HomeMy WebLinkAboutORD NO 5076ORDINANCE NO.
ORDINANCE AMENDING CHAPTER 8.32, SECTIONS 8.32.010;
8.32.020; 8.32.030; 8.32.40; 8.32.50; 8.32.60; 8.32.070;
8.32.80; 8.32.090; 8.32.100; 8.32.110; 8.32.120; 8.32.130;
8.32.140; 8.32.150; 8.32.160; 8.32.170; 8.32.180; 8.32.190;
8.32.200; 8.32.210 AND 8.32.220 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO REFUSE/SOLID
WASTE/RECYCLING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 8.32, Section 8.32.010 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 8.32 Solid Waste/Recyclable Materials/Organic Waste
8.32.010 Declaration of policy.
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.
SECTION 2.
Chapter 8.32, Section 8.32.020 of the Bakersfield Municipal Code is hereby
amended to read as follows:
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8.32.020 Definitions.
"Alternative daily cover" or "ADC" has the same meaning as in Section 20690 of
Title 27 of the California Code of Regulations.
"Alternative intermediate cover" or "AIC" has the same meaning as Section
20700 of Title 27 of the California Code of Regulations.
"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.
"CalRecycle" means California's Department of Resources Recycling and
Recovery.
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"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 CCR).
"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 20,
35, 64 or 96 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).
"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
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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.
"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 100 cubic yards and 750 square feet; or as otherwise
defined in 14 CCR Section 18982(a)(8).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a) (4), which
stated, as of the effective date of 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).
"Compacted discarded materials" means any compacted waste material
placed into commercial containers for processing or disposal.
"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.
"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.
"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
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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
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citations for such violations in accordance with Chapter 5 of Title 3 of Part 2 of the
Penal Code of the State of California.
"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 multi -family solid waste after implementation of programs for the
safe collection, processing, recycling, treatment, and disposal of batteries and
paint in compliance with Sections 41500 and 41802 of the California Public
Resources Code. 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 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:
1. A food bank as defined in Section 113783 of the Health and Safety
Code;
2. A nonprofit charitable organization as defined in Section 113841 of
the Health and Safety code; and,
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3. 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).
"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 6,500 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.
"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).
"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 the Bakersfield Municipal Code or federal, state, or
local regulations.
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"Green waste" means types of organic waste resulting from normal yard and
landscaping installation, maintenance, or removal.
"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 slaughter -houses;
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 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 2,000 individuals within the grounds of the facility per
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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.
"Multi -family dwelling unit" or "multi -family" 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 is 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.
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"Paper products" include, but are not limited to, paperjanitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 CCR Section 18982(a) (51).
"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).
"Prohibited container contaminants" means the following: (i) 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; (ii) 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; (iii) 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, (iv)
excluded waste placed in any container.
"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.
"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).
"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).
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"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.
"Recyclable materials" means post -consumer 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.
"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 multi-
family 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, multi -family 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, multi -family 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).
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"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 Sections 39730.5, 39730.6, 39730.7, and 39730.8
to the Health and Safety Code, and added Chapter 13.1 (commencing with
Section 42652) to Part 3 of Division 30 of the Public Resources Code, 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.
"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.
"Self -haul" or any variation thereof, means the removal and transport of
discarded materials by any: i) commercial business owner, operator, property
manager, or employee; ii) multi -family building owner, property manager, or
employee; iii) residential generator; or, iv) 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 back -hauls 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.
"Solid Waste" has the same meaning as defined in State Public Resources Code
Section 40191, which defines solid waste as all putrescible and non-putrescible
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper,
rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned
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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 semi -solid 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 State Public Resources Code
Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control
Law (Chapter 8 (commencing with Section 1 14960) of Part 9 of Division 104
of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste shall
not be disposed of in a solid waste landfill, as defined in State Public
Resources Code Section 40195.1. Medical waste that has been treated and
deemed to be solid waste shall be regulated pursuant to Division 30 of the
State Public Resources Code.
(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 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.
"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.
"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).
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` ORIGINAL'
"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:
l . 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 250 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 189852(a)(76).
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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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
law or regulation as currently constituted or as later amended.
