Bakersfield Municipal Code Ch. 8.32 Solid Waste/Recyclable Materials/Organic Waste

Sections: 8.32.010 Declaration of policy. 8.32.020 Definitions. 8.32.030 Special charges. 8.32.040 Charge as debt against occupant of property—Penalty. 8.32.050 Billing property owner. 8.32.060 Billing, collection and payment of charges—Refunds. 8.32.070 Additional powers and duties to make rules and regulations. 8.32.080 Accumulation unlawful—Abatement. 8.32.090 Unlawful dumping—Abatement. 8.32.100 Unlawful recovery/redemption of recyclable materials—Abatement. 8.32.110 Required containers. 8.32.120 Collection points for discarded materials. 8.32.130 Preparation of discarded materials. 8.32.140 Collection, processing, and disposal. 8.32.150 Generator requirements—Mandatory services required. 8.32.160 Generator requirements—Waivers for commercial and multifamily generators. 8.32.170 Generator requirements—Commercial edible food generators. 8.32.180 Edible food recovery organizations and services. 8.32.190 Inspections and investigations. 8.32.200 Enforcement. 8.32.210 Violation—Penalty.

8.32.220 Severability.

Prior legislation: Ords. 3440, 3106, 3083, 3054, 3006, 2933, 2889, 2880, 2863, 2601; prior code §§ 8.48.010—8.48.030, 8.48.060, 8.48.080—8.48.160.

A. Adequate and proper discarded materials management must be instituted and maintained by the city for the protection of the public health, safety and welfare, and to comply with applicable laws and regulations related to waste diversion and discarded materials management.

B. The council of the city of Bakersfield finds that to give practical effect to this policy, a comprehensive system for the management of solid waste including periodic collection, removal, processing, and disposal of discarded materials from all places and premises within the city is essential and to accomplish this purpose for the best interest and welfare of all the inhabitants of the city and for the general benefit of the community at large, it is necessary to provide that such services should be paid for directly by the owner and/or occupant of all uses of property in the city, and therefore, all such owners and/or occupants are made liable for the charges set by the city council.

C. Every such owner and/or occupant shall pay such charges whether or not they use discarded materials services in all cases where such requirement is lawful. (Ord. 5076 § 1, 2022; Ord. 3939 § 1, 1999; Ord. 3604 § 1, 1994)

“Alternative daily cover” or “ADC” has the same meaning as in 27 CCR Section 20690.

“Alternative intermediate cover” or “AIC” has the same meaning as 27 CCR Section 20700.

“Approved C&D processing facility” means the facility designated by the city to which the collector or self-haulers shall transport C&D for processing.

“Approved disposal facility” means the facility designated by the city to which the collector or self-haulers shall transport solid waste for disposal.

“Approved facilities” means any one or combination of the approved organic waste processing facility, approved recyclable materials processing facility, approved disposal facility, approved C&D processing facility, or other facility or operation approved by the city for transfer, processing, and/or disposal of discarded materials.

“Approved organic waste processing facility” means the facility designated by the city to which the collector or self- haulers shall transport organic waste for processing.

“Approved recyclable materials processing facility” means the facility designated by the city to which the collector or self-haulers shall transport recyclable materials for processing.

“Approved transfer facility” means the facility designated by the city to which the collector may transfer discarded materials collected.

“Bin” means a rigid container with hinged lids and wheels with a capacity of at least one cubic yard and less than ten cubic yards.

“Building materials” means bricks, stone, mortar, concrete, asphaltic concrete, wood, or other debris incident to the construction or demolition of buildings or structures.

“Bungalow court” means a group of two or more detached dwelling units located upon a single lot or building site.

“C&D” or “construction and demolition debris” includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste. Construction and demolition debris includes rocks, soils, tree remains, and other green waste which results from land clearing or land development operations in preparation for construction.

“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).

“CalRecycle” means California’s Department of Resources Recycling and Recovery.

“Cart” means a plastic container with a hinged lid and wheels that is serviced by an automated or semi-automated collection vehicle. A cart has capacity of twenty, thirty-five, sixty-four or ninety-six gallons (or similar volumes).

“City” means the city of Bakersfield, California, a political subdivision of the state of California.

“City manager” means the city staff member or their designee who is partially or wholly responsible for enforcing this chapter.

“Collect” or “collection” (or any variation thereof) means the act of collecting discarded materials at the place of generation in the city.

“Collection agreement” means a contract or franchise agreement entered into between the city and a collector for provision of discarded materials services, which may include, but is not limited to, collection, transportation, processing, disposal, and relevant programmatic activities.

“Collector” means an agent or employee of the city or any person, firm, corporation, or association or the agents or employees thereof licensed by contract or franchise to collect, transport, process, and/or dispose of discarded materials in the city.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling with five or more dwelling units, or as otherwise defined in 14 CCR Section 18982(a)(6).

“Commercial edible food generator” means a tier one commercial edible food generator or tier two commercial edible food generator, 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, or as otherwise specified by 14 CCR Section 18982(a)(7).

“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, or as otherwise defined in 14 CCR Section 18982(a)(8).

“Compacted discarded materials” means any compacted waste material placed into commercial containers for processing or disposal.

“Compactor” means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two- to eight-cubic-yard bin compactors serviced by front-end loader collection vehicles and ten- to fifty-cubic-yard drop box compactors serviced by roll-off collection vehicles.

“Compliance review” means a review of records by the city to determine compliance with this chapter.

“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at an approved facility.

“Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

“Container” means any bins, carts, compactors, roll-off boxes used or intended to be used for the purpose of holding discarded materials.

“Container contamination” or “contaminated container” means a container, regardless of material type, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

“County” means the county of Kern, California, a political subdivision of the state of California.

“Designee” means a designated city department or city employee or an external entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities related to this chapter, as authorized in 14 CCR Section 18981.2. A designee may be a city department, city employee, government entity, collector, private entity, or a combination of those entities.

“Development project” means any of the following:

1. A project for which a building permit is required for a commercial, industrial, or institutional building, or residential building having five or more living units, where discarded materials are collected and loaded and any residential project where discarded materials are collected and loaded in a location serving five or more living units.

2. Any new public facility where discarded materials are collected and loaded and any improvements for areas of a public facility used for collecting and loading discarded materials.

3. The definition of development project only includes subdivisions or tracts of single-family detached

homes if, within such subdivisions or tracts, there is an area where discarded materials are collected and loaded in a location which serves five or more living units. In such instances, recycling areas as specified in this chapter are only required to serve the needs of the living units which utilize the discarded materials collection and loading area.

“Discarded materials” means any one or combination of solid waste, recyclable materials, organic materials, or other material discarded by a generator.

“Discarded materials management” includes a planned program for effectively controlling the generation, storage, collection, transportation, processing and reuse, conversion or disposal of discarded materials in a safe, sanitary, aesthetically acceptable, environmentally sound, and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of discarded materials handling, source reduction, disposal, and resource recovery systems necessary to achieve established objectives.

“Edible food” means food intended for human consumption. For the purposes of this chapter, edible food is not discarded materials 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.

“Enforcement officer” means the city manager, or their designee, who shall have the power to enforce., violations of the provisions of this chapter and to issue citations for such violations in accordance with California Penal Code Part 2, Title 3, Chapter 5.

“Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that approved facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the approved facility by permit conditions, waste that in city, or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with California Public Resources Code Sections 41500 and 41802. “Excluded waste” does not include materials defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.

“Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

“Food facility” has the same meaning as in California Health and Safety Code Section 113789.

“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:

1. A food bank as defined in California Health and Safety Code Section 113783;

2. A nonprofit charitable organization as defined in California Health and Safety Code Section 113841; and

3. A nonprofit charitable temporary food facility as defined in California Health and Safety Code Section

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).

“Food scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. “Food scraps” excludes fats, oils, and grease when such materials are source separated from other food scraps.

“Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

“Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

“Food waste” means food scraps and food-soiled paper.

“Food waste self-hauler” means a self-hauler who generates and hauls, utilizing their own employees and equipment, an average of one cubic yard or more per week, or six thousand five hundred pounds or more per quarter, of their own food waste to a location or facility that is not owned and operated by that self-hauler. Food waste self-haulers are a subset of self-haulers.

“Generator” means any person whose act or process generates or produces discarded materials, or whose act first causes discarded materials to become subject to regulation under this code or federal, state, or local regulations.

“Green waste” means types of organic waste resulting from normal yard and landscaping installation, maintenance, or removal.

“Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

“High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022, and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).

“Improvement” means a change which adds to the value of a facility, prolongs its useful life, or adapts it to new uses. Improvements should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.

“Industrial waste” means solid wastes or waste material resulting or left over from industrial processes and manufacturing operations including, but not limited to: fibers; fabrics; plastics; Styrofoam and expanded polystyrene; rubber; resins; metals; slag; wood products, such as sawdust and shavings; packing materials; putrescible material from food processing plants and slaughterhouses; condemned food; cinders and ashes from power plants and incinerators; and miscellaneous manufacturing wastes. Such industrial waste is distinguished from ordinary commercial solid waste or so-called trade wastes which emanate from stores, hotels, restaurants, and markets.

“Inspection” means a site visit where the city may review records, containers, and an entity’s collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

“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 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 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 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.

“Mobile home” is a vehicle designed and equipped for human habitation and for being drawn by a motor vehicle.

“Multifamily dwelling unit” or “multifamily” means of, from, or pertaining to a building designed for residential occupancy with five or more dwelling units regardless of whether the residence therein is temporary or permanent, and includes apartments, bungalows in a bungalow court, apartment houses, and mobile homes, situated on a single parcel, and condominiums.

“Notice of violation (NOV)” means a notice that a violation of SB 1383 regulations has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

“Occupant” includes and means every owner, tenant, occupant, or person having the care or control of premises subject to direct charge for services within the city.

“Organic materials” means any combination of food waste and green waste. Organic materials are a subset of organic waste.

“Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46).

“Owner” means the person holding the legal title or having a right to possession of the real property constituting the collection premises to which discarded materials collection service is provided or required to be provided hereunder.

“Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

“Person” means an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other entity whatsoever.

“Premises” means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated, including the property, easements abutting sidewalks, alleyways and the untraveled portion of an abutting public street.

“Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

“Process” or “processing” refers to the controlled separation, recovery, volume reduction, conversion, or recycling of recyclable materials or organic waste prior to the delivery of such material to an approved facility. Processing activities may include, but are not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

“Prohibited container contaminants” means the following: (1) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city’s recyclable materials container; (2) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city’s organic materials container; (3) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city’s organic materials container and/or recyclable materials container; and (4) excluded waste placed in any container.

“Public facility” includes, but is not limited to, buildings, structures, marinas, and outdoor recreation areas owned by a local agency.

“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

“Recyclable materials” means postconsumer waste material that, when separated from the waste stream, has value or reusable characteristics. Recyclable material shall include, but not be limited to, all California redemption value materials, cardboard, glass, plastics, newspaper and other paper products, and other materials as defined from time to time by the city manager or designee, or in an active collection agreement.

“Recycle,” “recycled,” or “recycling” is defined as a group of activities that results in the diversion from disposal and final use of materials to manufacture new products, including the process of collecting, sorting, cleansing, treating, reconstituting, or otherwise processing materials that are or would otherwise become solid waste and 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 area” means space allocated for collecting and loading of recyclable materials. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.

“Recycling program” means any organized effort established by the city to manage, divert, or recycle solid waste, organic waste, and/or recyclable materials as defined from time to time.

“Residential” means of, from, or pertaining to a single-family premises or multifamily premises, including single- family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments or other premises that are or may be designated as residential by the city.

“Responsible party” means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, “responsible party” shall mean the owner of a single-family premises, multifamily premises, or commercial premises.

“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

“Roll-off box” means an open-top container with a capacity of seven to forty cubic yards that is serviced by a roll- off collection vehicle.

“Route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

“Route review” means a visual inspection of containers along a route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

“SB 1383” means Senate Bill 1383 of 2016, approved by the Governor on September 19, 2016, which added California Health and Safety Code Sections 39730.5, 39730.6, 39730.7, and 39730.8, and added California Public Resources Code Division 30, Part 3, Chapter 13.1 (commencing with Section 42652), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

“SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

“Self-haul,” or any variation thereof, means the removal and transport of discarded materials by any: (1) commercial business owner, operator, property manager, or employee; (2) multifamily building owner, property manager, or employee; (3) residential generator; or (4) any other generator type, to an approved facility or other expressly approved site; provided, that they use their own vehicle and the discarded materials were generated in or on their own premises. “Self-haul” includes a generator who backhauls waste, as defined in 14 CCR Section 18982(a)(66)(A). “Self-haul” does not include any contractors or other entities that receive compensation for discarded materials removal service.

“Single-family dwelling unit” or “single-family” means any residential premises with less than five dwelling units, excluding bungalows in a bungalow court and mobile homes.

“Solid waste” has the same meaning as defined in California Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in the California Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the State Radiation Control Law, California Health and Safety
Code Division 104, Part 9, Chapter 8 (commencing with Section 114960).

3. Medical waste regulated pursuant to the State Medical Waste Management Act, California Health and Safety Code Division 104, Part 14 (commencing with Section 117600). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to California Public Resources Code Division 30.

   4. Recyclable materials, organic waste, and construction and demolition debris when such materials are source separated.

“Source separated” means the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, processing, recovery, or reuse.

“Standard automated cart” means a plastic container with or without wheels, provided by the city of Bakersfield for automated service purposes. Such containers are typically sixty to three hundred gallon capacity and designed to be serviced by side-loading automated equipment.

“Standard container” means a metallic or plastic can or disposal polyethylene or plastic bag of sufficient strength to prevent them being broken under ordinary conditions. They shall have a maximum capacity of thirty-two gallons and such cans shall not exceed eighty pounds and such bags shall not exceed forty pounds when filled. Cans shall be equipped with a fly-tight cover, cover handles, and side bales. Bags shall be secured at the top.

“State” means the state of California.

“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

“Swill” means all classes of putrefactive and easily decomposable animal or vegetable matter that is mixed with liquid and subject to immediate decay and which has some property value.

“Tier one commercial edible food generator” means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982:

1. Supermarket;

2. Grocery store with a total facility size equal to or greater than ten thousand square feet;

3. Food service provider;

4. Food distributor; or

5. 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 of the following, each as defined in 14 CCR Section 18982:

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five
thousand square feet.

2. Hotel with an on-site food facility and two hundred or more rooms.

3. Health facility with an on-site food facility and one hundred or more beds.

   4. Large venue.

   5. Large event.

   6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

   7. 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.

“Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).

Whenever any Bakersfield Municipal Code section, state statute or any other law or regulation is used herein it shall be understood to be the code section, statute, law or regulation as currently constituted or as later amended. (Ord. 5076 § 2, 2022; Ord. 4671 § 1, 2012; Ord. 3605 § 1, 1994)

A. Whenever any place, premises or use of property has accumulated discarded materials which require special handling or are not prepared in accordance with Section 8.32.130 or which are not regularly collected and charged for under the provisions of this chapter or which have not been regularly collected due to obstruction or other factors impeding pickup during scheduled collection, or which require or request additional containers (if on automated type service), or which require abatement of illegal dumping activities or unsanitary premises violations, or which are placed in a commercial container in a compacted state, collection and/or removal of such discarded materials shall be considered a special collection.

B. Charges for such special collections shall be identified in Section 3.70.040 and the related resolution setting fees. Such charges may be adjusted from time to time to reflect the actual total cost of providing such service. Properties served by standard automated carts which require or request additional containers shall be charged an additional fee for each additional container as established from time to time. Whenever any property has containers which are not placed in accordance with Section 8.32.120, there may be levied a penalty as set forth in the general penalty provision of Section 1.40.010.

C. Whenever any place, premises or use of property has damaged a container through a negligent act or acts, a charge equivalent to the actual replacement cost or repair shall be assessed the occupant as defined in this chapter. Actual replacement or repair costs shall be determined by the city manager or designee.

D. Industries in the city, not the city, shall be responsible for the proper collection and removal of industrial waste from industrial premises. The city manager or designee shall determine what is and what is not industrial waste. (Ord. 5076 § 3, 2022; Ord. 3605 § 1, 1994)

A. A charge set by the city council for discarded materials management services shall be a civil debt owing to the city from the owner and/or occupant of the property.

