David Goldstein
Phil White, who lives and works in Ventura County’s Climate Emergency Council, recently discovered that he had ordered too much food. He didn’t intend to return home directly after eating so he kept the food in a doggie bag.
He asked restaurant staff whether they had a separate container for food waste recycling. But he was surprised to learn that the restaurant throws away food and all other waste into a garbage-bound dumpster. Mr. White wanted to be fully involved in the two-month-old statewide campaign to reduce climate-changing methane gases by preventing food from rotting.
This level of commitment to recycling is not something that can be expected from many people. He emailed me asking whether restaurants, just like homeowners, are required by new state mandates for food scraps recycling. He also wanted to know if the agricultural industry had to follow food recycling regulations. Requirements for recycling only on single-family homes would result in a lot of organic waste still going to landfills and methane being generated.
Senate Bill 1383 (2016) also applies to restaurants and other commercial generators, such as apartments of five units or more. As for the residential sector, the statewide rules regarding business waste collection accounts became effective January 1st 2016. The current state and local programs for commercial recycled materials are focused on education. Penalties for non-compliance could begin in 2024. Many businesses may be able get local exemptions to new recycling obligations.
Businesses can be granted exemptions by cities and counties (for businesses that are not located within city limits). Businesses that produce organics below certain thresholds are eligible for a de minimis exemption. Another exemption is for a lack of space to place recycling containers.
Ventura County sent notices about organics recycling requirements out to the 2,019 owners of business licenses in non-commercialized areas. 37 waivers have been granted as of last week. Jill Sarick–Santos is the recycling manager for Oxnard. She says that Oxnard sent notices regarding SB 1383 requirements to nearly 4,000 city-wide business license holders. Home-based businesses can follow the rules by using residential recycling bins. Sarick-Santos predicts after weeding out home businesses and others not subject, that the list of 2,200 businesses will need organics recycling waivers or waivers will decrease to around 2,200. She predicts that almost half of those businesses will qualify for waivers, based on low generation rates and lack of space. The number of tenants sharing refuse service makes it more difficult in Oxnard as well as other large cities. Each business must meet the mandates.
Businesses can apply for the de minimis waiver if their waste is less than 2 cubic yards per week or organics are less that 10 gallons per work week. Businesses that generate more waste than two cubic yards per semaine may also be eligible, provided that organics generated on the site are not greater than 20 gallons per weekly.
Some fast-food restaurants might be eligible for de minimis exemptions from organic recycling requirements because, while packaging can increase the waste stream by more than two cubic yards per week and little food is consumed on-site, pre-apportioned foods limit waste in food preparation area and customers tend to finish their entire meals on-site.
The state regulations allow self-hauling and yard trimmings can be hauled by landscapers. Many businesses choose to haul their materials to recycling centers and landfills themselves, rather than hiring a hauler. Businesses can also decide to compost organics on site or to haul to a composter.
Businesses that claim to meet recycling requirements but do not subscribe to hauler service will likely have to show proof of recycling to the jurisdiction where they are located. Each jurisdiction will determine if a waiver should not be granted by an on-site inspection.
Concerning Mr. White’s second question: If a farm is a commercial enterprise, then the same requirements apply. Most farmers don’t even plow any waste crops, so some jurisdictions may not require organics collection service. Waiver requirements are less likely for food processing facilities and fruit packing centres that are associated with agriculture. These businesses are also subjected to an additional requirement for two types of waste generators.
To ensure that edible food can be saved for hungry people, Tier One waste generators must also recycle organics by this year and Tier Two by 2024.
Tier One businesses include large supermarkets, grocery stores, food service providers, distributors, wholesale food vendors, and food service providers. Tier Two businesses include large restaurants and hotels, large event spaces, and educational facilities that have cafeterias.
Abound Food Care, a consultant firm that was hired by the county for the compilation of countywide Tier One and Tier Two entities will soon complete the work and make recommendations to expand Ventura County’s food recovery infrastructure so that more food can be recovered and not just recycled.
David Goldstein, Environmental Resource Analyst for Ventura County Public Works Agency can be reached at [email protected]805-658-4312.
