Oak Bluffs looks to health board to enforce bottle ban - The Martha's Vineyard Times

The board said earlier this year that it lacked the staff for enforcement.

Oak Bluffs’ select board is asking its health department to consider enforcing a much-debated plastic-water and soft-drink bottle ban, taking cues from enforcement in other towns.

In light of criticism that some stores are still selling plastic bottles, select board members and town officials have criticized the bylaw, especially its ability to be enforced. Local business owners have also pushed back, citing a demand for water from daytrippers.

In May 2021, town voters adopted the plastic water and soft drink bottle bylaw, despite opposition from business owners of the Oak Bluffs Association. The ban was adopted in all Vineyard towns between 2019 and 2023, pushed by young activists Plastic Free Martha’s Vineyard for its environmental benefits.

Oak Bluffs’ ban prohibits sale and distribution of disposable plastic water and soda bottles 34 ounces and under. First-time violators receive a written warning, second violations come with a $50 fine, and third or or further violations cost $100.

The town has not assigned an enforcer in Oak Bluffs, however, and the select board has noted at past meetings that banned bottles are still being sold in town.

At a September 10 select board meeting, the health board felt that they lacked the staff necessary to enforce the ban. At the meeting, board member Emma Green-Beach also noted opposition from local businesses citing demand from day-trippers.

At a March select board meeting, Jen Pacheco of Reliable Market also showed the select board petitions signed by town residents and non-residents, asking the board to not enforce the bylaw. Select board member Gail Barmakian at the meeting called the bylaw poorly written, adding that town counsel should review its enforceability. Member Dion Alley added that it penalizes merchants, and felt that it should be reviewed and voters should revisit it.

The board decided to form a plastic bottle working group, made of Green-Beach and other select board members, health department officials, Vineyard Conservation Society officials, and business owners including Pacheco.

This Tuesday, the select board voted unanimously to send the health board a letter. The letter asks the health board to consider enforcing the ban, adding that this is the arrangement in most other Vineyard towns.

“[T]he Oak Bluffs Select Board agreed by consensus to inquire whether the Board of Health would consider being the enforcement agent of the general bylaw now being referred to as the Plastic Bottle Bylaw,” the draft reads.

“The bylaw states that ‘Enforcement of this bylaw shall be the responsibility of the board of Selectmen or its designee(s).’ In most other towns which have adopted this bylaw, the Board of Health enforces it,” the letter reads. “For this reason the Select Board asks that you kindly consider incorporating this bylaw into the purview of the Health Department.”

The select board has also asked town administrator Deborah Potter to present a report on the costs of enforcing the ban, in order to inform practical strategies.