B. Any service user and/or property owner who fails or refuses to pay such charges shall be subject to a penalty as set forth in the general penalty provision, Section 1.40.010.

C. Said additional charges shall be applicable only in the event that it becomes necessary for the city to commence legal action to collect the charge. (Ord. 5076 § 4, 2022; Ord. 3939 § 2, 1999; Ord. 3605 § 1, 1994)

A. The charges set by the city council for discarded materials management services may be billed to the property owner who may collect such charges imposed against the occupants of such unit or units located on such premises, and shall transmit the amount so collected to the city.

B. In the event the property owner fails to collect such charges from any such occupant and remit the same to the city, the property owner shall be liable to the city for payment of such charges. (Ord. 5076 § 5, 2022; Ord. 3939 § 3, 1999; Ord. 3605 § 1, 1994)

A. The collection of the charges shall be under the direction, supervision and control of the finance director.

B. Collection of charges for single-family dwelling units, duplexes, triplexes, fourplexes and other dwelling units receiving residential service shall be submitted by the finance director to the Kern County auditor-controller and tax collector, and to such other county officers as may be required, for placement of such charges as assessments on the secured roll of the county and he or she shall request that the tax collector each year collect and enforce the assessments in the same manner as ad valorem property taxes. With respect to all other charges (including commercial and multifamily discarded materials bin accounts), the finance director may require billings to be paid up to three months in advance; provided, that the first monthly charges shall be prorated.

C. The finance director may make refunds of advance payments on the same pro rata basis if requested in writing in affidavit form by the depositor within three months from the date of any termination of an account, otherwise no refund shall be made. Adjustments for any increase or decrease of service shall otherwise be made only on a monthly basis.

D. All charges set by the city council for discarded materials services or otherwise imposed in this chapter are due and payable on the first day of the month and become delinquent after the last day of the month. Interest at the rate of one percent per month shall be added to any delinquency. Should the city resort to court action to collect amounts due, the city shall be entitled also to collect its reasonable costs, including attorneys’ fees. (Ord. 5076 § 6, 2022; Ord. 4892 § 1, 2017; Ord. 4672 § 1, 2012; Ord. 4630 § 1, 2010; Ord. 4595 § 1, 2009; Ord. 3939 § 4, 1999; Ord. 3679 § 1, 1995; Ord. 3605 § 1, 1994)

The finance director shall have the power and duty, and is directed to enforce the provisions of this chapter relating to the billing and collection of charges for city discarded materials management services, and may make such rules and regulations as are consistent with the provisions of this chapter as may be necessary or desirable to aid in such administration and enforcement. (Ord. 5076 § 7, 2022; Ord. 3605 § 1, 1994)

It is unlawful and declared to be a public nuisance for any owner and/or occupant to permit the accumulation of solid waste to become or remain offensive, unsightly, or unsafe to public health or hazardous from fire, or to deposit, keep, or accumulate, or permit or cause any solid waste to be deposited, kept, or accumulated upon any lot or parcel of land, or any public or private place, street, lane, alley, or driveway, except as provided in this chapter. The city manager or designee may take action to abate the nuisance pursuant to the procedures set forth in Chapter 8.80 of this code. (Ord. 5076 § 8, 2022; Ord. 3605 § 1, 1994)

It is unlawful for any person or persons to place, deposit or dump, or cause to be placed, deposited or dumped upon any right-of-way, street or thoroughfare, or upon any public or private property, or on any premises, or in any discarded materials container, without the permission of the owner thereof, of solid waste, recyclable materials, organic waste, bulky items, construction and demolition debris, or other material of any kind whatsoever. (Ord. 5076 § 9, 2022; Ord. 3605 § 1, 1994)

materials—Abatement.

It is unlawful for any person or persons to remove recyclable materials from any containers identified as being provided for a city approved recycling program. This provision does not preclude a property owner from separating and hauling recyclable materials generated on the premises. (Ord. 5076 § 10, 2022; Ord. 3605 § 1, 1994)

Every person who is the owner of any single-family, multifamily, or commercial property shall at all places or premises in the city maintain sufficient clean containers, free from jagged edges and in good repair and strength to hold all discarded materials created, produced, or accumulated on the premises between regular collections as established and approved by the city manager or designee. In the event that a conflict exists between the property owner and the person in charge or control of the property on a day-to-day basis, the property owner shall be responsible for compliance with this code.

A. City shall have the authority to determine the appropriate size for each discarded materials container. A sufficient number of containers shall mean, but not be limited to, the following:

1. For single-family dwelling units, a minimum of one container for solid waste, one container for recyclable
materials, and one container for organic materials.

2. For multifamily dwelling units, a minimum of one container for solid waste, one container for recyclable
materials, and one container for organic materials per unit, unless another requirement is set by the city
manager or designee.

3. For commercial premises, or other places, premises and uses of property, a minimum of one container
for solid waste, one container for recyclable materials, and one container for organic materials per unit,
unless another requirement is set by the city manager or designee.

4. Commercial generators and multifamily dwelling units shall:

a. Supply and allow access to adequate number, size, and location of collection containers with
sufficient labels or colors (conforming to subsection (A)(5) of this section) for employees, contractors,
tenants, and customers consistent with city’s container requirements.

b. Periodically inspect source separated recyclable materials and organic materials containers for
contamination and inform employees if prohibited container contaminants are found and of the
requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR
Section 18984.9(b)(3).

5. Commercial businesses shall:

a. Provide containers for the collection of source separated organic materials, recyclable materials, and solid waste in all indoor and outdoor areas where discarded materials containers are provided for customers, for materials generated by that business, in accordance with the city’s discarded materials collection system and applicable collection agreement(s). Such source separated containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either or both of the following:

i. A body and/or lid that conforms with the colors of the recyclable materials, organic materials,
and solid waste collection containers provided through the city’s discarded materials collection
program, for each material type; and/or

ii. Container labels that comply with the requirements of 14 CCR Section 18984.8 and include
language or graphic images, or both, indicating the primary materials accepted and the primary
materials prohibited in that container. Labels shall clearly indicate primary items that are prohibited
container contaminants for each container. Pursuant to 14 CCR Section 18984.8, the container
labeling requirements are required on new containers commencing January 1, 2022.

Notwithstanding this subsection, a commercial business is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not comply with the requirements of
this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036,
whichever comes first.

6. If any place, premises, or use of property accumulates or generates twelve or more cubic yards of
discarded materials per day, the city manager or designee may require the occupant to provide and install a
compactor or roll-off box of sufficient capacity to hold accumulated solid waste, recyclable materials, or
organic materials.

7. Properties receiving automated type services are limited to one standard automated cart of given
capacity each scheduled service day, unless additional cart service has been requested by occupant and
proper payment for said service provided.

8. All discarded materials containers, as defined in this chapter, shall be maintained in a clean and sanitary
condition at all times by the owner and/or occupant of the property.

B. When not being filled or emptied, all containers must be kept tightly closed. It is unlawful for any person, not authorized to do so, to open such containers to collect, remove, or to scatter the discarded materials stored therein. (Ord. 5076 § 11, 2022; Ord. 3605 § 1, 1994)

For collection purposes, every person shall place discarded materials containers in accordance with the following rules and regulations:

A. In those portions of the city where there is an alley abutting the premises, all properly prepared discarded materials shall be placed adjacent to the alley as near as possible to the property line, except when impracticable; such containers shall be placed as directed by the city manager or designee.

B. In those portions of the city where there are no alleys, properly prepared discarded materials shall be placed adjoining the private driveway, where feasible, as near the front of the house as practicable, but in no case more than fifty feet distant from the curbline adjacent to the street from which such driveway extends. Standard automated cart service requires containers be placed at a curbside or alley location or as determined by the city manager or designee.

C. Discarded materials containers shall be placed on or near ground level, or if necessary a rack, not to exceed two feet above the ground, shall be constructed so that the containers will not tip over.

D. In no event shall the collector be required to collect residential discarded materials through any gate, nor shall such collector be required to collect discarded materials through any trellis, pergola, arbor, clothesline, carport or within any enclosed structure, unless otherwise specified in an active collection agreement. It shall be the responsibility of the person receiving discarded materials management service to provide free and proper access to discarded materials containers.

E. Standard automated carts supplied by the city of Bakersfield shall be placed at a location determined by the city manager or designee. Residents receiving standard automated cart service are required to place all discarded materials in supplied containers for removal.

F. Bins shall be placed on four-inch concrete slabs at grade level or on slabs of similar construction or material if approved by the city manager or designee. Requirements are delineated in city specifications.

G. Recycling areas shall be provided for all development projects, improvements, and public facilities as defined, or demonstrate reasonable proximity to an existing buyback or drop-off recycling center to allow daily removal of recyclables. Containment areas shall at a minimum be one hundred percent duplicated from either the existing enclosure/containment area size or those depicted in city specifications. All development projects shall comply with the requirements of the California Green Building Standards Code, 24 CCR Part 11 as amended July 1, 2019, and effective January 1, 2020, as adopted by the city under Chapter 15.19 of this code.

H. The city manager or designee may require an enclosed structure around containers if an unenclosed container is determined to be unsightly. (Ord. 5076 § 12, 2022; Ord. 3605 § 1, 1994)

A. For the protection of the collector and efficient handling, all discarded materials shall be placed in the appropriate discarded material containers unless otherwise provided for in this section. All solid waste shall be placed in the solid waste container, all source separated recyclable materials shall be placed in the recyclable materials container, and all organic materials shall be placed in the organic materials container. Said containers shall be kept free of all liquids and further prepared in the following manner:

1. Discarded materials are to be securely placed in either a cart, bin, compactor, or roll-off box.

2. Swill, when the city manager or designee determines a premises is producing it in sufficient quantities so
as to be salvageable, shall be separately accumulated in standard containers, or otherwise disposed as solid
waste.

3. Animal or human excrement and all types of disposable diapers must be wrapped securely and placed in
solid waste containers or standard automated carts.

4. Grass clippings are to be placed in organic materials containers or cardboard containers, provided such
containers do not exceed fifty pounds in weight when served by the collector. Cardboard containers will be
taken unless otherwise indicated that they are to remain. Areas served by standard automated carts are
required to place all grass clippings in the cart; no other container shall be serviced.

5. Green waste, including shrubbery and brush trimmings, with branches not over one and one-half inches
in diameter shall either be securely tied in bundles on both ends not exceeding four feet in length or eighteen
inches in diameter, or placed in cardboard containers that, including their contents, do not exceed three cubic
feet each nor fifty pounds in weight. Such material shall not be placed in any discarded materials container.
Exception: Standard automated cart areas shall cut branches to fit inside container. Branches must be cut to
a sufficient length allowing material to freely fall from standard automated carts when inverted by mechanical
means.

6. All ashes must be thoroughly cold by the day of collection; residential ashes must be placed in a
disposable cardboard box not to exceed fifty pounds or disposed in a manner approved by the city manager
or designee. Ash may only be placed in automated carts after complete cooling is accomplished in a properly
secured plastic or paper bag.

7. Containers, cardboard boxes, or other receptacles containing grass clippings, weeds or leaves may also
contain dirt which is incidental to such green waste; provided, that the maximum permitted weight is not
exceeded; under no circumstances is sod to be placed out for removal by the collector.

8. Any discarded materials not prepared in accordance with this section need not be handled by the
collector, unless otherwise specified in an active collection agreement, and if allowed to lie about and accumulate for any length of time shall be deemed in violation of Section 8.32.140. (Ord. 5076 § 13, 2022; Ord.
3605 § 1, 1994)

A. It is unlawful for any person to collect, remove or dispose or to enter into any agreement to collect, remove or dispose or to allow the collection, removal or disposal of, solid waste or swill, unless such person making such collection, removal or disposal, is the collector as defined in Section 8.32.020.

B. It is unlawful for any person to collect, remove or dispose or to enter into an agreement to collect, remove or dispose or allow the collection, removal, processing, or disposal of any salvageable materials, recyclable materials, or organic materials, unless such person making such collection, removal, processing, or disposal, is the collector as defined in Section 8.32.020.

C. It is unlawful for any person to collect, remove or dispose or to enter into an agreement to collect, remove or dispose or to allow the collection, removal, processing, or disposal of discarded materials unless such person making such collection, removal, processing, or disposal, is the collector as defined in Section 8.32.020 or is an approved self-hauler as defined in Section 8.32.020; provided, however, that every person engaging in the business of gardening or landscaping is authorized to collect, remove, and transport green waste as an incident to such business to the approved organic waste processing facility.

D. Any person in the city authorized as a collector shall collect on predetermined, regularly scheduled days as required by the city manager or designee.

E. Transportation of all discarded materials or swill by authorized collectors shall be in leakproof and flyproof containers or in leakproof vehicle bodies or compartments fitted with sliding or hinged covers, which shall be kept closed at all times, except that one cover at a time may be open during loading. All such containers, vehicle bodies and compartments must be kept clean at all times.

F. Transportation of all discarded materials shall be in vehicles so constructed and equipped that said discarded materials cannot be blown, sifted through, nor allowed to fall upon any street, lane, alley, or driveway.

G. Disposal requirements shall be as follows:

1. It is unlawful at any time for any person, including the collector, to burn or bury any discarded materials
within the city except at the approved disposal facility or other approved areas and then only in accordance
with the rules and regulations governing the use of these disposal areas.

2. It is unlawful at any time for any person, including the collector, to dump discarded materials at any
place within the city except at the approved facility(ies), unless such other places have been approved by the
city.

3. It is unlawful at any time for any person, including the collector, to bury any discarded materials within
the city, except at the applicable approved facility or other approved areas.

H. All discarded materials shall otherwise become the property of the city upon the authorized collection thereof as provided in this chapter.

I. Collectors providing discarded materials collection services shall meet the following standards as a condition of approval of its collection agreement with the city to collect discarded materials:

1. All discarded materials shall be removed from the premises and transported and properly disposed at
the applicable approved facilities, all in compliance with applicable sections of this code, no less than once per
week, or another frequency determined by the city manager in compliance with applicable law.

2. Through written notice to the city, submitted at the same time as the collector’s annual report, identify
the facilities to which they will transport discarded materials, including facilities for source separated
recyclable materials, source separated organic materials, and solid waste, unless otherwise stated in the
collection agreement with the city.

3. Transport discarded materials to the applicable approved facility for each discarded material type or to
the approved transfer facility for subsequent transfer to the applicable approved facility for each discarded
material type, as follows:

a. Transport source separated recyclable materials to the approved recyclable materials processing
facility that recovers those materials;

b. Transport source separated organic materials to the approved organic waste processing facility,
operation, or activity that recovers organic waste, in accordance with 14 CCR Division 7, Chapter 12,
Article 2;

c. Transport solid waste to the approved disposal facility or operation that processes or disposes of
solid waste;

d. Transport manure, if separately collected in accordance with an active collection agreement, to a
facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not
disposed.

e. Organic waste shall not be used as alternative daily cover or alternative intermediate cover.

J. Facility operators and community composting operations shall comply with the following requirements:

1. Owners of facilities, operations, and activities located in the city’s boundaries that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.

2. Community composting operators with operations located in the city’s boundaries, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days.

3. Owners of facilities, operations, and activities located in the city’s boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city on a quarterly basis copies of all reports they are required to report to CalRecycle under 14 CCR Section 18815.9.

K. Self-haulers shall comply with the following requirements:

1. Generators or other approved entities may opt to self-haul, as defined, their own discarded materials to
the applicable approved facility for each material type, with the express written permission of the city
manager or their designee; provided, that the generator’s own vehicle is used and the discarded materials are
generated on their own premises.

2. Self-haulers shall source separate all recyclable materials and organic waste materials (materials that the
collector otherwise collects in their organic materials and recyclable materials collection services) generated
on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul
organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

3. Self-haulers shall transport their source separated recyclable materials to the approved recyclable
materials processing facility that recovers those recyclable materials; and transport their source separated
organic waste to the approved organic waste processing facility, operation, activity or property that processes
or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high
diversion organic waste processing facility.

a. Self-haulers must properly separate all recyclable materials and organic materials and deposit
materials in appropriate containers or designated areas at the applicable approved facilities, and must
follow all other applicable rules and regulations.

4. Self-haulers must dispose of discarded materials at intervals determined satisfactory by the city manager
or designee in the written approval specified in subsection K of this section.

