoting the use of reusable carry-out bags
at Town retail establishments. We propose the Town adopt this bylaw
because:
A.Â
Plastic bags are detrimental to our environment, our waterways, and
our wildlife. Plastic bags make up the third largest type of litter
from land-based sources found on U.S. coasts. Plastic bags choke,
strangle, and entangle turtles, marine mammals, birds, and fish, and
transport harmful microbes and toxins up the food chain.
B.Â
Plastic bags waste taxpayer dollars. Each month, Massachusetts produces
between 100 and 125 tons of bag waste. Plastic bags jam single-stream
recycling machinery, clog storm drains, and litter our sidewalks,
trees, parks, and waterways. Plastic bags are not allowed in Norwell
recycling bins, and most are never recycled. The Town must pay to
clean up plastic bag litter and to dispose of plastic in our waste
stream.
C.Â
Plastic bags contribute to a serious environmental issue facing Massachusetts,
the United States, and the world. Worldwide, over 436 million barrels
of oil are used annually to make plastic bags. This results in millions
of tons of greenhouse gases entering the atmosphere every year. Single-use
plastic bags are used for an average of 12 minutes, but can last up
to 1,000 years. Banning single-use plastic bags in Norwell is an important
and easily implemented step towards meaningful change.
A paper bag that is labeled as being 100% recyclable overall
and containing at least 40% post-consumer recycled material.
Any commercial enterprise selling goods, food or services
directly to the public, whether for profit or not-for-profit, including
but not limited to convenience and grocery stores, markets, restaurants,
pharmacies, liquor stores, take-out food purveyors, and merchandise
retailers.
A sewn bag with stitched handles that is made of cloth or
other machine washable fabric other than polyethylene or polyvinyl
chloride specifically designed for at least 175 uses and to carry
25 pounds over a distance of at least 300 feet.
A plastic bag provided by a retail establishment to a customer
at the point of sale for the purpose of removing products purchased
within that retail establishment. The thickness of the bag or its
ability to compost or biodegrade does not exempt retail establishments
from complying with this bylaw. Thin-film plastic bags without handles
used to contain dry cleaning, newspapers, produce, baked goods, meat,
cheese, and other similar merchandise are exempt.
No retail establishment in the Town of Norwell shall provide to customers single-use plastic bags regardless of thickness or ability to compost or biodegrade. A retail establishment shall only provide reusable carry-out bags or recycled paper bags, defined in § 41-15, at the point of sale.
A.Â
The enforcement of this bylaw is the responsibility of the Board
of Health or other individuals designated by the Board of Health with
the approval of the Town Administrator. Any establishment that violates
this bylaw shall be subject to the following penalties:
B.Â
Violations of the provisions of this bylaw may be enforced as provided
for in MGL c. 40, § 21D. As an alternative to initiating
criminal proceedings, the Board of Health or its enforcement designee
may give to the offender a written notice to appear before the Clerk
of the District Court having jurisdiction thereof at any time during
office hours, not later than 21 days after the date of such notice.
Such notice shall be in triplicate and shall contain the name and
address, if known, of the offender, the specific offense charged,
and the time and place for his or her required appearance. Such notice
shall be signed by the enforcing person, and shall be signed by the
offender, whenever practicable, in acknowledgement that such notice
has been received. The notice shall be served and all the procedures
followed as set out in said MGL c. 40, § 21D, as amended.
C.Â
All of the requirements set forth in this article shall take effect
on November 6, 2019. If a retail establishment cannot comply with
the effective date of this bylaw due to economic hardship, the establishment
may petition the Board of Health for an extension of six additional
months in which to come into compliance.
The validity of any part or provision of these rules and regulations
shall not affect the validity of any part or provision otherwise valid,
and these rules and regulations shall remain in effect as amended
from time to time except for those parts or provisions that are determined
to be invalid.
