AN ORDINANCE relating to the City of Seattle's solid waste system, providing for the collection of compostable and recyclable food service ware from certain food service businesses, and amending Section 21.36.086 of the Seattle Municipal Code.

WHEREAS, the Washington State Legislature in RCW 70.95.010(8)(a) established waste reduction as the first priority for the collection, handling, and management of solid waste; and

WHEREAS, the Washington State Legislature in RCW 70.95.010(6)(c) found it is the responsibility of city governments "to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies"; and

WHEREAS, the City Council in 2007 adopted, the Mayor concurring, Resolution 30990, which reaffirmed the City's 60% recycling goal and set a longer-term goal of 70% recycling along with targets for waste reduction; and

WHEREAS, Resolution 30990 called for studies on how to reduce Seattleites' use of hard-to-recycle materials, many of them plastics, and specifically required Seattle Public Utilities ("SPU") to propose strategies, including bans, to discourage the use and landfilling of disposable food service containers and food service ware; and

WHEREAS, SPU has completed those studies, finding that the production, use and disposal of expanded polystyrene food service products and disposable food service ware have significant adverse impacts on the environment and that compostable or recyclable alternative products are available; and

WHEREAS, costs associated with the use and disposal of one-time-use food service ware in Seattle creates burdens on the City's solid waste disposal system; and

WHEREAS, to discourage and decrease the use of certain disposable food service ware in the city, the City enacted Ordinance 122751, amending Chapter 21.36 of the Seattle Municipal Code, to prohibit food service businesses from selling or providing food in or with one-time-use disposable food service ware; and

WHEREAS, to divert from landfill and further promote the efficient collection and processing of compostable and recyclable food service ware, the City intends to adopt requirements for such collection and processing; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 21.36.086 of the Seattle Municipal Code is amended as follows:

21.36.086 Compostable or recyclable food service ware required

A. Effective July 1, 2010, food service businesses shall be prohibited from selling or providing food, for consumption on or off the premises, in or with disposable plastic food service ware. Acceptable alternatives for prohibited disposable plastic food service ware shall be compostable or recyclable.

B. Food service businesses providing food for consumption on premises using compostable or recyclable food service ware must provide conveniently located and clearly marked containers where customers may discard compostable and recyclable food service ware and must provide for the collection and delivery of these materials to appropriate processing facilities.

C. On such commercially reasonable terms as determined by the landlord, landlords of food service businesses subject to the requirements of this section shall make adequate space and/or services available to such food service businesses for the collection and pick up of the compostable and recyclable materials generated by such food service businesses.

D. Landlords operating food courts or similar settings that include food service businesses and common areas set aside and maintained for the consumption of food and beverages shall provide in such common areas the services required in subsection B of this section.

E. The Director is authorized to promulgate rules, in accordance with the provisions of the Administrative Code, SMC Chapter 3.02, for purposes of interpreting and clarifying the requirements of this section. Such rules may provide temporary waivers or other relief that apply to use of certain food service ware products for an initial period of up to one year from July 1, 2010, with the option for an up to one year extension to expire no later than June 30, 2012. Such waivers or relief shall be granted only for circumstances where commonly used recycling and composting technology cannot process the food service ware, or where suitable alternative products that meet performance and food health and safety standards are unavailable.

F B. For purposes of this section, the following definitions shall apply.

1. "Compostable" means made solely of organic substances that break down into a stable product due to the action of bacteria in a controlled, aerobic commercial process that results in a material safe and desirable as a soil amendment meeting the compost quality standards found under WAC 173-350-220 for metals, physical parameters, pathogens, manufactured inert material and other testing parameters set by the local Health Department and has been found to degrade satisfactorily at the composting facility receiving the material.

2. "Disposable plasticfood service ware" means noncompostable and non-recyclable containers, plates, "clamshells," serving trays, meat and vegetable trays, hot and cold beverage cups, wrappers, and utensils that are made of plastic or plastic-coated paper and intended only for one-time use, (including socalled biodegradable products where any portion is not compostable).

3. "Food service businesses" means full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, business or institutional cafeterias, and other businesses, selling or providing food within the City of Seattle for consumption on or off the premises.

4. "Recyclable" means made solely of materials that are capable of being separated from a waste stream by a food service business and made available for collection and delivery to a processor for reuse or remanufacture into the same or other products.

5. "Consumed on premises" means consumption of food or beverages in the public areas of a food service business, common areas of a food court, outside seating areas and parking lots exclusively for customers of the food service business, rather than taken out for consumption elsewhere.

6. "Food court" means an area of a retail mall, office building, sports facility or other premises where one or more food service businesses are located and customer seating for dining and consumption of beverages is provided in a common area.

Section 2. This ordinance shall take effect and be in force 30 days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2010, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2010.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2010.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2010.

____________________________________

City Clerk

(Seal)

Dick Lilly/mm

SPU Compostable Food Service Ware ORD

April 27, 2010

Version #5