5. Self-haulers must establish an account at the approved facility(ies) where the self-hauler delivers
materials, or provide alternate arrangements deemed acceptable to the city manager or designee.

6. Self-haulers that are commercial businesses shall keep a record of the amount of source separated
organic waste delivered to each approved facility, operation, activity, or property that processes or recovers
organic waste; this record shall be subject to inspection by the city or county. The records shall include the
following information:

a. Delivery receipts and weight tickets from the entity accepting the waste.

b. The amount of material in cubic yards or tons transported by the generator to each entity.

c. If the material is transported to an entity that does not have scales on site, the self-hauler is not
required to record the weight of material but shall keep a record of the entities that received the organic
waste.

7. Self-haulers shall retain all records and data required to be maintained by this section for no less than
five years after the recyclable materials, organic materials, and/or solid waste was first delivered to the facility
accepting the material.

8. Self-haulers that are commercial businesses or multifamily premises shall provide copies of records
required by this chapter to city, upon request by the city manager or their designee, or at standard reporting
frequencies specified in the written approval or otherwise specified by the city manager or their designee.

9. A residential organic waste generator that self-hauls source separated organic waste is not required to
record or report information in subsection (K)(8) of this section.

10. Pursuant to 14 CCR Section 18815.9, food waste self-haulers are required to maintain records and
report to CalRecycle information on the tons of food waste self-hauled and the facilities or each use of such
material. Food waste self-haulers shall provide to the city on a quarterly basis copies of all reports they are
required to report to CalRecycle. (Ord. 5076 § 14, 2022; Ord. 4811 § 1, 2015; Ord. 3605 § 1, 1994)

A. It shall be the duty of every person who is the owner of any single-family, multifamily, or commercial property within the city to make arrangements for the proper collection and disposal of discarded materials generated or accumulated on the premises in accordance with this chapter.

1. It shall be the duty of every generator of discarded materials to participate in discarded materials
collection, by placing all discarded materials in the appropriate discarded material container as described in
Section 8.32.130.

a. Generators may self-haul discarded materials if they meet the self-haul requirements prescribed in
Section 8.32.140.

b. Generators may manage their source separated organic waste by preventing or reducing their
organic waste, managing organic waste on site, or using a community composting site pursuant to 14
CCR Section 18984.9(c) and as described in Section 8.32.140.

B. Commercial businesses and property owners of multifamily dwelling units shall:

1. Annually provide information to employees, contractors, tenants, and customers about organic waste
recovery requirements and about proper sorting of source separated recyclable materials and organic
materials per the requirements in the collection agreement and this chapter.

2. Provide education information before or within fourteen days of occupation of the premises to new
tenants that describes requirements to keep source separated organic materials and source separated
recyclable materials separate from solid waste and the location of containers and the rules governing their
use at each property.

3. Provide or arrange access for city or its designee to their properties during all inspections conducted in
accordance with Section 8.32.190 to confirm compliance with the requirements of this chapter.

4. If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.32.140.

C. Upon request, a person who is the owner of any single-family property within the city may receive a medical assistance service accommodation in the form of a smaller cart or alternative service location; provided, that the person presents the city with written medical verification from their current physician. The specific guidelines of the medical assist program shall be determined by the city manager or designee and may be published from time to time on the city’s website.

D. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 5076 § 15, 2022)

multifamily generators.

Commercial businesses and multifamily dwellings may apply for waivers where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this chapter with respect to any particular premises or where unnecessary hardship will be caused by complying with this chapter with respect to any particular premises. Under these circumstances, the city manager or their designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the city. Special written permits include:

A. De Minimis Waivers. The city may waive a commercial business or multifamily dwelling’s obligation to comply with some or all of the source separated organic materials collection requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (A)(1) of this section. Commercial businesses and multifamily dwellings requesting a de minimis waiver shall:

1. Submit an application specifying the services that the generator is requesting a waiver from and provide
documentation that either:

a. The commercial business’s total solid waste collection service is two cubic yards or more per week
and organic waste subject to collection in a recyclable materials or organic materials container comprises
less than twenty gallons per week per applicable container of the business’s total waste; or

b. The commercial business’s total solid waste collection service is less than two cubic yards per week
and organic waste subject to collection in a recyclable materials or organic materials container comprises
less than ten gallons per week per applicable container of the business’s total waste.

2. Notify the city if circumstances change such that commercial business’s waste exceeds the threshold
required for waiver, in which case the waiver will be rescinded.

3. Provide written verification of eligibility for de minimis waiver every five years, if the city has approved
the de minimis waiver.

B. Physical Space Waivers. The city may waive a commercial business’s or multifamily property owner’s obligations to comply with some or all of the organic waste collection service requirements if the city has evidence from its own staff, a collector, licensed architect, or licensed engineer, demonstrating that the premises lack adequate space for compliance with the organic waste collection requirements of this chapter.

A physical space waiver may also be requested if a commercial business or property owner documents that the premises lacks adequate space for source separated organic materials and recyclable materials containers.

Commercial business, business owner, or property owner requesting a physical space waiver shall:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a
compliance waiver.

2. Provide documentation that the premises lacks adequate space for recyclable materials containers and/
or organic materials containers including documentation from its collector, licensed architect, or licensed
engineer.

3. Provide written verification to city that it is still eligible for physical space waiver every five years, if city
has approved application for a physical space waiver.

