§ 27-2203 — Designated food scraps generator responsibilities

§ 27-2203. Designated food scraps generator responsibilities.\n 1. Effective January first, two thousand twenty-two:\n (a) all designated food scraps generators shall separate their excess\nedible food for donation for human consumption to the maximum extent\npracticable, and in accordance with applicable laws, rules and\nregulations related to food donation; and\n (b) * except as provided in paragraph (c) of this subdivision, each\ndesignated food scraps generator that is within twenty-five miles of an\norganics recycler, to the extent that the recycler has capacity to\naccept all of such generator's food scraps based on the department's\nyearly estimate of an organic recyclers' capacity pursuant to section\n27-2211 of this title, shall:\n * NB Effective until January 1, 2027\n * except as provided in paragraph (c) of this subdivision, each\ndesignated food scraps generator that is within fifty miles of an\norganics recycler, to the extent that the recycler has capacity to\naccept all of such generator's food scraps based on the department's\nyearly estimate of an organic recyclers' capacity pursuant to section\n27-2211 of this title, shall:\n * NB Effective January 1, 2027\n (i) separate its remaining food scraps from other solid waste;\n (ii) ensure proper storage for food scraps on site which shall\npreclude such materials from becoming odorous or attracting vectors,\nsuch as a container that has a lid and a latch that keeps the lid closed\nand is resistant to tampering by rodents or other wildlife and has\nsufficient capacity;\n (iii) have information available and provide training for employees\nconcerning the proper methods to separate and store food scraps; and\n (iv) obtain a transporter that will deliver food scraps to an organics\nrecycler, self-haul its food scraps to an organics recycler, or provide\nfor organics recycling on-site via in vessel composting, aerobic or\nanaerobic digestion or any other method of processing organic waste that\nthe department approves by regulation, for some or all of the food waste\nit generates on its premises, provided that the remainder is delivered\nto an organics recycler.\n (c) The provisions of paragraph (b) of this subdivision shall not\napply to any designated food scraps generator that has all of its food\nscraps processed in a mixed solid waste composting or mixed solid waste\nanaerobic digestion facility.\n 2. All designated food scraps generators shall submit an annual report\nto the department on or before March first, two thousand twenty-three,\nand annually thereafter, in an electronic format. The annual report must\nsummarize the amount of edible food donated, the amount of food scraps\nrecycled, the organics recycler or recyclers and associated transporters\nused, and any other information as required by the department.\n 3. A designated food scraps generator may petition the department for\na temporary waiver from some or all of the requirements of this title.\nThe petition must include evidence of undue hardship based on:\n * (a) the designated food scraps generator does not meet the two tons\nper week threshold;\n * NB Effective until January 1, 2027\n * (a) the designated food scraps generator does not meet the tonnage\nper week threshold pursuant to subdivision one of section 27-2201 of\nthis title;\n * NB Effective January 1, 2027\n (b) the cost of processing organic waste is not reasonably competitive\nwith the cost of disposing of waste by landfill;\n (c) the organics recycler does not have sufficient capacity, despite\nthe department's calculation; or\n (d) the unique circumstances of the generator.\n A waiver shall be no longer than one year in duration provided,\nhowever, the department may renew such waiver.\n