20-12-03 (Existing) Rules of Practice and Procedure of the Department of Environmental Management

Home

(b) Application for Exemption Due to Hardship to the Food Vendor: A Food vendor shall submit a Department application to the director and shall include with specificity the following: (1) The name, mailing address, telephone number,, email, and a copy of the food vendor's most current business registration certificate (business license). (2) The polystyrene foam food sierv,ice ware(s) at issue, including why t�hie food vendor requires the product(s) and an estimate of the monthly quantity of the product used. (3) The factual basis to pp ort the requested determination that use of compliant food service ware(s) would cause the food vendor undue hardship and there is no compliant alternative. (4) The director may consider the information provided by the applicant to determine whether an undue hardship exists to justify an exemption. (5) If an exemption, is granted, the polystyrene foam food service ware(s) may only be used for the specific food item(s) identified in the application. (a) Initial exemptions are valid for a maximum period of one hundred eighty (18 days, except that shorter periods may be approved by the director. i (b) Applications to reinew exemptions shall be submitted to the department no later than th'rty (30) days prior to the expiration of the ex�emptions. Exemption renewals may be granted but shall not exceed one hundred eighty (180) days, including the initial exemption period, upon a showing that the applicant continues to meet all applicable requirements. (c) Exemptions may, be revoke�d upon the director's finding that the basis for the exemption is no longer valid or the applicant has otherwise violated this chapter. (a) A fine may be imposed upon findings made by the director that any food vendor or County facility user has used polystyrene -,based disposable food service ware in violation of this rule. Each day on which any food vendor or County faicility user has sold or transferred dispiosable food service ware mad I from polystyrenile foam shalil constitute a separate violation of this article. W16