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Page 9:[1]Commented[KW16] Kucharski,William 8/16/2017 10:00:00 AM • Keyra Wong(CC): • under subsection(c),the part of the sentence saying"until such time that compostable alternatives are developed and available"could be eliminated without affecting the rest of the sentence. By leaving that language in subsection(c), it may be difficult for the county to regulate when an alternative is developed and how food vendors and county facility users are supposed to be aware that compostable alternatives are available. Page 9:[2]Commented [KW17] Kucharski, William 8/16/2017 10:04:00 AM Keyra Wong(CC): Under subsection(d)(1),clarification may be needed on whether a county facility user or a food vendor needs to apply for a hardship exemption first,or if a county facility user or food vendor may apply for a hardship even after receiving a notice for a violation. Page 9: [3] Commented [KW20] Kucharski,William 8/16/2017 10:06:00 AM • Under subsection(dX4), it is unclear if the director's decision for exemption shall be automatically forwarded in writing to the Environmental Management Commission,or if the food vendor or county facility user must formally appeal the director's decision as a final order of the director. In Hawai`i County Code §2-204,the Environmental Management Commission has the authority to review any of the director's decisions only when the order is final,and a person appeals the final order. The last sentence of(dX4)appears to give the EMC the authority to review(and potentially reverse/modify)an exemption decision of the director automatically. If that is the intent of the bill,additional clarification is needed, including: How long does the EMC have to determine its decision? How does the EMC evaluate the director's decision? What material does the EMC use in its evaluation? Does the EMC review only the applicant's documentation,or does the EMC review only the director's written decision and evaluate for error? In addition,an explanation is also needed for what happens when the EMC concurs or disagrees with the director's decision as is currently drafted in(d)(4). It may be that the intent is that if the EMC concurs with the director's decision, it affirms the decision. Or if the EMC disagrees with the director's decision,then it may reverse and modify or reverse and remand the director's decision. Page 9:[4]Commented[KW21] Kucharski,William 7/10/2017 10:26:00 AM Note:EMC will require rules and procedures for the review and process/standards for approval/disapproval need to be formulated. Please note that this section is silent on what"disagree" i.e., disapproval means.As written there is no direction as to whether a disagree vote means the exemption can or cannot be issued. Page 9:[5]Commented[KW23] Kucharski,William 8/16/2017 10:10:00 AM • Keyra Wong(CC): • It is important to note that the Violations and Fines sections are only imposed upon food vendors. • Under subsection(b),it states that each and every sale or transfer constitutes a separate violation of the proposed ordinance. This will be difficult to enforce for the county because it will be challenging to trace every sale or transfer of polystyrene foam. In addition,Hawaii County Code§2-205 states,"Any person who violates chapters 20 or 21 [of Hawai`i County Code] shall be fmed not more than $1,000 for each separate offense. Each day of each violation