[Adopted 12-18-2019 by L.L. No. 1-2020]
This article shall be known by and may be cited as "Food Waste
Prevention and Recovery Act."
[Amended 6-16-2020 by L.L. No. 4-2020]
A.
The County of Ulster is dedicated to conserving resources and reducing
greenhouse gas (GHG) emissions, waste, litter, and pollution.
B.
The Ulster County Legislature has actively been considering and implementing
laws aimed at sustainability and protecting our environment. In 2015,
Ulster County established a sustainable green fleet policy to reduce
emissions, decrease costs, and increase efficiency. Also in 2015,
the County began regulating the use of polystyrene foam disposable
food service ware by food service establishments in the County. On
July 15, 2019, Ulster County will begin regulating the use of single
use plastic carryout bags, another measure aimed at reducing the amount
of plastic that can end up in our environment through litter, windblown
debris, and overflowing trash cans. Under current consideration in
the Ulster County Legislature is a law requiring restaurants and fast
food service establishments provide plastic beverage straws solely
upon request.
C.
Ulster County was one of the first counties in New York State to
receive Climate Smart certification, and continues making it a priority
to increase awareness and provide education regarding environmental
health.
D.
Food waste is a matter intrinsically linked with the growing challenges
of food security, resource and environmental sustainability, and climate
change. According to the U.S. Environmental Protection Agency, food
scraps and yard waste together currently make up about 30% of what
we throw away. The proposed composting law requires regulated entities
to prioritize their diversion practices based on a clearly delineated
hierarchy. A significant amount of waste in our landfills should have
been composted, leaving critical landfill space open for material
that cannot be recycled or composted. Benefits to the County of composting
include creation of nutrient-rich soil for agriculture and landscaping
uses, increased tilth and the ability of soil to retain water and
to store greenhouse gases, and reduced erosion.
E.
The Ulster County Legislature believes that banning disposal of food
by large food waste generators aligns with Ulster County's sustainability
initiatives and vision. Diverting food waste from disposal to programs
for the purpose of providing nourishment to the food insecure, programs
to supplement local farms with animal feed, composting to improve
soil quality, and/or conversion to energy is key to a sustainable
Ulster County by improving local health, and the County's environment,
and further reduction of its carbon footprint. It will also reduce
the waste stream the Ulster County Resource Recovery Agency is responsible
for disposing of.
F.
This article, commencing January 1, 2021, requires large food waste
generators to separate such waste from the general waste stream and
then either arrange for its reuse by the food insecure or for animal
feed, to it on site, or to arrange for licensed services for the purpose
of delivering it to a processing facility for composting or anaerobic
digestion. This article will remove food waste generated on an annual
basis from the waste stream incrementally from generators by January
1, 2024.
[Amended 6-15-2021 by L.L. No. 4-2021; 12-21-2021 by L.L. No. 1-2022]
G.
The Ulster County Legislature has determined that Ulster County should
increase food scrap recycling beyond the basic requirements in New
York State's Food Donation and Food Scraps Recycling statute. This
article expands food scrap recycling requirements by regulating generators
of smaller amounts of waste, by including schools and hospitals, and
through other extensions beyond state law. The Legislature finds that
Ulster County has a robust network of facilities ready to accept food
scraps for the above-mentioned purposes, and that maximizing the removal
of food from the waste stream is essential to reducing the overall
volume of waste in the County.
H.
The Ulster County Legislature believes education is a fundamental
component of this legislation. This article will require the County
to identify and recommend actions to address challenges, to encourage
the continued viability of the County's organic waste processing and
recycling infrastructure, and to foster partnerships with local municipalities,
stakeholders, the Ulster County Resource Recovery Agency and other
specified state and regional agencies. This article also would allow
the County to cooperate with local jurisdictions and organizations
to provide assistance for increasing the feasibility of food waste
recycling and to identify certain financing mechanisms and state funding
incentives.
I.
