Fullerton Municipal Code Ch. 5.15 Recycling Requirements for Large Events and Large Venues

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE AUTHORITY. Includes the Director of Community and Economic Development, the Director of Administrative Services or the City Manager or authorized representative designated by each or any of them.

APPLICANT. 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 a permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.

LARGE EVENT. Any large event that charges an admission price or for which an applicant seeks temporary or periodic use or occupancy in or on a public street, publicly owned site or facility or public park within the city for a civic, commercial, recreational or social event attended by more than 2,000 persons, including workers, per day of operation.

LARGE VENUE.

(1) A facility that annually seats or serves an average of more than 2,000 individuals per day of operation, including workers, such as, but not limited to, convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located within the city and any other facility or place that is a VENUE FACILITY for purposes of Cal. Public Resources Code § 42648.

(2) For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single LARGE VENUE.

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

WASTE MANAGEMENT PLAN. A plan for reducing and managing waste, submitted to the administrative authority for review in compliance with this chapter.

(Ord. 3127, passed - -2009)

The purpose of this chapter is to reduce waste from large events and large venues by requiring those who operate large events and large venues to develop and implement waste management plans to reduce waste placed in landfills and to report diversion and recycling to the city. The following large events and large venues are subject to the requirements of this chapter:

(A) All events charging an admission price or for which an applicant seeks temporary or periodic use or occupancy of a public street, publicly owned site or facility or public park within the city for a civic, commercial, recreational or social event attended by or anticipated to be attended by an average of more than 2,000 individuals per day of operation; and

(B) All venues that annually seat or serve an average of more than 2,000 individuals per day of operation, including, but not limited to, convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located with the city.

(Ord. 3127, passed - -2009)

Large events and large venues shall meet the requirements of and shall comply with all provisions of this chapter.

(Ord. 3127, passed - -2009)

(A) All large event applicants shall develop and submit to the city a waste management plan for reducing and recycling waste as part of the application for a permit. The waste management plan shall include the following information:

(1) An estimate of the anticipated amount and type of waste generated and material disposed and diverted from the event;

(2) Proposed actions to reduce, reuse and recycle the amount of waste generated from the event; and

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

(B) All large venues shall develop and submit to the city a waste management plan on an annual basis on or before January 1 of each year. The waste management plan shall include the following:

(1) An estimate of the amount and type of waste generated and material disposed and diverted from the venue; and

(2) The existing solid waste reduction, reuse and recycling programs that the operator of the large venue utilizes.

(C) All large event applicants and large venue operators shall, on or before July 1, and on or before July 1 biennially thereafter, meet with recyclers and waste service providers of the large event or large venue to determine the appropriate waste reduction programs to meet the requirements of this chapter.

(Ord. 3127, passed - -2009)

(A) Time for review. A waste management plan shall be approved or rejected no later than 20 business days after a completed application is made for a large event and or a waste management plan is submitted for a large venue.

(B) Approval. The Director of Community and Economic Development or designee may approve the plan subject to conditions reasonably necessary to meet the standards of this chapter and may consult with the city’s solid waste hauler concerning the viability of the waste management plan and compliance by large events and large venues with diversion requirements.

(C) Rejection. If the administrative authority rejects the waste management plan, the grounds for rejection shall be clearly stated in writing.

(Ord. 3127, passed - -2009)

Within 30 days of receiving a written request for information from the city, the large event or large venue operator shall provide a written report to the administrative authority containing the following documentation:

(A) A listing of waste reduction, reuse, recycling and diversion programs implemented for the event or venue; and

(B) The type and weight of materials diverted and disposed at the event or venue.

(Ord. 3127, passed - -2009)

(A) When issuing a permit to an operator of a large event or large venue, the city shall provide information to the operator that can be implemented to reduce, reuse and recycle solid waste materials generated at the event or venue 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 event or large venue to the State Integrated Waste Management Board (“CIWMB”) website or any other appropriate website.

(B) As part of the city’s annual report submitted pursuant to Cal. Public Resources Code § 41821 to the CIWMB, the city shall include an estimate and description of the top 10% of its large events and large venues based upon the amount of solid waste generated at such events and venues as submitted by operators of large events and large venues. To the extent that the information is readily available to the city, the information shall include the name, location and a brief description of the event or venue, a brief description of the types of wastes generated, types and estimated amount of materials disposed and diverted by weight, and existing solid waste reduction, reuse and recycling programs that the operator of the large event or large venue utilizes to reduce, reuse and recycle the solid waste.

(C) The city may charge and collect a fee from an operator of a large event or large venue in an amount to be established by resolution of the City Council to recover the city’s estimated costs incurred in complying with this chapter.

(Ord. 3127, passed - -2009)

In addition to any other available penalties and/or remedies, any event or venue identified under this chapter as a large event or large venue not complying with the waste management plan approved by the administrative authority may be subject to waste audits by the city or its designated representatives or contractors at the expense of the operator of the large event or large venue. Based on such audits, the city may require additional processing of solid waste generated by the event or venue at an additional cost to the operator to meet the diversion goals of the city.

(Ord. 3127, passed - -2009)