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HomeMy WebLinkAboutApproved Plastics Waiver - Sandbar MgmtApplication Date:6l'1112026 TOWN OF YARMOUTH HEALTH DEPARTMENT I146 Route 28, South Yarmouth, MA02664 508-398-2231 extension I 240 DISPOSABLE PLASTIC FOODWARE DECISION F'ORM Issuance Date:I e Z Applicant Name:Christina Carey Business/Organ ization: Sandbar IVgmt DBA Sharkbites Cafe Property Address:518 RT28 WAMR REQUEST DECISION (per the Disposable Plastic Foodware Rules and Regulationsfor Food Establishments) MnppnOVED - Waiver is granted. Applicant has demonstrated grounds for a Waiver from these regulations. tr DENIED - Waiver is denied. Applicant has not demonstrated grounds for a Waiver from these regulations. Reason: tr NOT APPLICABLE Conditions of Approval (if applicable)Duration of Waiver (if approved): CXPirzs ral ? rlzot* VARIANCE REQUEST DECISION (per the Disposable Plastic Foodware Rule.s and Regulationsfor Food Establishments) tr APPROVED - Variance is granted. Applicant has demonstrated that the enforcement of these regulations would create an undue hardship and that due diligence has been exercised in seeking compliance with these regulations. tr DENIED - Variance is denied. Applicant has not demonstrated that the enforcement of these regulations would create an undue hardship and/or that due diligence has been exercised in seeking compliance with these regulations. Reason tr NOT APPLICABLE Conditions of Approval (if applicable):Duration of Va riance (if approved): HEALTH AGENT OR DESIGNEE ONLY NOTICE TO APPLICANT: Any Food Establishment or Takeout Food Delivery Service aggrieved by a decision of the Health Agent, or designee, on its request for a variance or waiver, may appeal that decision to the Board of Health within 30 days for a public hearing to amend, overturn, or otherwise modifi the decision. The hearing before the Board of Health shall be a de novo review. Bar@ Printed Name:Title: Assistant Health Director I&nature:Date: I 0-d ( , RECEIVTJN TOWN OFYARMOUTH HEALTH DEPARTMENT JUN 1 1 2026 PLASTIC PRODUCT WAIVER REQUEST FORIIfALTH DEPT. os -"3-jB ,,{ffi$j\.,{fri":i'.i Please complete thefollowingform to request relieffrom the Tbwn of Yarmouth Disposable Plastic Foodware Rules and Regulations. Plasttc materials classified under Resin ldentiJication Code #1, #2, and #5 are subject towaivers. If you dre seeking relieffor plastic products classified under Resin identification Code #3, #4, #6, or #7 you must apply for a Board of Health varionce. BUSINESS INFOR]VIATION BUSINESSNAME Sand bar Ylanral^evTrep* clbq Shqc\(b', tes CaF< BUSINESSADDRESS5 r4 ?ooF< zd CONTACT C PERSON!rrrS*),rln Car<.1 5O8 - 36a - 11o 3PHONE # EMAIL slrark bi+e scq'.!.<od @<,ni,l' co,l PLASTIC PRODUCT DETAILS PRODUCTNAME COST PER LTNIT MONTHLY QUANTITYUSED PLASTIC TYPE (BYNUMBER) ''?)4"b. (rp rzaz. f 1 Gez f z{oz rq @d €/ )fl\as[.. [;/s &, (t,n>1^. C+l lx F I (s, fo o *t /\) tc-l/,4^rzatt5 p.t ,)t.4s - .fa. A+La Lnr.tl A 4 FOR EACH PRODUCTABOVE PLEASE ANSWER THE FOLLOWING QUESTIONS:r WHATIS EACH PRODUCT USED FOR?o W}IY IS THIS PRODUCT ESSENTIAL TO YOUR OPERATIONS?o ARE T}IERE TMALT}VSAFETY REASONS FOR ITS USE? I S.- A**hn.xl A Reason for requesting relief: fl No suitable alternative $Alternative creates undue financial hardship tr Supply chain issues fi nubtic health protection/food safety best practices 2 Sr. A lfqA^r,{f A Reason for requesting relief: E No suitable alternative dAlternative creates undue financial hardship E puUtic health protection/food safety best practices tr Supply chain issues 3. J Sr. /11+4.\a.ryJ A Reason for requesting relief: E No suitable alternative .(Alternative creates undue financial hardship D Public health protection/food safefy best practices n Supply chain issues 4. Reason for requesting relief: n No suitable alternative ! Alternative creates undue financial hardship n Supply chain issues n Public health protection/food safety best practices S-. /1ll+clnu-.rt L A YOUR TAKING S-= A&|n.\rzl-V I A DURATION OF WATVER REQUESTED: (EX.6 MONTHS, I YEAR, SUMMER/SEASONAL) SIGNATURE DATE #l Polyethylene Terephthalate (PET) (waiver) #2 High-Density Polyethylene (HDPE) (waiver) #3 Polyvinyl Chloride (PVC) (NO waiver) #4 Low-Density Polyethylene (LDPE) (NO waiver) #5 Polypropylene (PP) (waiver) #6 Polysfyrene (PS) (prohibited in the Town of Yarmouth already) (NO waiver) #7 Other Plastics, including bioplastics and polycarbonate (NO waiver) ZL Board of Heahh Variance Application can be found on the Town of Yarmouth website under the Health Department. PLEASE LIST ANY ALTERI\ATIVES YOU HAVE TRIED AND WHY THEY ARE NOT FEASIBLE: ATTACHMENT A Request for Waiver to Allow Use of Plastic Cups and Lids in Wicked Waves Waterpark Technical Justification for Use of Plastic Cups and Lids in Waterpark Facilities Waterparks operate under environmental and mechanical conditions that make biodegradable cups and lids unsuitable and potentially hazardous. Biodegradable products-including PLA, PHA, and paper-fiber composites-are not engineered for prolonged exposure to direct sunlight, high deck temperatures, chlorinated water, and continuous moisture. Pool deck surfaces in Massachusetts can exceed 120-140"F on summer days, and under these conditions biodegradable materials soften, warp, delaminate, or fragment. These fragments can easily enter pools due to wind, splash, or guest movement. Once in the water, biodegradable cup or lid fragments pose a direct threat to the safe operation of pool circulatron systems. Commercial