(A) Applicability. This section applies to all covered businesses.
(B) Covered businesses.
(1) A COVERED BUSINESS is a business that cooks, assembles, processes, serves, or sells food or does so as service providers for other enterprises.
(2) Covered businesses subject to the business food waste requirement include but are not limited to:
Cafeterias and buffets | Grocery retail |
Caterers | Grocery wholesale |
Colleges and universities* | Hospitals* |
Correctional facilities | Hotels* |
Drinking places* | Limited service restaurants |
Elementary and secondary schools* | Nursing and residential care* |
Food product manufacturing | Retirement and assisted living* |
Food service contractors | Specialty food markets |
Full service restaurants | Warehouse clubs |
* Only those with full-service restaurants or on-site food preparation or service are subject to this requirement.
(C) Business food waste requirement.
(1) Covered businesses must separate food waste from all other solid waste for collection. FOOD WASTE means solid waste from fruits, vegetables, meats, dairy products, fish, shellfish, nuts, seeds, grains, coffee grounds, and other food that results from the distribution, storage, preparation, cooking, handling, selling or serving of food for human consumption. FOOD WASTE includes but is not limited to excess, spoiled or unusable food and includes inedible parts commonly associated with food preparation such as pits, shells, bones, and peels. FOOD WASTE does not include liquids or large
amounts of oils and meats which are collected for rendering, fuel production or other non-disposal applications, or any food fit for human consumption that has been set aside, stored properly and is accepted for donation by a charitable organization and any food collected to feed animals in compliance with applicable regulations.
(2) Covered businesses must collect food waste that is controlled by the business, agents, and employees. This requirement does not apply to food wastes controlled by customers or the public. At its discretion, a business may also collect food waste from customers or the public but must ensure that food wastes are free of non-food items. K-12 schools may also include student-generated food waste from school cafeteria meals but must ensure that food wastes are free of non-food items.
(3) Covered businesses must have correctly-labeled and easily-identifiable receptacles for internal maintenance or work areas where food waste may be collected, stored, or both.
(4) Covered businesses must post accurate signs where food waste is collected, stored, or both that identify the materials that the covered business must source separate.
(5) Owners or managers of single or multi-tenant buildings containing covered businesses must allow or otherwise enable the provision of food waste collection service to lessees or occupants subject to the business food waste requirement.
(D) Compliance timeline. Covered businesses must comply with the food waste requirement as determined by the quantity of food waste they generate per week, on average. Implementation will begin with Business Group 1 and progress to the other groups according to the dates noted below. Covered businesses that demonstrate they generate less than 250 pounds per week of food waste are not subject to this requirement.
(1) Business Group 1
March 31, 2020 - March 31, 2021
> 0.5 ton (1,000 pounds) per week food waste generated
(2) Business Group 2
March 31, 2021 - Sept. 30, 2022
> 0.25 ton (500 pounds) per week food waste generated
(3) Business Group 3
Sept. 30, 2022 - Sept. 30, 2023
> 0.125 ton (250 pounds) per week food waste generated and elementary and secondary schools
(E) Temporary compliance waivers to covered businesses. A covered business may seek a temporary (12-month) waiver from the business food waste requirement by providing access to a recycling specialist for a site visit and demonstrating that the covered business cannot comply with the business food waste requirement. Businesses must agree to periodic waiver verification site visits to determine if conditions that warrant the waiver are still in place and cannot be remedied in accordance with waiver criteria.
(F) Enforcement of the business food waste requirement.
(1) A covered business that does not comply with the business food waste requirement may receive a written notice of noncompliance. The notice shall describe:
(a) The violation;
(b) Provide the covered business an opportunity to cure the violation within the time specified in the notice; and
(c) An offer of assistance with compliance.
(2) A covered business that does not cure a violation within the time specified in the notice of noncompliance may receive a written citation. The citation will provide an additional opportunity to cure the violation within the time specified in the citation and will notify the covered business that it may be subject to a fine.
(3) A covered business that does not cure a violation within the time specified in the citation may be subject to a fine. The general penalty of violation is punishable under the provisions of § 10.99.
(Ord. 2019-09, passed 9-9-2019) Penalty, see § 10.99