HomeMy WebLinkAboutCOM 0664.050 2014-2016 Margaret Wille . Phone No.Hilo: (808)961-8027
Council Member cp. r 114, Phone No. Waimea: (808) 887-2043
District 9-North and South Kohala \�4L�'% Fax No.: (808)887-2072
*: ����<%'�i•' E-Mail: mwille@co.hawaii.hi.us
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HA'WAI`I COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building Holomua Center West Hawaii Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo, Hawai`i 96720 Waimea, Hawaii 96743 Kailua-Kona, Hawai'i,96740
TO: Dru Mamo Kanuha, Council Chair
and Members of the Hawai`i County Council F --;
FROM: Margaret Wille, Council Member
DATE: May 2, 2016
0:3
SUBJECT: Proposed Amendment to Bill No. 140; Relating to Reduction of Polystyrene
Foam "Styrofoam"Food Containers and Food Service Ware.
Please find attached proposed amendments to Bill No. 140. The proposed amendments are
illustrated below in Ramseyer format with respect to the contents of Bill No. 140 (material to be
deleted is bracketed and stricken; material to be added is underscored). A draft copy of proposed
_ - Bill No. 140, Draft 2, is attached with the amendments incorporated therein.
1. SECTION 1 of Bill No. 140 is repealed as follows:
"[SECTION 1. Purpose.
Polystyrene foam commonly known as "Styrofoam" is neither degradable nor
compostable. It is made from non renewable fossil fuels and synthetic chemicals
that can leach out over time into the environment, especially after contact with hot,
greasy or acidic foods. When discarded, polystyrene foam often br-aks into tiny
pieces, is mistaken for food and ingested by land and marine animals, birds, and
chain.
In view of the detrimental impact of this substance in Hawai`i County, it is the
purpose of this article to reduce the use of polystyrene foam food containers and
food service ware and thereby encourage the use of environmentally preferable
alternatives. This will improve environmental quality on the island and reduce solid S
2010 Zero Waste Plan.]"
Ref. To: B�M di
Ref. Dote 0 3 2016
Servingthe Interests ofthe People ofOur Island
P
Hawai`i County Is An Equal Opportunity Provider And Employer
2. Bill No. 140 is amended by amending SECTION 2 to read as follows:
`°SECTION [2,]1. Chapter 20, Hawai`i County Code 1983 (2005 Edition, as
amended), is amended by adding a new article to be appropriately designated and to read as
follows:
"Article_. Polystyrene Foam Food Container and
Food Service Ware Reduction.
Division 1. General Provisions.
Section 20- . Findings and purpose.
Solid waste that is nondegradable or nonrecyclable poses unique problems for
an island in the middle of the Pacific Ocean. Disposal of such waste either takes up
valuable air space in existing landfills or ends up as litter, sometimes in our marine
environment.
Polystyrene foam, sometimes incorrectly referred to as "Styrofoam," is neither
degradable nor compostable. It is made from non-renewable fossil fuels and
synthetic chemicals that can leach out over time into the environment, especially
after contact with hot, greasy, or acidic foods. When discarded, polystyrene foam
often breaks into tiny pieces, is mistaken for food and ingested by land and marine
animals, including birds and fish. This is detrimental not only to wildlife but to
other life forms in the food chain.
In view of the detrimental impacts of this substance in Hawai`i County, it is
the purpose of this article to reduce the use of polystyrene foam food containers and
food service ware, to encourage supermarkets and other vendors to eliminate the
use of polystyrene foam for packaging unprepared food, and thereby promote the
use of environmentally preferable alternatives.
Although foods packaged outside of the limits of Hawai`i County are
excluded from the provisions of this article, the purveyors of foods prepackaged
outside of the limits of Hawai'i County are encouraged to follow these provisions
and thereby support the County's policy goal to eliminate the use of polystyrene
foam disposable food service ware.