SECTION 3.
Chapter 8.32, Section 8.32.030 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.030 Special charges.
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 of
the Bakersfield Municipal Code 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 Chapter 1.40, Section 1.40.010 of the Bakersfield Municipal Code.
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.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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-- Page 15 of 39 Pages -- 'ORIGINAL�
SECTION 4.
Chapter 8.32, Section 8.32.040 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.040 Charge as debt against occupant of property —Penalty.
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 of the Bakersfield Municipal Code.
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.
SECTION 5.
Chapter 8.32, Section 8.32.050 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.050 Billing property owner.
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.
SECTION 6.
Chapter 8.32, Section 8.32.060 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.060 Billing, collection and payment of charges —Refunds.
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,
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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PoitIGINAL
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 multi -family 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.
SECTION 7.
Chapter 8.32, Section 8.32.070 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.070 Additional powers and duties to make rules and regulations.
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.
SECTION 8.
Chapter 8.32, Section 8.32.080 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.080 Accumulation unlawful —Abatement.
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,
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling �gAKF�
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OR!G1NAI
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.
SECTION 9.
Chapter 8.32, Section 8.32.090 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.090 Unlawful dumping —Abatement.
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.
SECTION 10.
Chapter 8.32, Section 8.32.100 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.100 Unlawful recovery/redemption of recyclable 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.
SECTION 11.
Chapter 8.32, Section 8.32.110 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.110 Required containers.
Every person who is the owner of any single-family, multi -family, 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
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OCQ!CINAL�
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 multi -family 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 multi -family dwelling units shall:
a. Supply and allow access to adequate number, size, and location of
collection containers with sufficient labels or colors (conforming to Section
8.32.110(5) below) 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
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OORIGINAL
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:
(1) 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,
(2) 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 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 the
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.
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'ORIGINAL,
ORIGINAL,
SECTION 12.
Chapter 8.32, Section 8.32.120 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.120 Collection points for discarded materials.
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.
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ORIGINAL
G. Recycling areas shall be provided for all development projects,
improvements, and public facilities as defined, or demonstrate reasonable
proximity to an existing buy-back 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, California
Code of Regulations, Title 24, Part 1 1 as amended July 1, 2019 and effective
January 1, 2020; as adopted by the City under chapter 15.19.
H. The city manager or designee may require an enclosed structure around
containers if an unenclosed container is determined to be unsightly.
SECTION 13.
Chapter 8.32, Section 8.32.130 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.130 Preparation of discarded materials.
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
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00RIGINAL
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.
SECTION 14.
Chapter 8.32, Section 8.32.140 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.140 Collection, processing, and disposal.
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.
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-- Page 23 of 39 Pages --
ORIGINAL'
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 leak -proof and fly -proof containers or in leak -proof 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.
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H. All discarded materials shall otherwise become the property of the city upon
the authorized collection thereof as provided in this chapter. (Ord. 4811 § 1, 2015;
Ord. 3605 § 1, 1994)
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: a,,; �
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling°�
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-- Page 25 of 39 Pages -- 96RIGIiNAL.®
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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.
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.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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ORIGINA.
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 Section 8.32.140(K).
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 multi -family 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 Section
8.32.140(8).
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0RIGINAL9
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.
SECTION 15.
Chapter 8.32, Section 8.32.150 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.150 Generator Requirements - Mandatory Services Required
A. It shall be the duty of every person who is the owner of any single-family,
multi -family, 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 of this Municipal Code.
B. Commercial businesses and property owners of multi -family 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.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling �AK���
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3. Provide or arrange access for city or its designee to their properties during
all inspections conducted in accordance with Section 8.32.190 of this
chapter 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 of this chapter.
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).
SECTION 16.
Chapter 8.32, Section 8.32.160 of the Bakersfield Municipal Code is hereby
amended and added to read as follows:
8.32.160 Generator Requirements - Waivers for Commercial and Multi -Family
Generators
Commercial businesses and multi -family 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 multi -family
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 Section 8.32.160(1) below. Commercial
businesses and multi -family dwellings requesting a de minimis waiver shall:
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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1. Submit an application specifying the services that the generator is
requesting a waiver from and provide documentation that either:
a. The commercial business' 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 20 gallons per week per applicable container
of the business' total waste; or,
b. The commercial business' 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 10 gallons per week per applicable container
of the business' total waste.
