“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:

“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:

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:

“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:

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:

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).