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2022.03.01 Rules of Practice and Procedure of the Department of Environmental Management
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2022.03.01 Rules of Practice and Procedure of the Department of Environmental Management
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5/27/2022 2:46:31 PM
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(b) Application for Exemption Due to Hardship to the Food Vendor: A Food vendor <br />shall submit a Department application to the director and shall include with <br />specificity the following: <br />(1) The name, mailing address, telephone number, email, and a copy of the <br />food vendor's most current business registration certificate (business <br />license). <br />(2) The polystyrene foam food service ware(s) at issue, including why the food <br />vendor requires the product(s) and an estimate of the monthly quantity of <br />the product used. <br />(3) The factual basis to support the requested determination that use of <br />compliant food service ware(s) would cause the food vendor undue <br />hardship and there is no compliant alternative. <br />(4) The director may consider the information provided by the applicant to <br />determine whether an undue hardship exists to justify an exemption. <br />(5) If an exemption is granted, the polystyrene foam food service ware(s) may <br />only be used for the specific food item(s) identified in the application. <br />14-5. Duration, Renewal, and Revocation of Exemptions. <br />(a) Initial exemptions are valid for a maximum period of one hundred eighty (180) <br />days, except that shorter periods may be approved by the director. <br />(b) Applications to renew exemptions shall be submitted to the department no <br />later than thirty (30) days prior to the expiration of the exemptions. Exemption <br />renewals may be granted but shall not exceed one hundred eighty (180) days, <br />including the initial exemption period, upon a showing that the applicant <br />continues to meet all applicable requirements. <br />(c) Exemptions may be revoked upon the director's finding that the basis for the <br />exemption is no longer valid or the applicant has otherwise violated this <br />chapter. <br />14-6. Administrative Fines. <br />(a) A fine may be imposed upon findings made by the director that any food <br />vendor or County facility user has used polystyrene -based disposable food <br />service ware in violation of this rule. Each day on which any food vendor or <br />County facility user has sold or transferred disposable food service ware made <br />from polystyrene foam shall constitute a separate violation of this article. <br />W <br />
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