Waiver of Polystyrene Prohibition
Proposed Rules: Closed to Comments (View Public Comments Received:4)
Statement of Basis and Purpose
The Commissioner of the New York City Department of Small Business Services (“DSBS”) intends to promulgate rules within Title 66 of the Rules of the City of New York implementing § 16-329 of the New York City Administrative Code.
Local Law 142 (2013), which amended section 16-324 and added section 16-329of the New York City Administrative Code (Ad. Code), establishes a prohibition on the use of polystyrene single service articles and polystyrene loose fill packaging in New York City and establishes violations and penalties for businesses that continue to use these items in contravention of the law. Local Law 142 also provides that any not-for-profit corporation, regardless of its income, and any food service establishment, mobile food commissary, or store that had a gross income under five hundred thousand dollars per location on their annual income tax filing for the most recent tax year and is not part of a chain food service establishment or a chain store may request from the Commissioner of DSBS, in a manner and form established by the DSBS Commissioner, a financial hardship waiver of the requirements of this section. Such waiver request may apply to one or more single service articles possessed, sold, or offered for use by any such not-for-profit corporation, food service establishment, mobile food commissary, or store. The DSBS Commissioner shall, after consultation with the New York City Department of Sanitation (DSNY) Commissioner, grant such waiver if such not-for-profit corporation, food service establishment, mobile food commissary, or store proves: (1) that there is no comparable alternative product not composed of expanded polystyrene that would cost the same as or less than the single service article composed of expanded polystyrene, and (2) that the purchase or use of an alternative product not composed of expanded polystyrene would create an undue financial hardship. Such financial hardship waiver shall be valid for twelve months and shall be renewable upon application to the DSBS Commissioner. A pending application for such financial hardship waiver shall be a defense to any notice of violation issued pursuant to Section 16-329 of the Ad. Code to which such pending application relates and such notice of violation shall be dismissed.
The proposed rules seek to establish the manner and form for the submission of waiver applications.