Through these measures, it is the Council's intent to improve environmental
quality on the island and in the neighboring marine environment. Reduction of the
amount of nondegradable and nonrecyclable waste that enters the waste stream is
consistent with and furthers the goals and policies expressed in this County's
general plan, integrated resource and solid waste management plan, and its adopted
zero waste policy as well as promotes the health, safety, and welfare of the County
and its residents.
2
Section 20- . Administration.
The director of the department of environmental management shall administer
this article.
Section 20-_. Definitions.
As used in this article, unless otherwise specified:
"ASTM standard"means the standards of the American Society for Testing
and Materials International Standards D6400 or D6868 for biodegradable and
compostable plastics.
"Biodegradable"means the entire product or package will completely break
down and return to nature, i.e., decompose into elements found in nature within a
reasonably short period of time after customary disposal. It is the ability of organic
matter to break down from a complex to a more simple form.
"County facility" means any building, structure, or vehicle owned and
operated by the County, its agents, agencies, and departments and includes County
buildings, structures, parks, recreation facilities, or property.
"County facility users" means all persons, societies, associations,
organizations, or special event promoters who require a permit to reserve or rent a
County facility or a permit or contract to use a sidewalk or roadway. County
facility users also include concession contracts with the County, County managed
concessions, County sponsored events and food services provided at County
expense.
"Compostable"means all materials in the product or package will break
down, or otherwise become part of usable compost(e.g., soil-conditioning material,
mulch) in an appropriate composting program or facility. Compostable disposable
food service ware includes ASTM-standard bio-plastics (plastic-like) products that
are clearly labeled so that any compost collector and processor can easily
distinguish the ASTM-standard compostable plastic from non-ASTM standard
compostable plastic.
"Customer"means a person obtaining prepared food from a food provider.
"Director" means the director of the department of environmental
management or the director's authorized representative.
"Disposable food service ware"means disposable products that are used, or
are intended to be used, to serve or transport prepared, ready-to-consume food or
beverages that are commonly disposed of after a single use. This includes, but is not
limited to, service ware for takeout foods and/or leftovers from partially consumed
meals prepared at restaurants or retail food vendors. "Disposable food service
ware" includes, but is not limited to, a cup, bowl, plate, tray, carton, hinged, lidded,
3
or clamshell container that is intended for single use. "Disposable food service
ware" excludes straws, cup lids, utensils, and packaging for unprepared food.
["Food container"means a container that is used, or is intended to be used, to
hold prepared food. "Food container" includes, but is not limited to, a cup, bowl,
"Food packaging" means all food-related wrappings, bags, boxes, containers,
bowls, plates, trays, cartons, cups, lids, straws, or drinking utensils, on which or in
which food is placed or packaged on the retail food establishment's premises, and
which are not intended for reuse. Food packaging does not include forks, knives or
single-service condiment packages.
"Food provider"means any vendor, business, organization, entity, group, or
individual operating in the County [that offers food or beverages to the public for
consumption on or off premises, regardless of whether there is a charge for the
feed] which provides prepared food for public consumption on or off its premises
and includes without limitation any store, shop, sales outlet, restaurant, grocery
store, supermarket, delicatessen, caterer, catering truck or vehicle; and any
organization, group or individual which regularly provides food in conjunction with
services.
["Food provider" includes, but is not limited to, cafeterias, caterers,
delicatessens, grocery stores, itinerant restaurants, pushcarts, restaurants, retail food
provider" also includes cafeterias in private schools and places of employment
whether or not such establishments are open to the general public.]
"Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks,
spoons, knives, napkins, trays, and other items primarily designed for use in
consuming food.
"Food vendor"means any restaurant or retail food establishment.
"Polystyrene foam" means [. •-- ._ . . .. --
thermoplastic petrochemical materials utilizing a styrene monomer and processed
by any number of techniques including, but not limited to, fusion of monomer
spheres (expanded bead polystyrene), injection molding, foam molding, and
extrusion blown molding (extruded foam polystyrene), which is used, or is intended
to be used, to hold prepared food.] a thermoplastic petrochemical material utilizing
the styrene monomer, which may be marked with resin symbol#6, processed by
any number of techniques including, but not limited to fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and extrusion-
blow molding (extruded foam polystyrene), sometimes referred to as "Styrofoam,"
a Dow Chemical Company trademarked form of polystyrene foam insulation. In
4
food service, polystyrene foam is generally used to make cups, bowls, plates, trays,
clamshell containers, meat trays and egg cartons intended for a single use.
"Prepared food"means [any food that is:] food or beverages, which are
served,packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or
otherwise prepared for consumption by a retail consumer on the premises of a retail
food establishment, including, but not limited to, beverages, ready to eat, and
takeout food. "Prepared food" does not include raw, butchered meats, fish and/or
poultry unless provided for consumption without further food preparation.
"Retail food establishment"means any sales outlet, store, shop, vehicle, or
other place of business which sells or conveys foods or beverages to ultimate
consumers, which foods or beverages are contained, wrapped, or held in or one
food packaging. "Retail food establishment" shall include, but not be limited to,
any place where food is prepared, mixed, cooked, baked, smoked, preserved,
bottled, packaged, handled, stored, manufactured, and sold or offered for sale,
including, but not limited to a: restaurant; drive-in; coffee shop; cafeteria; short-
order café; delicatessen; luncheonette; grill; sandwich shop; soda fountain; bed and
breakfast; inn; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out
prepared food place; industrial feeding establishment; catering kitchen; mobile food
preparation unit; commissary; grocery store; public food market; produce stand;
food stand; or any other place in which food and drink or prepared for sale or for
service on the premises or elsewhere; and any other establishment or operation
where food is processed, prepared, served, or provided to or for consumers for
charge.
[" .- " -- ., .. . . .. •- . - - - :a:: - -- . .
located or operating within the County.]
[- • . • -! • . •• . ..
The director of the department of environmental management shall administer
this article. - . •- .. . . •. _ . . •.-, -- - --• - , . . ..--
administrative rules that among other things, establish penalties pursuant to chapter
91, Hawai`i Revised Statutes. Administrative rules shall be adopted within one
hundred eighty days from the effective date of this ordinance.]
Section 20- . Construction and preemption.
Any provision of this article shall be null and void upon the adoption of any
state or federal law or regulation imposing the same, or essentially the same, limits
on the use of prohibited products as set forth in this article. This article is intended
to be a proper exercise of the County's police power, to operate only upon its own
officers, agents, employees and facilities and other persons acting within its
boundaries, and not to regulate inter-county or inter-state commerce. It shall be
construed with that intent.
5
Division 2. Prohibitions and Requirements.
Section 20-_. Prohibitions.
(a) A food : . . - -] vendor is prohibited from providing
prepared food to a customer in [a] disposable food service ware that uses
polystyrene foam [food container] on or after [January] July 1, 2018.
(b) Polystyrene foam food containers and polystyrene foam food service ware
shall not be sold or provided by any food vendor in the County on or after
[January] July 1, 2018.
Section 20- . Required use of recyclable or compostable food service ware.
(a) All food vendors using any disposable food service ware shall use a suitable
recyclable or compostable product.
(b) All County facility users shall use a suitable recyclable or compostable
product for disposable food service ware.
Section 20- . Exemptions.
(a) Foods packaged outside the limits of the County of Hawai'i are exempted
from the provisions of this article.
(b) Coolers and ice chests that are intended for reuse are exempted from the
provisions of this article.
(c) County facility users and food vendors.
(1) In situations where compliance with the terms of this article would result
in undue hardship,the director with the concurrence of a majority vote
of the environmental management commission may exempt a food
vendor or County facility user from the requirements set forth in the
article for a period of time not to exceed ninety days.
(2) Undue hardship includes, but is not limited to, situations unique to the
food vendor or County facility user not generally applicable to other
persons in similar circumstances.
