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County adopts ordinance to ban polystyrene food-service containers, enforcement to be complaint-driven
Summary
York County adopted a local ordinance mirroring state law to ban polystyrene food-service containers, delegating administration to the county administrator, allowing one-year hardship exemptions and using a complaint-driven enforcement model with a $50 per-day civil penalty.
The York County Board of Supervisors voted to adopt a local ordinance implementing a ban on polystyrene (polystyrene) food-service containers that largely mirrors the state statute and delegates administration to the county administrator.
Mister Krieger, describing the ordinance to the board, said the state code phases in a ban and that the county draft mirrors that timeline while adding an exemption process administered locally. "One of the things in the ordinance is you can apply for a financial hardship for one year," Krieger said, and staff will provide outreach and resources to affected small businesses prior to enforcement.
Under the ordinance, enforcement will be complaint-driven rather than proactive inspections. Krieger said civil penalties are set at $50 per day for continued use of polystyrene. He also noted that if a state official initiates enforcement and the matter proceeds to circuit court, any fines would go to the state treasury; county enforcement fines would go to county coffers.
Supervisors asked why the county needs a local ordinance if the state already prohibits the containers; County Attorney Hill said the local code provides the county an established exemption and administrative process and clarifies how complaints will be handled locally.
The board closed the public hearing with no speakers and voted to adopt proposed ordinance 25-28 to implement the new code section.
The ordinance includes a complaint intake mechanism, a one-year hardship exemption that can be granted locally, and a civil-penalty structure. Staff said they plan public outreach to inform food-service establishments ahead of the complete phase-in date in 2026.
