Town of Great Barrington, MA

Sale of Drinking Water in Single-use PET Plastic Bottles Bylaw

Section 1. Sale of Drinking Water in Single-Use PET Plastic Bottles

It shall be unlawful to sell non-sparkling, unflavored drinking water in single-use PET plastic bottles of 1 liter (34 ounces) or less in the Town of Great Barrington on or after May 1, 2019. Enforcement will begin May 1, 2019.

Section 2. Exemption for Emergencies

Sales occurring subsequent to a declaration of an emergency adversely affecting the availability and/or quality of drinking water to Great Barrington residents by the Emergency Management Director or other duly-authorized Town, Commonwealth, or United States official shall be exempt from this Bylaw until seven days after such declaration has ended. Also, emergency services (fire, police and EMS) are exempt.

Section 3. Enforcement Process

Enforcement of this Bylaw shall be the responsibility of the Town Manager or his/her designee. The Town Manager shall determine the inspection process to be followed, incorporating the process into other town duties as appropriate. Any establishment conducting sales in violation of this Bylaw shall be subject to a noncriminal disposition fine as specified in Chapter 1, General Provisions, Section 5.1, of Town Bylaws under M.G.L. Chapter 40, §21D. Any such fines shall be paid to the Town of Great Barrington.

Section 4. Suspension of the Bylaw

If the Town Manager determines that the cost of implementing and enforcing this Bylaw has become unreasonable, then the Town Manager shall so advise the Board of Selectmen, and the Board of Selectmen shall conduct a Public Hearing to inform the citizens of such costs. Subsequent to the Public Hearing, the Board of Selectmen may continue this Bylaw in force or may suspend it permanently or for such length of time as they may determine.

And to amend Chapter 1-5.1, Noncriminal Disposition Bylaw, by adding the following: