[Ord. No. 2816, Added, 7-16-2019]
For purposes of this article, the following terms are defined
as follows:
COVERED BUSINESS
A business, workplace or organization that cooks, assembles,
processes, serves, or sells food, or does so as a service provider
for other enterprises, and generates more than 250 pounds per week
of food waste.
FOOD WASTE
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.
[Ord. No. 2816, Added, 7-16-2019]
1. Covered
businesses must separate and collect food waste that is controlled
by the business, its agents, and employees. This requirement does
not apply to food wastes controlled by customers or the public. At
its discretion, a covered business may also collect food waste from
customers or the public. 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.
2. Covered
businesses must ensure that food waste collected in compliance with
this article is free of non-food waste 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
and stored that identify the materials that the covered business must
source separate.
5. All
covered businesses must comply with this section by September 30,
2023;
a. Covered
businesses, that are not schools, generating greater than 1,000 pounds
per week must comply with this section by March 31, 2021;
b. Covered
businesses, that are not schools, generating greater than 500 pounds
of food waste per week must comply with this section by September
30, 2022.
6. Persons and entities that own, manage or operate premises with tenants that are covered businesses must allow or facilitate food waste collection service adequate to enable those tenants to comply with the requirements of subsections
(1) through
(5) of this section.
7. A covered business may seek a temporary compliance waiver from the requirements of subsections
(1) through
(5) of this section subject to all of the following conditions:
a. The
temporary compliance waiver will not exceed 12 months;
b. The
business provides access to the City for a site visit to demonstrate
that the covered business cannot comply with this section under criteria
identified in Metro or City Manager administrative rules;
c. The
City Manager approves a temporary compliance waiver under this section;
and
d. The
business authorizes the City to perform periodic site visits to ensure
the conditions allowing a temporary compliance waiver under this section
are still in place and cannot be remedied.
8. The
City Manager may grant a renewal of a temporary compliance waiver.