Chino Hills Municipal Code Ch. 13.36 Large Venue and Event Waste Reduction

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Section 13.20.010 of this Code.

"Applicant" means any individual, firm, limited liability company, association partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for any permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.

"Commercial edible food generators" includes tier one commercial edible food generators and tier two commercial edible food generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

"Covered special event" means any special event in or on a public street, publicly owned site or facility, or within a public park for a civic, commercial, recreational, or social event attended by more than two thousand (2,000) persons, including workers, per day of operation that charges an entrance fee or is operated by the City of Chino Hills.

"Covered large venue facility" means a permanent facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation including workers.

"Edible food" means food intended for human consumption. For the purposes of this chapter, edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for edible food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this chapter.

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

"Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"Food recovery organization" means an entity that primarily engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code;

B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

"Public attraction venue" means airports, amphitheaters, amusement parks, aquariums, arenas, conference or civic centers, fairgrounds, museums, halls, horse tracks, performing arts centers, racetracks, stadiums, theaters, zoos, and other public attraction facilities.

"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

"Tier one commercial edible food generator" means a commercial edible food generator that is one (1) of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

C. Food service provider.

D. Food distributor.

E. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

"Tier two commercial edible food generator" means a commercial edible food generator that is one (1) of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

B. Hotel with an on-site food facility and two hundred (200) or more rooms.

C. Health facility with an on-site food facility and one hundred (100) or more beds.

D. Large venue.

E. Large event.

F. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

"Waste reduction plan" means an application packet approved by the City Manager or designee for the purpose of reviewing proposed methods of waste reduction for compliance with this chapter.

"Waste management plan compliance official" means the designated administrator of the solid waste disposal program for the City of Chino Hills.

(Ord. 193 § 2 (part), 2006; Ord. No. 377, § 3(Exh. A), 11-23-2021)

A. Large events and large venues must comply with the requirements of this section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C. Large events and large venues must do all of the following:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the large venue or large event operator self-hauls to the food recovery organization for food recovery.

3. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

6. Maintain records required by this section for five (5) years.

7. No later than January 31 of each year that the large venue or large event operates, commencing no later than January 1, 2022, provide an annual food recovery report to the City that includes the following information:

a. The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually; and,

b. The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually.

c. Any additional information required by the City Manager or designee.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 377, § 3(Exh. A), 11-23-2021)

Unless otherwise exempt under Section 13.36.040, special events operated by the City or by any applicant meeting the following thresholds shall be considered covered events and shall meet the requirements of and shall comply with all applicable provisions of this chapter.

A. Special events that use a public street, publicly owned site or facility, or public park within the City of Chino Hills;

B. Attended by more than two thousand (2,000) persons per day of the event;

C. Charge an admission fee;

D. Is operated by the City of Chino Hills with or without admission fee, and

E. The event generates solid waste such as, but not limited to paper, beverage containers, or food.

(Ord. 193 § 2 (part), 2006; Ord. No. 377, § 3(Exh. A), 11-23-2021)

Unless otherwise exempt under Section 13.36.040, venue facilities such as stadiums, convention centers, amusement parks, and concert halls located within the City of Chino Hills that has a participation average of more than two thousand (2,000) persons per day of operation shall be considered a covered venue facility and shall comply with all applicable provisions of this chapter.

(Ord. 193 § 2 (part), 2006; Ord. No. 377, § 3(Exh. A), 11-23-2021)

The following events and public attraction venue facilities are exempt from the requirements of Sections 13.36.050, 13.36.060, 13.36.070, and 13.36.080:

A. Special events that do not charge an admission fee unless operated by the City of Chino Hills.

B. Venue facilities that have less than two thousand (2,000) persons per day average attendance for each day of operation.

C. Facilities that are not public attractions are not venues, religious institution services, public parks, schools, and other businesses, such as restaurants, gas stations, and offices, do not fit the common meaning of public attraction venue.

(Ord. 193 § 2 (part), 2006; Ord. No. 292, § 8, 11-24-2015; Ord. No. 377, § 3(Exh. A), 11-23-2021)

A. All covered special event applicants shall develop a waste reduction strategy and recycling strategy as part of the permit application. The waste management strategy 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 disposal facilities of reusable and recyclable materials; and

4. On or before July 1, 2007, and on or before July 1, biennially thereafter, the operator of a large special event shall meet with recyclers and waste service providers of the special event to determine the appropriate waste reduction programs to meet the requirements of this chapter.

B. All large public attraction venue facilities shall develop and submit to the City of Chino Hills a waste reduction and recycling plan. The waste reduction and recycling plan shall include the following:

1. Source reduction and recycling programs;

2. The processing of solid waste collected by the franchise hauler;

3. All solid waste generated within covered venues shall be subject to the waste reduction plan; and

4. On or before July 1, 2007, and on or before July 1, biennially thereafter, the operator of a large venue facility shall meet with recyclers and waste service providers of the large venue facility to determine the appropriate waste reduction programs to meet the requirements of this chapter.

(Ord. 193 § 2 (part), 2006; Ord. No. 377, § 3(Exh. A), 11-23-2021)

A. Time for Review. A waste management plan shall be approved or denied no later than fifteen (15) business days after a complete application is made. The approval may be based on imposed conditions reasonably necessary to meet the standards of this chapter.

B. Approval. Notwithstanding any other provisions of this chapter, no permit shall be issued for any covered special event unless and until the waste management plan has been approved, based upon the following findings by the Waste Management Plan Compliance Official.

1. All the information required by Section 13.36.050 has been provided; and

2. The plan establishes a mechanism such that the diversion requirement shall be met.

C. Denial. If the Waste Management Plan Compliance Official denies the waste management plan, the grounds for denial shall be clearly stated in writing.

(Ord. 193 § 2 (part), 2006; Ord. No. 377, § 3(Exh. A), 11-23-2021)

Within thirty (30) days of receiving a written request for information from the City of Chino Hills, the special event or large public venue operator shall provide a written report to the Waste Management Compliance Official containing a listing of waste reduction, reuse, recycling and diversion programs implemented for the event or venue.

(Ord. 193 § 2 (part), 2006; Ord. No. 377, § 3(Exh. A), 11-23-2021)

Any venue facility identified under this chapter as a large public attraction venue not participating in the City approved waste reduction plan as submitted to the City, may be subject to periodic waste audits contracted by the City at the expense of the venue facility. Based on such audits, the City may require additional processing of solid waste generated by the large venue facility at an additional cost to the operator to meet the diversion goals of the City.

(Ord. 193 § 2 (part), 2006; Ord. No. 377, § 3(Exh. A), 11-23-2021)