HomeMy WebLinkAbout2485-15 - ADMIN Ordinance - City Council - 2015/12/21ORDINANCE NO. 2485-15
ORDINANCE TO INCREASE TRADITIONAL RECYCLING
AND ORGANICS RECYCLING OF
FOOD AND BEVERAGE PACKAGING AND TO -GO CONTAINERS
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
CHAPTER 12 — Environment and Public Health
Division VI. ZERO WASTE PACKAGING
12-201. - Legislative purpose.
The city council (council) adopted the strategic direction in March 2007 stating that the city is
committed to being a leader in environmental stewardship and will increase environmental
consciousness and responsibility in all areas of city business.
As such, the council finds that discarded packaging from foods and beverages prepared for
immediate consumption constitutes a portion of the waste stream in St. Louis Park that could be
diverted for reuse, recycling, or organics recycling. Regulation of food and beverage packaging,
therefore, is a necessary part of any effort to encourage a recyclable and compostable waste stream,
thereby reducing the disposal of solid waste and the economic and environmental costs of waste
management for the citizens of St. Louis Park and others working or doing business in St. Louis
Park.
The council also finds that the two (2) main processes used to dispose of discarded nomeusable,
nonreturnable, nonrecyclable and noncompostable food and beverage packaging are land filling
and incineration, both of which should be minimized for environmental reasons.
The council therefore finds that the minimization of nomeusable, nonreturnable, nonrecyclable
and noncompostable food and beverage packaging originating at retail food establishments and at
events providing food and/or beverages within the city of St. Louis Park is necessary and desirable
in order to minimize the city's waste stream and maximize recycling and organics recycling, so as
to reduce the volume of landfilled waste, to minimize toxic by-products of incineration, and to
make our city and neighboring communities more environmentally sound places to live.
12.202. - Definitions.
As used in this chapter, the following terms and phrases shall have the meanings as defined in this
section:
(a) "Distributor" shall mean a business that distributes food and beverages but who conduct
no retail food or beverage transactions.
(b) "Food establishment", as used in this chapter, shall mean a "food establishment" as
defined by Chapter 3.3.1 Hennepin County Code of Ordinances.
(e) "Mobile use -food establishment", as used in this chapter, shall mean "mobile use -food"
as defined in Chapter 36-142(8)(5) of the City Code of Ordinances, as a vehicle or cart
used to prepare and serve food and/or beverages in individual portions in a ready -to -
consume state. Mobile use -food does not include the sale of groceries or vegetables and
fruits not prepared for immediate consumption at the vehicle.
Ordinance No. 2485-15 -2-
(d) "Packaging" shall mean and include food or beverage cans, bottles or containers used to
package food and beverage products for distribution including glasses, cups, plates,
serving trays, and to -go containers. The following exclusions apply: foods pre-packaged
by the manufacturer, producer or distributor; plastic knives, forks and spoons sold or
intended for use as utensils; and plastic films less than ten (10) mils in thickness.
(e) "Violation" shall mean any time a food establishment is found by the city to be non-
compliant with one or more section(s) of this chapter.
(f) "Zero waste packaging" shall mean and include any of the following:
(1) "Reusable and returnable packaging": Food or beverage containers or packages, such
as, but not limited to, water bottles, growlers, milk containers and bulk product
packaging that are capable of being refilled at a retail location or returned to the
distributor for reuse at least once as a container for the same food or beverage;
(2) "Recyclable packaging": Packaging that is separable from solid waste during
collection for the purpose of recycling including, but not limited to, glass bottles,
aluminum cans and plastic food and beverage packaging. Recyclable packaging must
be accepted by the local material recovery facilities receiving and processing the
materials and have existing robust recycling markets as determined by the Public
Works Division by rule promulgated pursuant to section 12.205.
(3) "Compostable packaging": Packaging that is separable from solid waste during
collection for the purpose of composting. Compostable packaging must be made of
unlined paper (unless lining is certified compostable), certified compostable plastic
that meet ASTM D6400 or ASTM D6868 or other material accepted by the
commercial compost or anaerobic digestion facility receiving and processing the
materials.
12.203. - Prohibitions and duties.
(a) No person owning, operating or conducting a food establishment or any person or
organization providing free food or beverage products within the city of St. Louis Park
pursuant to a Hennepin County permit or license, or in a manner which would require a
permit or license, shall do or allow to be done any of the following within the city:
(1) Sell or convey at retail or possess with the intent to sell or convey at retail any food
or beverage intended for immediate consumption contained, at any time at or before
the time or point of sale, in packaging which is not zero waste packaging. The
presence on the premises of the food establishment of packaging which is not zero
waste packaging shall constitute a rebuttable presumption of intent to sell or convey
at retail, or to provide to retail customers packaging which is not zero waste
packaging; provided, however, that this subparagraph shall not apply to
manufacturers, brokers or warehouse operators, who conduct or transact no retail
food or beverage business.
(b) Packaging used to contain food or beverages intended for immediate consumption shall
be considered zero waste packaging only when the food establishment provides
consumers with an on-site opportunity to recycle and/or appropriately manage
compostable packaging and compostable plastics and utilizes a qualified recycling and/or
organics management system.
(1) A qualified recycling system shall have the following elements:
Ordinance No. 2485-15 -3-
a. A clear and verifiable process for separating recyclable packaging from
discarded solid waste; and
b. Collection and delivery of recyclable packaging to a recycling facility for
processing in the same or at least similar manner as recyclable packaging
collected in a city approved recycling program.
