Gainesville Zero Waste Initiative

Why was this ordinance adopted?

To protect the public health, safety, and welfare of city residents, visitors, and future generations by increasing waste diversion and to protect our environment.

Are there any exemptions to this ordinance?

Any business determined to be generating less than 15% by volume of the designated recyclable materials in their waste stream would be exempt from this ordinance.

What about recycling special events?

The city’s commercial recycling ordinance includes the commercial collection of materials from events, fairs, and festivals.

Are there any exceptions to this ordinance?

If the commercially-collected generator can demonstrate to the satisfaction of the city manager or designee that the volume of designated recyclable materials generated is de minimus or space is not available at a given property for additional container placement. Each exemption request must be completed and submitted every six months using forms provided by the city. The commercially-collected generator shall be notified in writing within sixty days of whether its exemption request is granted or denied.

A commercial establishment may appeal the imposition of a surcharge to the city manager or designee within 15 calendar days of such imposition. The notice of appeal shall include all information and grounds the commercial generator wants to be considered by the city manager or designee as to why the surcharge should not be imposed. The city manager or designee shall have 15 calendar days to affirm or abate the surcharge. The determination of the city manager or designee shall be final.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $125.00 per occurrence or per day.

Why was this ordinance adopted?

This ordinance aims to reduce the wasteful practice of providing unwanted and unneeded extra single-use plastic items that can result in increased litter and harm our environment.

Are there any exceptions to this ordinance?

Single-use plastic food accessories can be provided when specifically requested by a customer and provided at a customer self-service station within the establishment.

Also, items provided to prevent spills and injuries, such as coffee spill plugs, splash sticks, cup lids, cup sleeves, and cup trays, are not considered single-use plastic food accessories under this ordinance.

Are there alternative products that can be used in place of plastic items?

Absolutely. Food establishments that replace plastic accessories with eco-friendly biodegradable and compostable alternatives may continue to automatically provide items with orders without the customer having to request the items. For example, replacing plastic spoons for to-go soup orders with spoons made from corn starch or replacing plastic salad dressing portion cups for to-go salad orders with compostable paper cups for the salad dressing.

Please note, plastic straw alternatives are limited to only paper, bamboo, and wheat products.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $125.00 per occurrence or per day.

What are the requirements for public litter receptacles?

Each indoor and outdoor public garbage collection receptacle provided by a commercial establishment must be paired with a recycling collection receptacle.

These receptacles must integrate labeling consisting of text and images on the body or adjacent to the opening of the container that is consistent with city provided samples.

Why was this ordinance adopted?

To encourage the public to recycle by requiring additional recycling collection containers to be placed next to garbage containers at commercial establishments and requiring labeling for solid waste containers.

Are there any exceptions to this ordinance?

If a commercial establishment cannot meet the requirements to provide an equal number of garbage and recycling receptacles, the commercial establishment shall cooperate with the city to develop an acceptable alternative plan for the placement of recycling receptacles. The city will make the final determination based on the recycling materials produced at the establishment and the available space for receptacle placement at the commercial establishment.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $125.00 per occurrence or per day.

Why was this ordinance adopted?

To improve the health, safety, welfare, and aesthetics of the nearby community by requiring more frequent collection from certain commercial establishments and commercially-collected residential properties and requiring property owners to provide adequate space for commercial tenants to dispose of solid waste. Larger volumes of garbage left uncollected can result in odor and pest control problems.

Food service establishments often produce a lot of food and food contaminated waste, and dumpsters can quickly become overfilled. When left uncollected in our Florida heat for several days, this waste often can lead to odor control issues in and around dumpster collection areas. The odors from uncollected waste often attract rodents and scavenger animals that will break open garbage bags in dumpsters.

Are there any exceptions to this ordinance?

If a commercial establishment cannot meet the requirements of this ordinance, the commercial establishment shall cooperate with the city to develop an acceptable collection plan. The city will make the final determination based on the location, type of waste generated, and the volume of waste generated at the commercial establishment.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $100.00 per occurrence or per day.

What is commercial food waste?

Commercial food waste shall mean food that is no longer edible or fit for human or animal consumption, nonedible parts of food, or food soiled paper, resulting from food production, preparation, and consumption activities generated from a food service establishment.

