[HISTORY: Adopted by the Town Meeting of the Town of Plainville
6-3-2019 ATM by Art. 23. Amendments noted where applicable.]
A.
The production and use of thin-film single-use plastic check-out
bags have significant impacts on the environment, including, but not
limited to: contributing to the death of marine animals through ingestion
and entanglement, contributing to the pollution of land environment,
creating a burden to recycling facilities, clogging storm drains,
and requiring millions of barrels of crude oil nationally for their
manufacture. Plastic bags do not biodegrade; instead they turn into
micro-plastics displacing lower food sources ingested by a wide range
of marine animals. By displacing lower food sources micro-plastics
are entering into the food chain, including our own.
B.
The purpose of this bylaw is to reduce the number of thin-film single-use
plastic check-out bags and paper bags and to promote the use of reusable
bags in Plainville.
The following words shall, unless the context clearly requires
otherwise, have the following meanings:
A bag provided by a store to a customer at the point of sale.
Check-out bags shall not include bags, whether plastic or not, in
which loose produce or products are placed by the consumer to deliver
such items to the point of sale or check out area of the store.
The Plainville Health Department.
The Health Agent for the Plainville Board of Health or his/her
designee.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content, and displays in a visible manner
on the outside of the bag (1) the word "recyclable" or a symbol identifying
the bag as recyclable and (2) a label identifying the bag as being
made from post-consumer recycled content and the percentage of post-consumer
recycled content in the bag.
Any business facility that sells goods directly to the consumer
whether for or not for profit, including, but not limited to, retail
stores, restaurants, pharmacies, convenience and grocery stores, liquor
stores, seasonal and temporary businesses.
A sewn bag with stitched handles that is specifically designed
for multiple reuse and that:
Those bags typically with handles, constructed of high-density
polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density
polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate
(PET), or polypropylene (other than woven and non-woven polypropylene
fabric), if said film is less than 4.0 mils in thickness.
A.
No retail establishment in the Town of Plainville shall provide thin-film
single-use plastic check-out bags to customers.
C.
Retail establishments with a floor area equal to or exceeding 3,500
square feet or with at least two locations under the same name within
the Town of Plainville that total 3,500 square feet or more, that
make available thin-film, single-use plastic check-out bags, with
or without handles, that are exempted under this bylaw, are required
to provide for in-store collection and proper recycling of returned
thin-film, single-use plastic check-out bags. Retail establishments
with a floor area less than 3,500 square feet that make available
thin-film, single-use plastic check-out bags, with or without handles,
exempted under this bylaw, are required to provide for in-store collection
and are required to properly recycle collected thin-film, single-use
plastic check-out bags if an in-town drop off location or other no-fee
option is available. In-store collection locations must be prominently
displayed and easily accessible.
Thin-film plastic bags typically without handles which are used
to contain newspapers, produce, meat, bulk foods, wet items, dry cleaning,
and other similar merchandise are not prohibited under this bylaw.
A.
The Board of Health and its Health Agent shall have the authority
to administer and enforce this bylaw.
B.
For the first violation, the enforcing authority, upon a determination
that a violation has occurred, shall issue a written warning notice
to the establishment specifying the violation.
D.
Fines shall be cumulative and each day on which a violation occurs
shall constitute a separate offense.
This bylaw shall take effect six months following the effective
date of approval by the Attorney General for retail establishments
with a floor area equal to or exceeding 3,500 square feet or with
at least two locations under the same name within the Town of Plainville
that total 3,500 square feet or more. This bylaw shall take effect
one year following the effective date of approval of the Attorney
General for retail establishments less than 3,500 square feet. The
Health Agent may exempt a retail establishment from the requirements
of this section for a period of up to six months upon a finding by
the Health Agent that (1) the requirements of this section would cause
undue hardship; or (2) a retail establishment requires additional
time in order to draw down an existing inventory of thin-film, single-use
check-out plastic bags.
The Board of Health may adopt and amend rules and regulations
to effectuate the purposes of this bylaw.
If any provision of this bylaw is declared invalid or unenforceable
the other provisions shall not be affected thereby.