(2) A qualified organics recycling system shall have the following elements:
a. A clear and verifiable process for separating organic materials from discarded
solid waste; and
b. Collection and delivery of organic materials to an organics composting or
anaerobic digestion facility in the same manner or at least similar manner as
organic materials collected in a municipally approved organics management
program.
(3) A food establishment that does not have dine -in seating for consumers, except a
mobile use -food establishment, is exempt from the requirement to provide consumers
with an on-site opportunity to recycle and/or manage compostable
packaging/compostable plastics as defined in Sec 12-203(b).
12.204. — Violations and Enforcement.
(a) When a violation of this chapter has occurred, the food establishment shall be subject to
the penalties set forth below.
(b) A violation of this chapter is a misdemeanor.
(c) Violations of this chapter shall be punishable as an administrative offense pursuant to
City Code Ordinance 2420-12, Section 1-14 Administrative Penalties, as follows:
(1) A warning notice in writing for the first violation;
(2) A fine of $100 for the second violation;
(3) Repeat subsequent violations within 24 months, a fine double the amount of the fine
imposed for the previous violation, up to a maximum of $2,000. For example if there
were four occurrences of a violation that carried a $100 fine: first is $0 (warning);
second is $100, third is $200, forth is $400).
(d) At the time a violation occurs, the food establishment will be given 14 calendar days to
take corrective action before a subsequent fine is issued.
(e) The administrative offenses provided for in this chapter shall be in addition to any other
legal or equitable remedy available to the city for city code violations.
12.205. - Rules and regulations.
The Public Works Division may, upon notice and hearing, promulgate such rules and regulations
as may be necessary to cant' out the purposes of this chapter and protect the health of the public,
including the development of list of recyclable and compostable packaging that meets definitions
under section 12.202 and development of exemptions under section 12.206 for packaging for
which there is no reasonable commercially available alternative. In promulgating such rules, the
division shall consider the legislative purposes provided in section 12.201 of this chapter and shall
Ordinance No. 2485-15
M
consult with the operators of affected food establishments, local material recovery facilities and
local commercial composting facilities. The Public Works Division rules and regulations shall be
approved by council annually.
12.206. - Exemptions..
Notwithstanding any other provision to the contrary, this chapter shall not apply to:
(a) Any packaging which is not zero waste packaging, but for which there is no commercially
available alternative as determined by the Public Works Division by rule promulgated
pursuant to section 12.205. In determining whether there are commercially available
alternatives, the Public Works Division will consider whether there is availability of zero
waste packaging for affected products. Every rule creating an exemption under this
paragraph will be reviewed annually by the Public Works Division to determine whether
current conditions continue to warrant the exemption.
12.207. - Severability.
If any part or provision of this chapter or the application thereof to any person, entity, or
circumstances shall be adjudged unconstitutional or invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part, provision or application which is
directly involved in the controversy in which such judgment shall have been rendered, and shall
not affect or impair the validity of the remainder of this chapter or the application thereof to other
persons, entities, or circumstances.
12.208. - Effective date.
This ordinance shall take effect January 1, 2017.
Sees. 12-209--12-250. Reserved.
First Reading
December 7, 2015
Second Reading
December 21, 2015
Date of Publication
December 31, 2015
Date Ordinance takes effect
January 1, 2017
Attest:
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Adopted by the City Council December 21, 2015
May U I rw"
Approved as to Form and Execution:
City Attorney
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SS St Louis Park
with the known office of issue being located
in the county of-,
HENNEPIN
with additional circulation in the counties of.
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 12/31/2015 and the last
insertion being on 12/31/2015.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
bd. 1, clause (1) or (2). If the newspaper's
_nown office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located.,
a substantial portion of the newspaper's
circulation is in the latter county.
By: L:I.LWL AL. VDUQ
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/31/2015 by Charlene Vold.
Notary Public
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.re Information:
(I) Lowest classified rate paid by commercial users.
for comparable space:
$68.50 per column inch
Ad ID 491948
City of St. Louis Park
(Official Publication)
Summary for Publication
ORDINANCE NO. 2485-15
AN ORDINANCE AMENDING
CHAPTER 12
OF THE ST. LOUIS PARK
CODE OF ORDINANCES
RELATED TO ENVIRONMENT
AND PUBLIC HEALTH,
ENACTING A FOOD & BEVERAGE
PACKAGING ORDINANCE
This ordinance states that Chap-
ter 12 of the Ordinance Code re-
lating to Environment and Public
Health shall be amended relative
to enacting a Zero Waste Packag-
ing Ordinance by adding Division
VI. Zero Waste Packaging, Sections
12-201 to 12-208.
The ordinance will increase tra-
ditional recycling and organics re-
cycling by requiring licensed food
establishments to use zero waste
packaging that is either reusable,
returnable, recyclable, or com-
postable. It will also require food
establishments to provide recycling
and organics recycling receptacles
for food & beverage packaging dis-
carded by customers dining on-site.
This ordinance shall take effect
January 1, 2017.
Adopted by the City Council De-
cember 21, 2015
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this or-
dinance is available for inspection
with the City Clerk.
Published in St. Louis Park Sail-
or: December 31, 2015
12/31/15, 3SS3,
Ordinance No. 2485-15,491948