Why was this ordinance adopted?

This ordinance is necessary to achieve the waste reduction goals of the city by ensuring maximum processing of food waste. Diverting food waste from the waste stream reduces greenhouse gases like methane from being generated when food waste breaks down in landfills. Far fewer greenhouse gases are produced when food waste is processed through composting, and nutrients are returned to the soil or provided in a finished compost product.

Are there any exceptions to this ordinance?

If the food service establishment is unable to meet the requirement of this ordinance, the food waste establishment shall work with the city to develop an acceptable alternative plan for the collection of food waste, with the city making the final determination as to the location of the commercial service container.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $125.00 per occurrence or per day.

What is commercial food waste diversion?

Food waste diversion, also known as food recovery, prevents surplus food stuffs from going into the waste stream (garbage). Food waste diversion can be achieved through different forms and can provide various social, economic, and environmental benefits. The highest form of food diversion involves collecting wholesome but unused or unsalable food for distribution to those in need. Food waste diversion reduces waste and decreases resource burden by collecting excess food for use in animal feed, industrial uses (e.g., biofuel production), and composting.

Why was this ordinance adopted?

Diverting edible food and wasted food to higher purposes provides direct and substantial benefits. Food diversion programs provide nutritious meals for hungry people in our community, minimize the environmental burden associated with agricultural production, and reduce greenhouse gas emissions.

Will it cost more to implement a food diversion program?

The cost of implementing a food diversion program can easily be offset by reduced disposal costs now that less waste material is generated. Food waste diversion programs also allow businesses to be socially responsible in a noncontroversial way, introduce sustainable practices, and garner goodwill within the community and customers.

Are there legal risks for businesses to give away food?

No. Robust statutory protections for good faith donations (Federal Bill Emerson Act) of apparently wholesome foods exist to protect and encourage those with excess but edible food to donate to organizations that feed the hungry. These laws eliminate the risk of liability for negligence claims associated with food donation.

Are there any exceptions to this ordinance?

If the commercially-collected generator demonstrates to the satisfaction of the city manager or designee that it is unable to comply due to lack of available service providers or facilities that accept food or food waste. Each exemption request must be completed every six months and submitted using forms provided by the city. Commercial generators shall be notified in writing within sixty days of whether their exemption request is granted or denied.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation.

Why was this ordinance adopted?

To provide residents and visitors a safe, convenient, and responsible means of disposing of prescription drugs and reduce the potential for drug misuse by requiring retail commercial establishments that dispense prescription drugs to have a prescription drug take back program. Improperly discarded medications can harm people and the environment.

Are there any exceptions to this ordinance?

No.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $125.00 per occurrence or per day.

Why was this ordinance adopted?

To improve the community's health, safety, welfare, and aesthetics and ensure that each commercial establishment has convenient access to solid waste services (garbage, recycling, food waste composting, etc.) by requiring property owners to provide adequate space for commercial tenants to dispose of solid waste.

Are there any exceptions to this ordinance?

If the property owner is unable to meet the requirement of this ordinance, the property owner shall cooperate with the city to develop an acceptable alternative plan for the collection of waste from the tenant, with the city making the final determination as to the location of the commercial service container.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $125.00 per occurrence or per day.

Why was this ordinance adopted?

To improve and encourage the collection of recyclable materials at commercially-collected residential properties by requiring commercially-collected residential properties to provide information regarding recycling and make recycling separation and disposal convenient and accessible for tenants.

Are there any exceptions to this ordinance?

If the commercially-collected residential property can demonstrate to the satisfaction of the city manager or designee that space is not available at a given property for additional container placement. Each exemption request must be completed and submitted every six months using forms provided by the city. The commercially-collected residential property shall be notified in writing within sixty days of whether its exemption request is granted or denied.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $125.00 per occurrence or per day.

Why was this ordinance adopted?

To improve the health, safety, welfare, and aesthetics of the nearby community by requiring more frequent collection from commercially-collected residential properties and requiring property owners to provide adequate space for commercial tenants to dispose of solid waste. Larger volumes of garbage left uncollected can result in odor and pest control problems.

Are there any exceptions to this ordinance?

