Brea Municipal Code Ch. 8.30 Large Event and Venue Facility Waste Management

This chapter shall be known as the “Large Event and Venue Facility Waste Management Code.”

(Ord. 1096, 11-7-2006)

The purpose of this chapter is to reduce landfill waste by requiring each applicant for a permit to operate a large event or large venue facility to develop and implement a Waste Management Plan in compliance with state and local statutory goals and policies and to create a mechanism to report progress towards compliance with the diversion requirements.

(Ord. 1096, 11-7-2006)

For the purposes of this chapter, the following definitions shall apply:

"Applicant."

Includes but is not limited to any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever that applies to the city for a permit, as defined in this section.

"Director of maintenance services."

The Director of Maintenance Services for the city, or designee.

"Large event."

An event that:

Generates any solid waste;

Is located in or on a public street, publicly owned site or facility, or within a public park;

Is conducted for any civic, commercial, recreational or social purpose;

Serves more than an average of two thousand (2,000) persons per day, including employees, of operation of the event; and

Charges an admission fee, or, if operated by the city, operates with or without charging an admission fee.

"Large venue facility."

A permanent venue facility that seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility, including employees, per day of operation. A "large venue facility" includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference, convention or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility.

"Permit."

A use permit or other type of permit, necessary to operate a large venue facility or conduct a large event in the city. Events operated by the city are exempt from permit requirements only.

"Recycling."

The process of collecting, sorting, cleansing, treating, and reconstituting items that would otherwise be disposed of in a landfill.

"Waste management plan."

A written strategy, approved by the Director of Maintenance Services, to reduce waste and increase recycling in accordance with this chapter.

"Waste management plan compliance official."

The designated administrator of the Sanitation Division of the Maintenance Services Department.

(Ord. 1096, 11-7-2006)

Unless otherwise exempt under § 8.30.050, every large event and large venue facility shall comply with all requirements of this chapter including city-operated events or facilities meeting the definitions of large venue facility or large event.

(Ord. 1096, 11-7-2006)

Church services, private events at public parks, schools, and businesses such as restaurants, hotels or offices, are exempt from the requirements of this chapter.

(Ord. 1096, 11-7-2006)

A. Each large event permit applicant shall develop and submit a Waste Management Plan as part of the permit application. All solid waste generated as a result of large events shall be subject to the waste reduction plan. The plan shall include the following information:

1. An estimate of the amount and types of waste anticipated from the event;

2. Proposed actions to reduce the amount of waste generation related to the event;

3. Arrangements for separation, collection and diversion from landfills of reusable and recyclable materials.

B. The operator of each large event occurring annually, or more often, shall, on or before July 1, and biennially thereafter, meet with recyclers and waste service providers of the large event to discuss plans for implementation of new or improved waste reduction programs to better meet the purposes of this chapter.

C. Each large venue facility shall develop and submit a Waste Management Plan as part of the permit application. All solid waste generated within or upon large venue facilities shall be subject to the waste reduction plan. The plan shall include the following information:

1. Source reduction and recycling programs;

2. How solid waste is processed by the franchise hauler;

3. Procedures for separation, collection and diversion from landfills of reusable and recyclable materials.

D. Each operator of a large venue facility shall meet with recyclers and waste service providers of the facility every two (2) years following approval of the Waste Management Plan to discuss plans for implementation of new or improved waste reduction programs to better meet the purposes of this chapter.

(Ord. 1096, 11-7-2006)

A. Time for review. A Waste Management Plan submitted with a complete permit application shall be approved or denied no later than ten (10) business days after submittal. The approval may include conditions reasonably necessary to meet the standards of this chapter.

B. Approval. Notwithstanding any other provision of this chapter, no permit shall be issued for any large event or large venue facility unless and until the Waste Management Plan has been approved, based upon the following findings by the Waste Management Plan Compliance Official:

1. All of the information required for obtaining a permit has been provided;

2. The plan establishes a mechanism that will reduce the amount of waste disposed in landfills through waste prevention, reuse, and recycling of materials at venues facilities and special events, and stimulate markets for recycled-content materials. The target should be as close to fifty percent (50%) reduction as is practicable as determined by the types of materials generated at the special event or venue facility.

C. Information issued with permit. If approved, the city shall provide information to the operator on programs that can be implemented to reduce, reuse, and recycle solid waste materials generated at the event or venue facility, and provide contact information about where solid waste materials may be donated, recycled, or composted. This information may include, but is not limited to, providing information directing the operator of the large venue facility or large event to appropriate web sites or direct mailings, brochures, or other relevant literature.

D. Denial. If the Waste Management Plan Compliance Official denies the Waste Management Plan, the grounds for denial shall be clearly stated, in writing, and shall be provided to the applicant along with the advisement that the denial may be appealed pursuant to this chapter.

(Ord. 1096, 11-7-2006)

Final report. Within thirty (30) days of receiving a written request for information from the city, the large event or large venue facility operator shall provide a written report to the Waste Management Plan Compliance Official containing documentation as follows:

A. A list of waste reduction, reuse, recycling and diversion programs implemented for the event or venue facility;

B. The number of tons of waste either reduced, reused, recycled or diverted; and

C. The total number of tons land-filled.

(Ord. 1096, 11-7-2006)

Any venue facility or event identified under this chapter as a large venue facility or large event, that is not participating in recycling services offered by authorized contract collections may be subject to periodic audits. Based on such audits, the city may require additional processing of solid waste generated by the large event or venue facility at an additional cost to the operator, to meet the diversion goals of the city.

(Ord. 1096, 11-7-2006)

Any person or entity aggrieved by any decision or finding under the provisions of this chapter with respect to approving or to denying a Waste Management Plan or to granting or denying an application for an exception from compliance with this chapter, may appeal such decision or finding. An appeal must be filed within five (5) business days after the date of notice of any protested decision or finding, by filing with the Director of Maintenance Services a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than ten (10) business days after receipt of the letter of appeal. The appellant shall be given at least five (5) business days notice of the time and place of the hearing. A Hearing Officer having no involvement in the decision being appealed, shall be appointed by the City Manager. At the hearing, the appellant and any other interested party, shall have a reasonable opportunity to be heard, in order to show cause why the decision or finding should not be upheld. The burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision or finding appealed. At the conclusion of the hearing, the Hearing Officer shall make a final and conclusive determination based on written findings.

(Ord. 1096, 11-7-2006)

A. It shall be unlawful and a violation of this chapter for any applicant or permit holder to do any of the following:

1. To willfully fail to comply with any provision of this chapter.

2. To provide false or misleading information in any plan, application, report or document required by this chapter.

3. To fail to comply with the requirements of any approved Waste Management Plan for a large event or venue facility.

B. Penalties. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter hereby adopted. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this chapter.

C. Civil remedies. The violation of any of the provisions of this chapter hereby adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 1096, 11-7-2006)