(3) Food vendors and County facility users seeking an exemption from the
requirements of this article shall provide all required information on an
application for exemption, including but not limited to, documentation
supporting the applicant's claim that compliance with this article will
result in undue hardship.
(4) The director may approve an exemption request in whole or in part. The
director's decision shall be forwarded in writing to the environmental
management commission, which shall concur or disagree with the
director's decision.
(5) All exemptions shall be promptly posted on the County website for the
department of environmental management as a notice of temporary
exemption.
6
(d) Emergency supplies or services procurement. County facility users and food
vendors shall be exempt from the provisions of this article in a situation
deemed by the mayor to be an emergency for the immediate preservation of
the public peace, health, and safety.
Division 3. Enforcement.
Section 20- . Violations.
(a) If the director determines that a violation of this article has occurred, the
director shall issue a written notice to the food vendor that a violation has
occurred. Subsequent violations of this article by a food vendor shall be
subject to the enforcement and penalties set forth below.
(b) Each and every sale or transfer of disposable food service ware made from
polystyrene foam shall constitute a separate violation of this article.
(c) Any violation of this article that occurs after the issuance of a written warning
to a food vendor is subject to civil and administrative enforcement, punishable
by a civil fine established in this article. Any citation issued for a violation of
this article shall give notice of the right to request an administrative hearing to
challenge the validity of the citation and the time for requesting that hearing
as provided in section 2-204 of this Code.
Section 20- . Fines.
(a) A fine may be imposed upon findings made by the director that any food
vendor has used polystyrene-based disposable food service ware in violation
of this article.
(b) Amount of fine. Upon findings made under this article, the food vendor shall
be subject to an administrative fine as follows:
(1) A fine not exceeding $100 for a first violation;
(2) A fine not exceeding$200 for a second violation; and
(3) A fine not exceeding $500 for the third and subsequent violations.
(c) Food vendors who violate this article in connection with commercial or non-
commercial special events shall be assessed fines as follows:
(1) A fine not to exceed $200 for an event of one to 200 persons;
(2) A fine not to exceed $400 for an event of 201 to 400 persons;
(3) A fine not to exceed $600 for an event of 401 to 600 persons; and
(4) A fine not to exceed $1,000 for an event of 600 or more persons.
7
(d) Fine procedures. Notice of the fine shall be served on the food vendor. The
notice shall contain an advisement of the right to request a hearing before the
director contesting the imposition of the fine. The grounds for the contest
shall be either that (1) the food vendor did not use polystyrene-based
disposable food service ware when providing prepared food, or(2) the food
vendor would have been granted an exemption under this article if the food
vendor had applied for such exemption. Said hearing must be within thirty
days of the date appearing on the notice of the fine. The decision of the
director shall be based upon a finding that oneof the above listed grounds for
a contest have been met or not met and shall be a final administrative order,
with no administrative right of appeal.
(e) Failure to pay fine. Fines not paid within thirty days from the date appearing
on the notice of the fine or of the notice of determination of the director after
the hearing, shall be referred to a collection agency.
Section 20- . Other relief.
(a) The County corporation counsel may seek legal, injunctive, or other equitable
relief to enforce this article.
(b) The remedies provided herein are cumulative and not exclusive.
(c) All fines and other enforcement actions may be appealed to the circuit court,
provided the appeal is filed within thirty days of issuance of the notice of
determination.
Section 20- . Education.
On or before January 1, 2017, the director shall establish an education program
for businesses, nonprofit organizations, and the general public regarding
compostable alternatives to polystyrene foam disposable food service ware."
3. Bill No. 140 is amended by amending SECTION 3 to read as follows:
"SECTION W2. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end, the provisions of this ordinance are declared to be
severable."
4. Bill No. 140 is amended by amending SECTION 4 to read as follows:
"SECTION [47]3. This ordinance shall take effect [upon approval.]on July 1, 2018."
8
MW/dh
Att.
AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO
REDUCTION OF POLYSTYRENE FOAM "STYROFOAM" FOOD CONTAINERS
AND FOOD SERVICE WARE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 20, Hawai`i County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and to read as follows:
"Article_. Polystyrene Foam Food Container and
Food Service Ware Reduction.
Division 1. General Provisions.
Section 20-_. Findings and purpose.
Solid waste that is nondegradable or nonrecyclable poses unique problems for
an island in the middle of the Pacific Ocean. Disposal of such waste either takes up
valuable air space in existing landfills or ends up as litter, sometimes in our marine
environment.
Polystyrene foam, sometimes incorrectly referred to as "Styrofoam," is neither
degradable nor compostable. It is made from non-renewable fossil fuels and
synthetic chemicals that can leach out over time into the environment, especially
after contact with hot, greasy, or acidic foods. When discarded, polystyrene foam
often breaks into tiny pieces, is mistaken for food and ingested by land and marine
animals, including birds and fish. This is detrimental not only to wildlife but to
other life forms in the food chain.
In view of the detrimental impacts of this substance in Hawaii County, it is
the purpose of this article to reduce the use of polystyrene foam food containers and
food service ware, to encourage supermarkets and other vendors to eliminate the
use of polystyrene foam for packaging unprepared food, and thereby promote the
use of environmentally preferable alternatives.
Although foods packaged outside of the limits of Hawai`i County are
excluded from the provisions of this article, the purveyors of foods prepackaged
outside of the limits of Hawai'i County are encouraged to follow these provisions
and thereby support the County's policy goal to eliminate the use of polystyrene
foam disposable food service ware.
9
Through these measures, it is the Council's intent to improve environmental
quality on the island and in the neighboring marine environment. Reduction of the
amount of nondegradable and nonrecyclable waste that enters the waste stream is
consistent with and furthers the goals and policies expressed in this County's
general plan, integrated resource and solid waste management plan, and its adopted
zero waste policy as well as promotes the health, safety, and welfare of the County
and its residents.
Section 20-_. Administration.
The director of the department of environmental management shall administer
this article.
Section 20-_. Definitions.
As used in this article, unless otherwise specified:
"ASTM standard"means the standards of the American Society for Testing
and Materials International Standards D6400 or D6868 for biodegradable and
compostable plastics.
"Biodegradable"means the entire product or package will completely break
down and return to nature, i.e., decompose into elements found in nature within a
reasonably short period of time after customary disposal. It is the ability of organic
matter to break down from a complex to a more simple form.
"County facility" means any building, structure, or vehicle owned and
operated by the County, its agents, agencies, and departments and includes County
buildings, structures, parks, recreation facilities, or property.
"County facility users"means all persons, societies, associations,
organizations, or special event promoters who require a permit to reserve or rent a
County facility or a permit or contract to use a sidewalk or roadway. County
facility users also include concession contracts with the County, County managed
concessions, County sponsored events and food services provided at County
expense.
"Compostable"means all materials in the product or package will break
down, or otherwise become part of usable compost(e.g., soil-conditioning material,
mulch) in an appropriate composting program or facility. Compostable disposable
food service ware includes ASTM-standard bio-plastics (plastic-like)products that
are clearly labeled so that any compost collector and processor can easily
distinguish the ASTM-standard compostable plastic from non-ASTM standard
compostable plastic.
"Customer"means a person obtaining prepared food from a food provider.
10
"Director" means the director of the department of environmental
management or the director's authorized representative.
"Disposable food service ware"means disposable products that are used, or
are intended to be used, to serve or transport prepared, ready-to-consume food or
beverages that are commonly disposed of after a single use. This includes, but is not
limited to, service ware for takeout foods and/or leftovers from partially consumed
meals prepared at restaurants or retail food vendors. "Disposable food service
ware" includes, but is not limited to, a cup, bowl,plate, tray, carton, hinged, lidded,
or clamshell container that is intended for single use. "Disposable food service
ware" excludes straws, cup lids, utensils, and packaging for unprepared food.
