[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.