Politics & Government

Board 'Sick' of Plastic Bottle Ban

Selectmen want to resolve what to do with unenforceable ban

Members of Concord's Board of Selectmen say they are sick of talking about the ban on the sale of plastic bottled water, but they talked about it Monday night anyway.

"I'm sick of it, but it would be nice to have some direction," said board Chairman Jeff Weiand. "We have choices."

Since Town Meeting voters approved the article that was brought to Town Meeting by petitioner Jean Hill, the board has been in a quandary because the language of the article has no enforcement procedures or penalties associated with it.

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The town sent the article to the Attorney General's Office for an opinion on its viability, but has not heard back.

The board has said the AG "doesn't want this," and could punt and send it back to the town for revision.

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Businesses in town do not like the ban because a lot of their weekend sales, especially in convenience stores, are of bottled water in plastic containers that end up at the playing fields.

The bylaw passed at Town Meeting goes into effect Jan. 1, 2011.

Selectman Carmin Reiss said no matter how often parents remind their young athletes to bring a bottle from home, "it never makes it back," so parents buy plastic bottles.

"We can do nothing," said Weiand, "or we can wait for the attorney general's opinion."

Other board members said they thought the sentiment behind the bylaw is sound: cutting down on plastic to help the environment, but the enforceability is an impediment.

Another possibility selectmen want to avoid is having to call a special Town Meeting to re-vote or rescind the article. Two hundred signatures are required to call such a meeting. They are expensive to orchestrate, each one costing the town more than $10,000.

Weiand said "one way or the other" the proponents of the bylaw will return to Town Meeting since enforcing it and assessing penalties for infractions have not been articulated.

He said both proponents and opponents would be back next year, if the town does not rescind the article, perhaps at a fall special Town Meeting.

"We can ask the proponents to prepare a bylaw that works," said Weiand.
One idea that got traction from the board is calling a forum or meeting among all the stakeholders: the bylaw proponents and other conservation and environmental groups as well as concerned businesses in town to find common ground.

"I recognize the message but also in the real world, what are the financial ramifications of this," said Selectman Greg Howes.  

Board members said they feel the bylaw is certain to have a legal challenge after Jan. 1 when it goes into effect. The town would have to spend money on lawyers in a case it isn't behind 100 percent.

"The sentiment is worthy, but it could cost the town money," said Howes. "Let's work with the petitioner on this."

Town Manager Chris Whelan said town departments will not buy any more water in plastic bottles after July 1 when the new fiscal year goes into effect.

Reiss suggested a "wider context" than just banning water in plastic bottles.

"We could put up signs at playgrounds to bring you own bottle, and we could use the water fountains more," said Reiss. "We can take small steps that are more than symbolic."

The board is also interested in the legislature's expanded bottle bill that may include juice and water bottles, not just beer and wine in glass containers.


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