"Food packaging"means all food-related wrappings, bags, boxes, containers,
bowls, plates, trays, cartons, cups, lids, straws, or drinking utensils, on which or in
which food is placed or packaged on the retail food establishment's premises, and
which are not intended for reuse. Food packaging does not include forks, knives or
single-service condiment packages.
"Food provider"means any vendor, business, organization, entity, group, or
individual operating in the County which provides prepared food for public
consumption on or off its premises and includes without limitation any store, shop,
sales outlet, restaurant, grocery store, supermarket, delicatessen, caterer, catering
truck or vehicle; and any organization, group or individual which regularly provides
food in conjunction with services.
"Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks,
spoons, knives, napkins, trays, and other items primarily designed for use in
consuming food.
"Food vendor"means any restaurant or retail food establishment.
"Polystyrene foam"means a thermoplastic petrochemical material utilizing
the styrene monomer, which may be marked with resin symbol#6, processed by
any number of techniques including, but not limited to fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and extrusion-
blow molding (extruded foam polystyrene), sometimes referred to as "Styrofoam,"
a Dow Chemical Company trademarked form of polystyrene foam insulation. In
food service, polystyrene foam is generally used to make cups, bowls,plates, trays,
clamshell containers, meat trays and egg cartons intended for a single use.
"Prepared food" means food or beverages, which are served, packaged,
cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared
for consumption by a retail consumer on the premises of a retail food establishment,
including, but not limited to, beverages, ready to eat, and takeout food. "Prepared
food" does not include raw, butchered meats, fish and/or poultry unless provided
for consumption without further food preparation.
11
"Retail food establishment"means any sales outlet, store, shop, vehicle, or
other place of business which sells or conveys foods or beverages to ultimate
consumers,which foods or beverages are contained, wrapped, or held in or one
food packaging. "Retail food establishment" shall include, but not be limited to,
any place where food is prepared, mixed, cooked, baked, smoked, preserved,
bottled,packaged,handled, stored, manufactured, and sold or offered for sale,
including, but not limited to a: restaurant; drive-in; coffee shop; cafeteria; short-
order café; delicatessen; luncheonette; grill; sandwich shop; soda fountain; bed and
breakfast; inn; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out
prepared food place; industrial feeding establishment; catering kitchen; mobile food
preparation unit; commissary; grocery store; public food market; produce stand;
food stand; or any other place in which food and drink or prepared for sale or for
service on the premises or elsewhere; and any other establishment or operation
where food is processed, prepared, served, or provided to or for consumers for
charge.
Section 20-_. Construction and preemption.
Any provision of this article shall be null and void upon the adoption of any
state or federal law or regulation imposing the same, or essentially the same, limits
on the use of prohibited products as set forth in this article. This article is intended
to be a proper exercise of the County's police power, to operate only upon its own
officers, agents, employees and facilities and other persons acting within its
boundaries, and not to regulate inter-county or inter-state commerce. It shall be
construed with that intent.
Division 2. Prohibitions and Requirements.
Section 20-_. Prohibitions.
(a) A food vendor is prohibited from providing prepared food to a customer in
disposable food service ware that uses polystyrene foam on or after July 1,
2018.
(b) Polystyrene foam food containers and polystyrene foam food service ware
shall not be sold or provided by any food vendor in the County on or after
July 1, 2018.
Section 20-_. Required use of recyclable or compostable food service ware.
(a) All food vendors using any disposable food service ware shall use a suitable
recyclable or compostable product.
(b) All County facility users shall use a suitable recyclable or compostable
product for disposable food service ware.
12
Section 20-_. Exemptions.
(a) Foods packaged outside the limits of the County of Hawai'i are exempted
from the provisions of this article.
(b) Coolers and ice chests that are intended for reuse are exempted from the
provisions of this article.
(c) County facility users and food vendors.
