KERN COUNTY, Calif. — After six successful protests shot down universal collection areas in fourteen areas around Kern County, the clock is ticking for Kern County to come into full compliance with SB 1383.
The way forward appears to be enacting a self-haul option as well as a residential composting option, something rural Kern County residents have been advocating for ever since universal collection areas were first announced.
“The way SB 1383 has been implemented through the regulation has given local government maximum flexibility for how to get to that requirement,” said CalRecycle Director Rachel Machi Wagoner
SB1383 requires the separation of organic waste in trash collection. Universal collection areas that used a 3 bin system were how Kern County chose to comply, but after successful protests, Kern County has to find other ways.
Rural residents who helped shoot down the universal collection have advocated for a self hauling option, which Wagoner says looks like the way forward.
“I think that’s really how the 218 process is meant to work, where you have a local community that says they'd prefer to continue with self haul and then pay the government to handle our waste for us.”
With this system, residents would separate their trash themselves and then take it to a facility that could compost. If a resident is already composting at their own residence, as many rural Kern County Residents do, that would also be compliant with the law.
“So you would have as an individual, I would basically have to sign an affidavit that says I compost or I self Haul and I’m doing that and then Kern County would be responsible for ensuring that is the case.”
With universal collection areas approved and in place for a majority of the county, the county is currently at eighty percent compliance with SB1383, according to Public Works Director Joshua Champlin.
SB1383 was intended to be implemented by local jurisdictions by 2022, but an agreement with CalRecycle extended that date.
“We have a corrective action plan for the state of California, CallRecycle, and our goal was to come into compliance by March first of 2024. It’s clearly not going to make that,” said Champlin.
If Kern County isn’t fully compliant by March first 2024, the County could be subject to a fine of up to 10,000 dollars per day that would come from the county’s general fund.
“The law is very clear on our responsibilities here and SB 619, which allowed them to have a compliance action plan and delay full implementation beyond the 2022 date, didn't provide for extensions, didn't provide for amendments. So we have to enforce the law that's before us,” said Wagoner
When asked how much the potential fine would be, Wagoner would only say that right now her focus is on helping Kern County come into compliance and that CalRecycle wants to hear from Kern County Residents about what would work for them.
“We have local assistance staff designated for every jurisdiction in the State of California, so come talk to us, let’s figure out a plan moving forward.”
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