Form revised February 4, 2010

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	CBO Analyst/Phone:
Seattle Public Utilities	Dick Lilly/615-0706	Cameron Keyes/4-8048

Legislation Title:

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.

· Summary of the Legislation:

The legislation clarifies the requirements and responsibilities of food service businesses and landlords of food service businesses and food courts regarding: a) providing appropriate bins (including adequate space to house such bins) for disposing of compostable and recyclable products; and b) collecting and processing these materials. This legislation also authorizes the Director of Seattle Public Utilities (SPU )to delay implementing requirements of Ordinance 122751 regarding use of compostable or recyclable, one-time-use food service ware if he determines comparable alternative products are not available.  The ordinance also clarifies the definition of “Disposable food service ware,” removing the words “plastic” and “plastic-coated paper” since these materials may be recyclable.

· Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

In July 2008, the City Council passed Ordinance 122751which requires food service businesses in the city to replace one-time-use disposable food service ware with compostable or recyclable alternatives by July 1, 2010.  The ordinance did not specify that food service businesses provide for disposal of the new compostable and/or recyclable food service ware in locations where patrons finish their food and beverages on site.  Accordingly, the proposed legislation requires that food service providers place bins for compostable and recyclable food service ware on premises and provide for the collection and appropriate processing of these materials. 

In the process of implementing Ordinance 122751, SPU discovered a number of food service businesses lease space from landlords who provide garbage service but not collection of compostable and recyclable materials.  To fill this gap, the proposed legislation requires landlords to accommodate the needs of food service businesses to have compostable and recyclable materials separately collected for appropriate processing.

SPU also discovered some compostable one-time-use food service ware products do not  meet the performance standards of the non-compostable products they are supposed to replace.  For example, compostable cutlery can lose structural integrity and sag when left in hot foods such as soup.  This ordinance gives the SPU Director authority, based on reasonable performance observations, to delay the requirement for the use of compostable or recyclable one-time-use food service ware for products not meeting industry performance standards.

When fully implemented, Ordinance 122751 will divert 6,000 tons per year of compostable and recyclable material away from the landfill. This is approximately 1.4 percent of the 438,000 tons landfilled in 2006 and set by Resolution 30990, the “Zero Waste” resolution, as the maximum allowed waste disposal from which the City must trim at least 1 percent per year through 2012.

· Please check one of the following:

__X__ This legislation does not have any financial implications.  (Stop here and delete the remainder of this document prior to saving and printing.)