(1) In situations where compliance with the terms of this article would result
in undue hardship,the director with the concurrence of a majority vote
of the environmental management commission may exempt a food
vendor or County facility user from the requirements set forth in the
article for a period of time not to exceed ninety days.
(2) Undue hardship includes, but is not limited to, situations unique to the
food vendor or County facility user not generally applicable to other
persons in similar circumstances.
(3) Food vendors and County facility users seeking an exemption from the
requirements of this article shall provide all required information on an
application for exemption, including but not limited to, documentation
supporting the applicant's claim that compliance with this article will
result in undue hardship.
(4) The director may approve an exemption request in whole or in part. The
director's decision shall be forwarded in writing to the environmental
management commission, which shall concur or disagree with the
director's decision.
(5) All exemptions shall be promptly posted on the County website for the
department of environmental management as a notice of temporary
exemption.
(d) Emergency supplies or services procurement. County facility users and food
vendors shall be exempt from the provisions of this article in a situation
deemed by the mayor to be an emergency for the immediate preservation of
the public peace, health, and safety.
Division 3. Enforcement.
Section 20-_. Violations.
(a) If the director determines that a violation of this article has occurred, the
director shall issue a written notice to the food vendor that a violation has
occurred. Subsequent violations of this article by a food vendor shall be
subject to the enforcement and penalties set forth below.
(b) Each and every sale or transfer of disposable food service ware made from
polystyrene foam shall constitute a separate violation of this article.
13
(c) Any violation of this article that occurs after the issuance of a written warning
to a food vendor is subject to civil and administrative enforcement, punishable:
by a civil fine established in this article. Any citation issued for a violation of
this article shall give notice of the right to request an administrative hearing to
challenge the validity of the citation and the time for requesting that hearing
as provided in section 2-204 of this Code.
Section 20-_. Fines.
(a) A fine may be imposed upon findings made by the director that any food
vendor has used polystyrene-based disposable food service ware in violation
of this article.
(b) Amount of fine. Upon findings made under this article, the food vendor shall
be subject to an administrative fine as follows:
(1) A fine not exceeding $100 for a first violation;
(2) A fine not exceeding $200 for a second violation; and
(3) A fine not exceeding $500 for the third and subsequent violations.
(c) Food vendors who violate this article in connection with commercial or non-
commercial special events shall be assessed fines as follows:
(1) A fine not to exceed $200 for an event of one to 200 persons;
(2) A fine not to exceed $400 for an event of 201 to 400 persons;
(3) A fine not to exceed $600 for an event of 401 to 600 persons; and
(4) A fine not to exceed $1,000 for an event of 600 or more persons.
(d) Fine procedures. Notice of the fine shall be served on the food vendor. The
notice shall contain an advisement of the right to request a hearing before the
director contesting the imposition of the.fine. The grounds for the contest
shall be either that(1) the food vendor did not use polystyrene-based
disposable food service ware when providing prepared food, or(2)the food
vendor would have been granted an exemption under this article if the food
vendor had applied for such exemption. Said hearing must be within thirty
days of the date appearing on the notice of the fine. The decision of the
director shall be based upon a finding that one of the above listed grounds for
a contest have been met or not met and shall be a final administrative order,
with no administrative right of appeal.
(e) Failure to pay fine. Fines not paid within thirty days from the date appearing
on the notice of the fine or of the notice of determination of the director after
the hearing, shall be referred to a collection agency.
Section 20-_. Other relief.
(a) The County corporation counsel may seek legal, injunctive, or other equitable
relief to enforce this article.
(b) The remedies provided herein are cumulative and not exclusive.
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(c) All fines and other enforcement actions may be appealed to the circuit court,
provided the appeal is filed within thirty days of issuance of the notice of
determination."
Section 20- . Education.
On or before January 1, 2017, the director shall establish an education program
for businesses, nonprofit organizations, and the general public regarding
compostable alternatives to polystyrene foam disposable food service ware."
SECTION 2. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 3. This ordinance shall take effect on July 1, 2018.
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