Chapter 5.55
BUSINESS FOOD WASTE REQUIREMENTS
Sections:
5.55.040 Business food waste requirements.
5.55.005 Introduction.
All covered businesses in the city that fall within the Metro District boundary and Clackamas County shall comply as set forth in this chapter and regulations promulgated hereunder. A “business,” for the purposes of this chapter, is a business that cooks, assembles, processes, serves, or sells food or does so as service providers for other enterprises and generates more than 250 pounds per week of food waste.
History: Ord. 1497 §1 (Exh. A), 2019.
5.55.010 Purpose and intent.
The purpose and intent of this chapter is to:
(1) Source separate food waste and prevent that waste from entering the solid waste system; and
(2) Comply with applicable provisions of Metro’s solid waste administrative rules and Clackamas County’s solid waste management ordinances.
History: Ord. 1497 §1 (Exh. A), 2019.
5.55.020 Definitions.
“Business” means organizations that cook, assemble, process, serve or sell food or do so as service providers for other enterprises.
“City staff, or designee” means duly appointed representative of the City of Gladstone.
“Exempt” means liquids or large amounts of oils and meats which are collected for rendering, fuel production or other nondisposal 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.
“Food waste” means waste generated 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, rinds, and peels. Food waste does not include liquids or large amounts of oils and meats which are collected for rendering, fuel production or other nondisposal applications, or any food fit for human consumption that has been set aside, stored properly and is accepted for donation by a charitable organization or any food collected to feed animals in compliance with applicable regulations.
History: Ord. 1497 §1 (Exh. A), 2019.
5.55.030 Applicability.
(1) This chapter applies to all businesses.
(2) Businesses subject to the business food waste requirement include without limitation: cafeterias and buffets, caterers, correctional facilities, food product manufacturing, food service contractors, full service restaurants, grocery retail, grocery wholesale, limited service restaurants, specialty food markets, warehouse clubs, and those businesses with full-service restaurants or on-site food preparation or service, colleges and universities, drinking places, bars, taverns, elementary and secondary schools, hospitals, hotels, nursing and residential care, retirement and assisted living.
(a) Only those with full-service restaurant or on-site food preparation or services are subject to this requirement.
History: Ord. 1497 §1 (Exh. A), 2019.
5.55.040 Business food waste requirements.
(1) 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-waste items. K-12 schools may also include studentgenerated food waste from school cafeteria meals but must ensure that food wastes are free of nonfood items.
(2) Businesses must have correctly labeled and easily identifiable receptacles for internal maintenance or work areas where food waste may be collected, stored, or both.
(3) Businesses must post accurate signs where food waste is collected and stored that identify the materials that the covered business must source separate.
(4) All businesses must comply with this section by September 30, 2023.
(a) Businesses, that are not schools, generating greater than 1,000 pounds/week must comply with this section by March 31, 2021;
(b) Businesses, that are not schools, generating greater than 500 pounds of food waste per week must comply with this section by September 30, 2022.
(5) Persons and entities that own, manage or operate premises with business tenants, that are businesses and that provide garbage collection service to those business tenants, shall provide food waste collection systems adequate to enable those business tenants to comply with the requirements of subsections (1), (2), (3) and (4) of this section.
(6) A business may seek a temporary compliance waiver issued by Clackamas County, subject to the following conditions:
(a) The temporary compliance waiver will not exceed 12 months; and
(b) The business provides access to city staff, or designee, for a site visit to demonstrate that the covered business cannot comply with this section; and
(c) City staff, or designee, approves a temporary compliance waiver under this section; and
(d) City staff, or designee, performs periodic site visits to ensure the conditions allowing a temporary compliance waiver under this section are still in place and cannot be remedied; and
(e) City staff, or designee, may determine a renewal of the temporary compliance waiver is warranted.
(7) A business that does not comply with subsections (1) through (6) of this section:
(a) May receive a written notice of noncompliance from the city, or designee. The notice of noncompliance will:
(A) Describe the violation; and
(B) Provide the business an opportunity, with a deadline, to cure the violation; and
(C) Offer assistance with compliance.
(b) A business failing to cure a violation within the time specified in the notice of noncompliance may receive a written citation that will:
(A) Provide an additional opportunity, with a deadline, to cure the violation;
(B) Notify the business that it may be subject to a fine.
(c) A business that does not cure a violation within the time specified in the citation may be subject to a fine.
History: Ord. 1497 §1 (Exh. A), 2019.