pool pumps typically operate with impeller clearances of 0.5-1,0 mm, and even small fibrous or softened fragments can obstruct impeller vanes, reduce flow rates, or cause cavitation. Cavitation can lead to pump overheating, seal failure, and premature motor wear, requiring shutdowns and emergency maintenance. Filtration systems-including cartridge filters (10-20 micron rating) and sand filters (2(F40 micron rating)-are highly susceptible to clogging from biodegradable fibers, which do not break down uniformly in chlorinated water. Accumulation of these materials in skimmer baskets, vacuum ports, gutter grates, and surge tanks increases maintenance frequency and can compromise water clarity and turnover rates. These risks directly affect compiiance with Massachusetts Department of Public Health 105 CMR 435.00, which requires that public pools maintain proper circulation, filtration, and water clarity at alltimes. Any obstruction that reduces turnover rate or impairs filtration can place a facility out of compliance, requiring closure until corrected. Additionally, NSPF/CPO (Certified Pool Operator) standards emphasize the importance of preventing foreign materials from entering circulation systems, as debris can impair disinfection, filtration efficiency, and mechanical reliability. Biodegradable cups and lids also require controlled industrial composting conditions-typ ica lly around 58'C (135'F) with stable humidity-to maintain structural integrity and break down properly. These conditions are not present in outdoor waterpark environments, where UV exposure and intermittent wetting accelerate premature degradation. As a result, biodegradable cups and lid s are more likely to break apart during normal guest use, increasing the risk of debris entering the pool system. By contrast, rigid plastic cups and lids maintain structural integrity under heat, UV exposure, and moisture. They are far less likely to fragment or enter the water, thereby reducing the risk of pump obstruction, filter clog8inB, and non-compliance with circulation and clarity requirements For these reasons, plastic cups and lids represent the safest, most mechanically compatible, and operationally reliable option for use in a waterpark setting, ensuring continuous compliance with public bathing facility standards and minimizing avoidable maintenance disruptions. Financial Hardship Associated with Biodegradable Cups and Lids Request to Use Existing lnventory lf you are unable to grant a full waiver allowing continued use of plastic cups and lids, the we respectfully request permission to exhaust or existing inventory of plastic cups and lids before transitioning to any alternative material. The facility currently maintains a substantial stock of these items purchased last sum mer for the 2026 operating season, and immediate disposal of this inventory would create unnecessary financialwaste and environmental impact. Allowing the use of existing stock would prevent the premature disposal of thousands of unused cups and lids, avoid a sudden and unbudgeted expense for replacement materials, and ensure a smooth operational transition without disrupting guest service or supply chain planning. This approach provides a reasonable, temporary accommodation that minimizes financial hardship while maintaining compliance with the intent of the regulation. Transition Commitment for All Other Service ltems The facility also wishes to clarify that we are seeking a waiver only for the continued use of plastic cups and lids due to the unique operational and safety concerns previously outlined. We are not requesting a waiver for any other single-use plastic service items. We have already committed to transitioning our existing inventory of plastic straws, clear plastic 8x8 salad containers, clear plastic 3x4 hinged containers, plastic 6x6 dessert containers, plastic 2-oz Requiring the use of biodegradable cups and lids would also impose a substantial financial hardship due to both material cost increases and secondary operational expenses. Biodegradable cups and lids will increase material costs in the approximate amount of 521,000.00 over a 3 month period. ln addition, the premature breakdown of biodegradable cups and lids leads to increased debris entering pool areas, resulting in higher labor costs, more frequent filter backwashing, accelerated pump wear, and the need for additional replacement cartridges and sand-filter media. These maintenance impacts directly increase operational costs and can shorten the lifespan of circulation equipment. We serve more than one-hundred thousand guests per yeaL these combined expenses represent a significant and ongoing financial burden that exceeds the cost of using structurally stable plastic cups and lids. Allowing the continued use of plastic cups and lids is therefore essentialto maintaining both operational safety and fin anciai viability. portion cups for sauces, and individually wrapped plastic cutlery kits to compostable alternatives. We will proceed with this transition regardless of the outcome of the cu p-a nd-lid-specific waiver request. N otwithsta n ding, we respectfully request permission to use our current inventory of these items for the next 30 to 45 days solely to avoid unnecessary waste and financial loss, after which we will fully convert to compliant compostable products. This limited transition period ensures responsible use of existing supplies while maintaining our commitment to environmental compliance.