General Bylaw-Sale of Non-Carbonated Unflavored Drinking Water in Single Use Plastic Bottles
May 2021
Dear Business Owner:
In September 2020, a Citizen’s Petition at Town Meeting was approved to adopt a general bylaw which bans the sale of non-carbonated unflavored drinking water in single-use plastic bottles. A single-use plastic bottle is a beverage container made from any type of plastic resin.
Effective on September 1, 2021, it shall be unlawful to sell non-carbonated, unflavored drinking water in single-use plastic bottles of less than one gallon in the Town of Harwich.
This bylaw prohibits an establishment from distributing or selling non-carbonated single-use plastic bottles of unflavored water that are less than one gallon. An exception will be made in the case of a declaration of emergency, decided by the Emergency Management Director or other duly assigned Town, County, Commonwealth or Federal Official, affecting the availability and/or quality of drinking water to the residents of Harwich, shall be exempt from this Bylaw until seven (7) days after the declaration has ended.
WHY A BAN?
Single-use plastic bottles impact environmental health, and the health and longevity of other species, who may ingest plastic as food. Ultimately, plastic re-enters the human food chain where the adverse consequences are both known and emerging. Plastics pollute and impact our environment across their life cycle from production, use and disposal. Over 1,500 single-use plastic water bottles are used and discarded in the U.S. per second. Elimination of the use of single-use plastic water bottles will have a significant impact on future plastic-based pollution including the nation’s greenhouse gas footprint and is consistent with protection of the natural environment in Harwich.
ENFORCEMENT
Enforcement of this article shall be the responsibility of the Town Administrator or his/her designee. This Bylaw does not authorize the enforcement agency to stop someone from using single-use plastic bottles in any manner; no individual can be cited for possession of a plastic water bottle even though banned at check out.
This Bylaw may be enforced through non-criminal disposition procedures as specified in G.L.Chapter 40 21D. The violations are enforced with:
1st violation: Written warning, 2nd violation: $150.00 fine, 3rd and subsequent violations: $300.00 fine for each day a violation continues constitutes a separate violation, incurring additional fines.
If you should have any questions please contact The Harwich Health Department at 508-430-7509 or health@town.harwich.ma.us or the Town Administrator’s office at 508-430-7513.