Chapter 5.60
BUSINESS FOOD WASTE REQUIREMENT
Sections:
5.60.030 Covered business applicability.
5.60.040 Business owner requirements.
5.60.050 Compliance timeline and temporary compliance waivers.
5.60.010 Title and intent.
This chapter shall be known, pleaded, and cited as the “Cornelius Business Food Waste Requirement Code,” and referred to herein as “this code.” This business food waste requirement provides an opportunity to increase recycling of food waste and to assist the Metro region to achieve waste reduction goals. Metro does not intend for this requirement to apply to food that is fit for human consumption and accepted for donation by a charitable organization or the use of food waste for animal consumption in compliance with applicable regulations. [Ord. 2019-08 § 1, 2019.]
5.60.020 Definitions.
(A) “City” means the city of Cornelius, Oregon.
(B) “Covered business” means a business that cooks, assembles, processes, serves, or sells food or does so as service providers for other enterprises.
(C) “Food waste” means 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.
(1) 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.
(2) 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, sorted properly and is accepted for donation by a charitable organization and any food collected to feed animals in compliance with applicable regulations. [Ord. 2019-08 § 1, 2019.]
5.60.030 Covered business applicability.
(A) Except as limited in subsection (B) of this section, all covered businesses must comply with the provisions of this chapter. Covered businesses subject to this chapter include but are not limited to:
(1) Cafeterias and buffets;
(2) Caterers;
(3) Correctional facilities;
(4) Food service contractors;
(5) Full service restaurants;
(6) Grocery retail;
(7) Grocery wholesale;
(8) Limited service restaurants;
(9) Specialty food markets; and
(10) Warehouse clubs.
(B) The following covered businesses must comply with the provisions of this chapter only if they have full-service restaurants or on-site food preparation or service:
(1) Colleges and universities;
(2) Drinking places;
(3) Elementary and secondary schools;
(4) Hospitals;
(5) Hotels;
(6) Nursing and residential care; and
(7) Retirement and assisted living. [Ord. 2019-08 § 1, 2019.]
5.60.040 Business owner requirements.
(A) A covered business must comply with the following minimum requirements for business food waste:
(1) Separate food waste from all other solid waste for collection.
(2) Collect food waste that is controlled by the business, agents and employees.
(a) This requirement does not apply to food wastes controlled by customers or the public.
(b) A covered business may, at its discretion, also collect food waste from customers or the public but must ensure that food wastes are free of non-food items.
(c) Elementary and secondary 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) Have correctly labeled and easily identifiable receptacles for internal maintenance or work areas where food waste may be collected, stored, or both.
(4) Post accurate signs where food waste is collected, stored, or both that identify the materials that the covered business must source separate.
(B) In addition to the minimum requirements in subsection (A) of this section, owners or managers of single- or multi-tenant buildings containing covered businesses must allow or otherwise enable the provision of the food waste collection service to lessees or occupants subject to the business food waste requirement. [Ord. 2019-08 § 1, 2019.]
5.60.050 Compliance timeline and temporary compliance waivers.
(A) Covered businesses must comply with the food waste requirements 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.
|
Business Group 1 March 31, 2020 – March 31, 2021 |
Business Group 2 March 31, 2021 – Sept. 30, 2022 |
Business Group 3 Sept. 30, 2022 – Sept. 30, 2023 |
|
≥0.5 ton (1,000 pounds) per week food waste generated |
≥0.25 ton (500 pounds) per week food waste generated |
≥0.125 ton (250 pounds) per week food waste generated |
(B) 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. [Ord. 2019-08 § 1, 2019.]
5.60.060 Enforcement.
(A) A covered business that does not comply with the business food waste requirement may receive a written notice of noncompliance. The notice of noncompliance will describe the violation, provide the covered business an opportunity to cure the violation within the time specified in the notice, and offer assistance with compliance.
(B) A covered business that does not cure a violation within the time specified in the notice of noncompliance may receive a written citation in accordance with Chapters 1.10 through 1.25 CMC.
(C) A violation of these business food waste requirements is punishable upon conviction by a fine of not more than $1,000. Each and every day during which any provision of these business food waste requirements are violated shall constitute a separate offense. In addition to the foregoing, the city may, with the approval of the city manager, maintain an action in a court of competent jurisdiction to compel compliance with or restrain the violation of the provisions of the recycling regulation. In such an event, the city shall be entitled to the award of its reasonable attorneys’ fees.
(D) The procedures in Chapters 1.10 through 1.25 CMC apply to the prosecution of any violation of this chapter. [Ord. 2019-08 § 1, 2019.]