The additional purpose of this legislation is to implement the food
recovery hierarchy in Ulster County as set forth in U.S. Environmental
Protection Agency guidance and state legislation. While this article
shall apply to large food waste generators, residential and small-quantity
food waste generators are encouraged to reduce food waste and compost
organic waste.
J.
This article applies within the boundaries of Ulster County, NY,
to all food waste generators. This article is not intended to regulate
large food waste generators otherwise regulated under New York State's
Food Donation and Food Scraps Recycling Act, ECL Art. 27, Tit. 22,
and specifically exempts such large food waste generators from the
requirements hereunder. The Ulster County Legislature intends this
article to supplement the benefits of New York State's Food Donation
and Food Scraps Recycling Act rather than supersede or establish duplicative
regulation with such state law.
The following hierarchy represents Ulster County's policy for prioritizing the reduction, reuse and recycling of food scraps. The hierarchy shall be a basis for the County's education and outreach programs, and all food scraps generators are encouraged to manage food scraps accordingly. Regulated large food scraps generators shall be required to implement the reuse and recycling tiers of the hierarchy, pursuant to the procedures specified in §§ 304-50 and 304-51.
A.
The first tier of the hierarchy is source reduction, reducing the
volume of surplus food generated. Food scraps generators may follow
federal, state or county guidelines or use other methods to reduce
spoilage, monitor waste and make other adjustments to reduce food
waste and save money.
B.
The second tier is recovery, feeding wholesome food to hungry people. Facilities with excess edible food should distribute excess foods for the purpose of providing nourishment to the food insecure through the local network of pantries and soup kitchens and other food-reuse programs in accordance with New York State Sanitary Code Part 14 and Ulster County Sanitary Code Article II. Donations of food are covered under the Bill Emerson Good Samaritan Act of 1996, 42 U.S.C. § 1791.
C.
Third is repurposing, feeding animals. Federal, state and municipal
governments and entities regulate the use of food scraps in animal
feed by setting requirements which govern the type of animals that
may be fed food scraps and the kind of food scraps that may be fed
to animals. When done responsibly and in conformity with applicable
regulations, feeding food scraps to animals has many economic and
environmental benefits.
D.
Fourth is recycling, processing any leftover food such as by composting
or anaerobic digestion to create a nutrient-rich soil amendment. The
material that is left over from anaerobic digestion must be either
composted or land applied. For the purpose of this law, pulverizers
and other sink disposal systems are not acceptable alternatives for
composting.
This article is adopted pursuant to Section 120-aa of the General
Municipal Law and Section 10 of the Municipal Home Rule Law.
As used in this article, the following terms shall have the
meanings indicated:
Involving the presence of oxygen.
The Ulster County Resource Recovery Agency.
Relating to, involving, or requiring an absence of free oxygen.
Material, of an animal or vegetable origin, prepared as feed
for domestic or farm animals.
The intermixing of noncompostable material into food waste,
so as to render such food waste impossible to compost or to otherwise
undermine the composting process.
Treatment with heat, enzymes, or a solvent in order to promote
decomposition or extract essential components.
Inedible food, trimmings from the preparation of food, food-soiled
paper, and edible food that is not donated. Food scraps shall not
include used cooking oil, yellow grease or food from residential sources,
or any food identified in regulations promulgated by the department
in consultation with the department of agriculture and markets or
any food which is subject to a recall or seizure due to the presence
of pathogens, including but not limited to: listeria monocytogenes,
confirmed clostridium botulinum, e. coli and all salmonella in ready-to-eat
foods.
A facility where waste is intentionally placed and intended
to remain and which is designed, constructed, operated and closed
to minimize adverse environmental impacts.
A person, business, entity or institution that generates
at a single location an annual average of 1/2 ton per week or more
of food scraps based on a methodology developed by Ulster County.
