Portsmouth City revives plastic bag ban efforts

HUDSON (Scrap Monster): The City of Portsmouth has revived its efforts to ban use of single-use plastic bags. A motion put forward by city councilors Brad Lown and Josh Denton was approved unanimously by the Council on Monday. The Council will now seek clarity from the state Department of Environmental Services (DES) on whether state law allows them to enact ban on plastic bags and charge 10% fees on paper bags.

Lown hoped that the DES Commissioner will issue favorable ruling based on the state statute 149-M, which will allow the city to proceed with the ban. It must be noted that a legislation enabling cities and towns to ban the bags on their own was defeated in the New Hampshire House earlier this year.

According to Attorney Jeff Rasanen, a ban on single-use plastic bags or Styrofoam is unlikely to conflict with New Hampshire’s solid waste management goals or purposes. This type of ban would decrease pollution from littering and waste of plastic bags and Styrofoam containers, he noted. He further added that the state solid waste management regulations do not comprehensively address a town’s authority to pass bans of certain items.

The Councilors noted that as per initial opinion, the state has delegated to the cities and towns the power to regulate waste. However, it needs to be clarified whether cities and towns can ban single-use plastic bags and charge a pass-through fee on paper bags. The DES’s response to the Council’s letter would provide a clear picture on the matter, Lown and Denton stated.

The City proposes to ban use of single-use plastic bags at grocery stores. The proposed ban will exempt certain non-profits. The violators of the ban will be given written warning for first offence and a fine of $100 each per violation thereafter.