The following are acceptable exemptions and waivers to the prohibited use of polystyrene:

1. (1) Recycling: If a district has developed a method for recycling polystyrene products, then the use is authorized.

2. (2) Previously Purchased Products and Contracts:

   1. (a) If there are polystyrene products remaining in stock that were purchased prior to the 2021-2022 school year, the use is authorized until they are exhausted.
   2. (b) If the district has contracted for the use of polystyrene products prior to the 2021-2022 school year, and cannot substitute polystyrene products for non-polystyrene products, the use is authorized through the end of the contract period.

3. (3) Financial Hardship Waiver Applications:

   1. (a) Upon showing by a school district that the conditions of this rule would cause undue financial hardship, the Department may defer the prohibitions of this rule.
   2. (b) If a school district is approved, the waiver is effective as of the date of application.
   3. (c) School districts must:

   4. (i) Apply for a waiver in the form and manner designated by the Department.

      1. (ii) Include all information necessary for the Department to make its decision, including but not limited to, documentation showing the factual support for the claimed waiver.
      2. (iii) Provide to the Department any additional requested information related to the waiver.
      3. (d) The Department must publish each year:
      4. (i) Instructions for the waiver applications process, and
      5. (ii) A list of school districts approved for waivers.

Statutory/Other Authority

ORS 336.445

Statutes/Other Implemented

ORS 336.445

History

ODE 22-2021, adopt filed 06/22/2021, effective 06/22/2021