Large food scraps generators may include but are not limited to, supermarkets,
food service businesses, hotels, correctional facilities, sports or
entertainment venues, hospitals, nursing homes, schools and universities,
caterers and food preparation and processing businesses. For a location
with multiple independent food service businesses, such as a mall
or college campus, the entity responsible for contracting for solid
waste hauling services is responsible for managing food scraps from
the independent businesses.
A facility, permitted by the New York State Department of
Environmental Conservation, that recycles food scraps through use
as animal feed or a feed ingredient, rendering, land application,
composting, aerobic digestion, anaerobic digestion, fermentation,
or ethanol or biogas production. Animal scraps, food soiled paper,
and post-consumer food scraps are prohibited for use as animal feed
or as a feed ingredient. The proportion of the product created from
food scraps by a composting or digestion facility, including a wastewater
treatment plant that operates a digestion facility, or other treatment
system, must be used in a beneficial manner as a soil amendment and
shall not be disposed of or incinerated.
Food that has been served pursuant to its intended final
consumer use.
Contiguous property under common ownership, which may include
one or more buildings.
Any person or entity licensed by the New York State Department
of Transportation and/or the Department of Health to engage in the
business or activity of collecting, storing, and transporting organic
waste.
Any insect, arthropod, rodent, or other animal capable of
transmitting the causative agents of human disease, or disrupting
the normal enjoyment of life by adversely affecting the public health
and well-being.
[Amended 6-16-2020 by L.L. No. 4-2020; 6-15-2021 by L.L. No. 4-2021]
Large food scraps generators shall be subject to the requirements of § 304-51 as of the following dates:
A.
Beginning January 1, 2021, a large food scraps generator whose acts
or processes produce more than two tons per week of food scraps;
B.
Beginning January 1, 2022, a large food scraps generator whose acts
or processes produce more than one ton per week of food scraps;
C.
Beginning January 1, 2023, a large food scraps generator whose acts
or processes produce more than 0.75 ton per week of food scraps; and
D.
Beginning January 1, 2024, a large food scraps generator whose acts
or processes produce more than 0.5 ton per week of food scraps.
[Amended 6-15-2021 by L.L. No. 4-2021; 12-21-2021 by L.L. No. 1-2022]
A.
A large food scraps generator shall separate excess edible food for
donation for human consumption to the maximum extent practicable,
and in accordance with applicable laws, rules and regulations related
to food donation.
B.
A large food scraps generator shall manage food scraps that cannot
be donated for human consumption as follows:
(1)
Separate its remaining food scraps from other solid waste;
(2)
Ensure proper storage for food scraps on site which shall preclude
such materials from becoming odorous or attracting vectors, such as
a container that has a lid and a latch that keeps the lid closed and
is resistant to tampering by rodents or other wildlife and has sufficient
capacity;
(3)
Have information available and provide training for employees concerning
the proper methods to separate and store food scraps;
(4)
Divert food scraps for consumption by animals, to the maximum extent
practicable; and
(5)
For food scraps that cannot be used as animal feed, either:
(a)
Obtain a transporter that will deliver food scraps to an organics
recycler;
(b)
Self-haul its food scraps to an organics recycler; or
(c)
Provide for organics recycling on-site via in vessel composting,
aerobic or anaerobic digestion or any other method of processing organic
waste approved by the New York State Department of Environmental Conservation,
for some or all of the food waste it generates on its premises, provided
that the remainder is delivered to an organics recycler.
C.
If transported, food scraps must be sent to a New York State permitted
or registered organics recycler. If the food scraps are transported
to an organics recycler outside Ulster County, the large food scraps
generator shall inform Ulster County of the destination.
D.
Large food scraps generators shall report the amount of food waste
they cause to be reused, composted or otherwise beneficially repurposed
under this section, and other relevant information specified by Ulster
County, on an annual basis, by February 1 of the following year, to
Ulster County and the Agency in a form prescribed by the County.
E.
Waivers.