2. Notify the city if circumstances change such that commercial
business' 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'
or multi -family 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.
Ordinance Amending Chapter8.32, etc. Relating to Refuse/Solid Waste/Recycling o�gArt�
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CRIGINA±
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.
SECTION 17.
Chapter 8.32, Section 8.32.170 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.170 Generator Requirements - Commercial Edible Food Generators
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 services) for: (i) the collection of edible food
for food recovery; or, (ii) 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
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling �gAKF,
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'CRIGINA o
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:
(1) The name, address, and contact information of the food
recovery service or food recovery organization.
(2) The types of edible food that will be collected by or self -
hauled to the food recovery service or food recovery organization.
(3) The established frequency that edible food will be
collected or self -hauled.
(4) 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 31 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 ordinance 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
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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).
SECTION 18.
Chapter 8.32, Section 8.32.180 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.180 Edible Food Recovery Organizations and Services
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.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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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 CRR Section 18991.3(b) no later than December 31 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 timeframe is specified by the city.
SECTION 19.
Chapter 8.32, Section 8.32.190 of the Bakersfield Municipal Code is hereby
amended and added to read as follows:
8.32.190 Inspections and Investigations
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 of this code 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.
AKC9
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling o
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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
-NKC
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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-- Page 35 of 39 Pages -- 'ORIGINO
with this chapter, it shall document the noncompliance or violation and issue a
notice of violation pursuant to Chapter 1.40 and Chapter 8.32 of this code.
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 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 non -compliant 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 and Chapter 8.32 of this code.
SECTION 20.
Chapter 8.32, Section 8.32.200 of the Bakersfield Municipal Code is hereby
amended and added to read as follows:
8.32.200 Enforcement.
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.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling o``
Page 36 of 39 Pages -- `'ORIGINAL
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 Section 8.32.200(4), city shall issue a notice of
violation to non -compliant 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 of the
Bakersfield Municipal Code.
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 multi -family premises or commercial premises,
or to the responsible party for the collection services, depending upon
available information.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 37 of 39 Pages --
vOR1GIh�A1
SECTION 21.
Chapter 8.32, Section 8.32.210 of the Bakersfield Municipal Code is hereby
amended and added to read as follows:
8.32.210 Violation —Penalty.
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 of the Bakersfield Municipal Code.
SECTION 22.
Chapter 8.32, Section 8.32.220 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.220 Severability.
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.
SECTION 23.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
--------- 000----------
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 38 of 39 Pages --
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
FEB 2 3 1011 by the following vote:
AYES: COUNCILMEMBER: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY; FAft 1t—"'
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: P6117-1-1&
APPROVED: FEB 2 3 1011
By:
-�/Oa
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City At rney
'4eSputy
HUA H. RUDNICK
City Attorney
JHR:vlg
S:\COUNCIL\Ords\21-22\8.32.010, etc.Waste.(final2d reading).docx
C
JU IE DRIMAKIS,MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling 0,NK q,
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-- Page 39 of 39 Pages
vORIGINPI-
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 28th day of February, 2022 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 5076, passed by the
Bakersfield City Council at a meeting held on the 23rd day of February, 2022 and
entitled:
ORDINANCE AMENDING CHAPTER 8.32, SECTIONS 8.32.010; 8.32.020; 8.32.030;
8.32.40; 8.32.50; 8.32.60; 8.32.070; 8.32.80; 8.32.090; 8.32.100; 8.32.110; 8.32.120;
8.32.130; 8.32.140; 8.32.150; 8.32.160; 8.32.170; 8.32.180; 8.32.190; 8.32.200;
8.32.210 AND 8.32.220 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
REFUSE/SOLID WASTE/RECYCLING.
JULIE DRIMAKIS,_MMC
City Clerk and Ex Officio of the
Council of the City -of Bakersfield
y:
TY City Clerk
SADOCUMENT\FORMSWOP.ORD.wpd