If a commercially-collected residential property cannot meet the requirements of this ordinance, the commercial establishment shall cooperate with the city to develop an acceptable collection plan. The city will make the final determination based on the location, type of waste generated, and the volume of waste generated at the commercially-collected residential property.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $100.00 per occurrence or per day.

Why was this ordinance adopted?

To ensure the proper disposal of bulky items from tenants in a timely manner from commercially-collected properties.

Are there any exceptions to this ordinance?

Commercial-collected residential properties (multi-family properties) may contact their garbage service provider to collect these bulky items or self-haul the materials to a commercial disposal or recycling facility.

What are the enforcement penalties for noncompliance with this ordinance?

If items are not picked up within seven days of being placed for collection, the city manager or designee may issue notice by hand delivery or certified mail, return receipt requested. If the material has not been removed within 24 hours after notification by the city, the city manager or designee may order such removal, and all costs incurred shall be placed against the property owner.

What is a lease transition plan?

A lease transition plan (reuse plan) is a written proposal be developed by each commercially-collected residential property to divert from the landfill waste stream usable and functioning household goods, furnishings, and electronics, and recyclable cardboard resulting from the high volume move-in and move-out periods that occur April 20 – May 15 and July 20 - August 25 of each year.

Why was this ordinance adopted?

To reduce disposition of functional household goods, funishings, electronics and recyclable cardboard at landfills by requiring larger commercially-collected properties to have lease transition plans to divert these materials from the waste stream during high volume move-in and move-out periods typical of housing geared toward students tenants.

Are there any exceptions to this ordinance?

If the commercially-collected residential property demonstrates to the satisfaction of the city manager or designee that the volume of designated recyclable materials generated is de minimus or space is not available at a given property for additional container placement. Each exemption request must be completed and submitted every six months using forms provided by the city. The commercially-collected residential property shall be notified in writing within sixty days of whether its exemption request is granted or denied.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation.

Why was this ordinance adopted?

This ordinance is necessary to achieve the waste reduction goals of the city by ensuring maximum processing of food waste. Diverting food waste from the waste stream reduces greenhouse gases like methane from being generated when food waste breaks down in landfills. Far fewer greenhouse gases are produced when food waste is processed through composting, and nutrients are returned to the soil or provided in a finished compost product.

Are there any exemptions to this ordinance?

If the commercially-collected residential property demonstrates to the satisfaction of the city manager or designee that space is not available at a given property for additional container placement or provides proof that the commercially-collected residential property is unable to comply due to lack of available service providers. Each exemption request must be completed and submitted every six months using forms provided by the city. The commercially-collected residential property shall be notified in writing within sixty days of whether its exemption request is granted or denied.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by civil citation of $125.00 per occurrence or per day.

Is there a form to fill out?

Yes. Lease Transition Plans(PDF, 592KB) are to be submitted to the City of Gainesville's Solid Waste Division.

Why was this ordinance adopted?

When released into our environment, plastic confetti, glitter, and balloons are detrimental. These items don’t fully degrade and introduce unsafe chemicals into our environment. Additionally, these materials become litter in our streets, parks, public places, and waterways. Plastic confetti, glitter, and balloons also consistently create hazards to aquatic and land animals when ingested.

Is it illegal for retailers to sell or for individuals to possess plastic confetti, glitter, or balloons?

No. This ban is only on the intentional release outdoors of these items. The release indoors of these items is not prohibited.

Does this include foil or mylar balloons?

Yes, as the base material in these balloon types is a plastic derivative.

Are there any exceptions to this ordinance?

Consistent with Section 379.233, Florida Statutes, the following balloon releases are exempt from the above prohibition:

(a) balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;

(b) hot air balloons that are recovered after launching; or

(c) balloons that are either biodegradable or photodegradable, as determined by rule of the Fish and Wildlife Conservation Commission, and which are closed by a hand-tied knot in the stem of the balloon without string, ribbon, or other attachments. The party responsible for the release shall make available evidence of the biodegradability or photodegradability of said balloons in the form of a certificate executed by the manufacturer. Failure to provide said evidence shall be prima facie evidence of a violation of this act.

What about for special events?

No. There is no exemption for special events.

What are the enforcement penalties for noncompliance with this ordinance?

The city may enforce this article by a civil citation of $250.00 per occurrence or per day.