(2)
A large food scraps generator must demonstrate both of the following
to qualify for a "financial hardship" exemption:
(3)
Ulster County may grant a limited waiver of the requirements of Subsection B with respect to food scraps if the County determines that a facility is not reasonably able to separate food scraps without contamination.
(4)
Any waiver granted hereunder shall be for a maximum period of one
year and shall include a requirement that the large food scraps generator
participate in an education program designed to achieve compliance
with this section.
[Amended 6-16-2020 by L.L. No. 4-2020]
A.
Ulster County or the Agency pursuant to an agreement with the County
shall provide educational resources, including periodic guidance,
training, updates, signage, and flyers, for any existing food scraps
generator for the purposes of teaching and retaining effective procedures
for sorting materials for organics. The County may enter into an agreement
with the Agency to provide any portion of the training pursuant to
this section.
B.
The County or Agency shall promote best practices for covered large
food scraps generators to comply with the requirements of this article,
and for all entities and the public to manage excess food, food scraps,
and organic waste in a similar manner.
C.
The County or Agency may collect and report information to promote
improved management of excess food, food scraps and organic waste,
including information on practices by covered large food waste generators,
other entities and the public, or lists of entities and resources
providing assistance for reducing such materials, facilities accepting
such materials, or financing mechanisms and incentives available for
recovery.
Based on the information received from the annual reports, Ulster County and the Recycling Oversight Committee shall, on an annual basis until 2025, consider the prior year's experience under the law, and in particular the effectiveness and costs of the implementation of the requirements of § 304-51, and make a recommendation to the Legislature on whether this law should be modified. At their discretion, these agencies may also consider the statewide experience in implementing New York State's Food Donation and Food Scraps Recycling Act, ECL Art. 27, Tit. 22, and any regulations promulgated by the Department of Environmental Conservation thereunder.
[Amended 6-16-2020 by L.L. No. 4-2020; 6-15-2021 by L.L. No. 4-2021]
Ulster County, through a department or departments designated
by the County Executive, or the Agency pursuant to an agreement with
the County, shall be responsible for the implementation and enforcement
of the requirements of this article. The Director of the Agency or
the head of the County department(s) designated by the County Executive
pursuant to this section is authorized to promulgate rules and regulations
and to take any other action reasonable and necessary to implement
and enforce this article, including, but not limited to, investigating
violations, issuing fines and entering the premises of any large waste
food generator during business hours. A copy of the rules and regulations
will be provided to the Clerk of the Legislature before they are publicly
disseminated.
A.
If it is determined that a large food scraps generator has failed
to comply with any requirement of this article, a written warning
notice will be issued to the operator of the large food scraps generator
including the potential penalties that will apply for future violations.
The County may provide educational services to assist in compliance
with the requirements of this article.
B.
Any large food scraps generator that violates or fails to comply
with any of the requirements of this article after a written warning
notice has been issued for that violation shall be guilty of a violation.
C.
If a large food scraps generator has subsequent violations of this
article that are similar in kind to the violation addressed in a written
warning notice, the following penalties will be imposed and shall
be payable by the operator of the large food waste generator:
(1)
A fine not exceeding $100 for the first violation after the written
warning notice is given;
(2)
A fine not exceeding $250 for the second violation after the written
warning notice is given; or
(3)
A fine not exceeding $500 for the third and any subsequent violations
after the written warning notice is given.
D.
A fine shall be imposed for each day a violation occurs or is allowed
to continue.
E.
All fines collected pursuant to this article shall be used to assist
the County with its costs of implementing and enforcing the requirements
of this article and/or for public education and outreach.
Any person, business, entity or institution at any time, including after receipt of a warning notice pursuant to § 304-55, may submit a waste audit to Ulster County indicating that the amount of food scraps that it generates is not sufficient to subject it to the requirements of § 304-51. Ulster County shall publish guidance on the information required to be included in such waste audits. Submittal of such waste audit to Ulster County under this section shall suspend the application of this article to such person, business, entity or institution pending the County's evaluation of such information and transmittal of a written finding and response.