C. Collection Frequency Waivers. The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the organic waste generator including owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s collection service to arrange for the collection of their recyclable materials container, solid waste container, or both once every fourteen days, rather than once per week. (Ord. 5076 § 16, 2022)

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Commercial edible food generators shall comply with the following requirements:

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 organization(s) or food recovery
service(s) for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the
commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall 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 officer 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 food recovery organization that collects or receives the
commercial edible food generator’s edible food pursuant to a contract or written agreement established
in accordance with 14 CCR Section 18991.3(b).

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

c. A record of the following information for each recovery service or food recovery organization:

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

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

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

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

6. No later than December 31st of each year, 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 their designee.

C. 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.

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 California Education Code Title 2, Division 4, Part 27, Chapter 9, Article 13 (commencing with Section 49580), and to amend California Health and Safety Code Section 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 5076 § 17, 2022)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator that the food recovery service collects edible food from.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator that the organization receives edible food from.

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement with the generators.

D. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than December 31st of each year.

E. Food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, to support edible food recovery capacity planning assessments or other studies that are conducted by the city or its designated entity. A food recovery service or food recovery organization shall respond to any request for information within sixty days unless another time frame is specified by the city. (Ord. 5076 § 18, 2022)

A. The enforcement officer or their designee shall be authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or the applicable approved facilities for materials collected from generators, or source separated materials to confirm compliance with Sections 8.32.140, 8.32.150, 8.32.160, 8.32.170, and 8.32.180 by commercial and residential generators, property owners, commercial edible food generators, collectors and self-haulers, and food recovery services and food recovery organizations, subject to applicable laws. Per Chapter 1.40 of this code, these powers include the power to issue administrative citations, the power to assess and collect civil fines and penalties as provided in this chapter. This section does not allow city staff to enter the interior of a private residential property for inspection, unless otherwise authorized by applicable law.

B. Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the enforcement officer or their designee during such inspections and investigations. The enforcement officer shall be authorized to enter upon any property or premises to ascertain whether there are violations of this code, and to make any inspections and investigations that may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter as may be necessary in the performance of the enforcement officer’s duties.

C. Failure to provide or arrange for access to an entity’s premises or access to records for any inspection or investigation is a violation of this chapter and may result in a determination that the generator is out of compliance with one or more requirements of this chapter.

If the property owner or other responsible person refuses permission to enter or inspect, the public official may seek an administrative inspection warrant pursuant to the California Code of Civil Procedure or as otherwise authorized by law. Following the obtaining of owner permission to inspect or a lawful inspection warrant, the public official is authorized to conduct examinations and surveys that may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All inspections, entries, examinations, and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements.

D. Beginning January 1, 2022, and through December 31, 2023, city or its designee will conduct inspections, route reviews or waste composition evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter. If the city or its designee determines that the organic waste generator, self-hauler, collector, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

1. For incidents of prohibited container contaminants found in containers, the city or its designee will issue
a notice of violation to any generator found to have prohibited container contaminants in their container.

E. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, collector, commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation and issue a notice of violation pursuant to Chapter 1.40 of this code and this chapter.

F. Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in California Government Code Section 6250 et seq.

G. The enforcement officer or their designee(s) are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

H. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

I. Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in Chapter 1.40 of this code and this chapter. (Ord. 5076 § 19, 2022)

A. The enforcement officer, city manager, and/or designee shall supervise the collection and removal of all discarded materials by the city and shall enforce the provisions of this chapter.

B. The city manager or designee shall establish routes and days for collection and may change same from time to time. When such routes and days are established or changed, they shall give such notice thereof as they may deem advisable.

C. In all cases where city manager or designee finds that practical problems are created by the requirements of this chapter as to the placement of discarded materials for collection by the city or collector, the city manager or designee shall designate where such discarded materials shall be placed or kept for collection and the conditions under which it shall be collected.

D. The city manager or designee shall make such rules and regulations not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the expeditious, economical and efficient collection and removal of discarded materials by the city or collector. Such rules and regulations may also relate to the required frequency of discarded materials collections at various locations, the type and number of discarded materials containers required, and the vehicles used in making such collections. The determination and approval of the city manager or designee shall be conclusive.

E. Process for Enforcement.

1. City manager or designee shall monitor compliance with the provisions of this chapter through
compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.32.190
establishes city’s right to conduct inspections and investigations.

2. City may issue an official notification to notify regulated entities of their obligations under this chapter.

3. For incidences of prohibited container contaminants found in containers, city or its designee shall issue a
notice of contamination to any generator or responsible party found to have prohibited container
contaminants in a container. Such notice will be provided via a cart tag or other communication immediately
upon identification of the prohibited container contaminants. If the city or its designee observes prohibited
container contaminants in a responsible party’s containers on more than three consecutive occasion(s), the
city may assess contamination processing fees or contamination penalties on the generator.

4. With the exception of violations of contamination of container contents addressed under this subsection,
city shall issue a notice of violation to noncompliant entities requiring compliance within sixty days of
issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Section 1.40.010.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the multifamily premises or commercial premises, or to the responsible party for the collection services, depending upon available information. (Ord. 5076 § 20, 2022; Ord. 3605 § 1, 1994. Formerly 8.32.150)

Any person violating any of the provisions of this chapter or willfully and knowingly refuses to comply with the rules, regulations and determinations of the city manager or designee shall be punished as set forth in the general penalty provision, Section 1.40.010. (Ord. 5076 § 21, 2022; Ord. 3605 § 1, 1994. Formerly 8.32.160)

If any part of this chapter is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter, and this city council hereby declares it would have passed the remainder of this chapter if such invalid portion had been deleted. (Ord. 5076 § 22, 2022; Ord. 3605 § 1, 1994. Formerly 8.32.170)