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(1) The director may exempt a food vendor or County facility user from the provisions of <br /> this article, in a situation where compliance with the terms of this article would result <br /> in undue hardship. The exemption shall be in place for a period of time not to exceed <br /> one hundred eighty days. <br /> (2) Undue hardship includes, but is not limited to, situations unique to the food vendor or <br /> County facility user that generally do not apply to other persons in similar <br /> circumstances. <br /> (3) Food vendors and County facility users seeking an exemption from the requirements <br /> of this article shall provide all required information on an application for exemption, <br /> including but not limited to, documentation supporting the applicant's claim that <br /> compliance with this article will result in undue hardship. <br /> (4) The director may approve or deny an exemption request in whole or in part. <br /> Applicants may appeal the director's decision to the environmental management <br /> commission. <br /> (5) All exemptions shall be promptly posted on the County website for the department of <br /> environmental management as a notice of temporary exemption. <br /> (c) Emergency supplies or services procurement. <br /> The mayor may exempt County facility users and food vendors from the provisions of this <br /> article, in a situation deemed by the mayor to be an emergency that necessitates such <br /> exemption in order to preserve the public peace, health, and safety. The exemption shall be <br /> in place until the mayor determines that the emergency situation has ceased and the <br /> exemption is no longer needed to preserve the public peace,health, and safety. <br /> Division 3. Enforcement. <br /> Section 20- _. Enforcement process. <br /> If the director determines that a violation of this article has occurred, the director shall take <br /> appropriate enforcement action. Enforcement actions, including the holding of contested case <br /> hearings, shall be conducted pursuant to section 2-204 of this Code and chapter 91 of the <br /> Hawai'i Revised Statutes. <br /> Section 20-_. Penalties. <br /> (a) A fine may be imposed upon findings made by the director that any food vendor or County <br /> facility user has used polystyrene-based disposable food service ware in violation of this <br /> article. Each day on which any food vendor or County facility user has sold or transferred <br /> disposable food service ware made from polystyrene foam shall constitute a separate <br /> violation of this article. <br /> (b) Food vendors shall be subject to an administrative fine for each separate violation as <br /> follows: <br /> (1) A fine of$10 for a first violation; <br /> (2) A fine of$50 for a second violation; and <br /> (3) A fine not exceeding $200 for a third and any subsequent violation. <br /> 5 <br />