1.        Why is the Bear Valley Community Services District requiring residents to separate their household waste into three different bins: Mixed Recycling, Organic (Food) Waste, and Household Waste?

California’s SB 1383 was passed in 2016 to divert organic waste out of the waste stream to reduce emissions of short-lived climate pollutants and reduce organic waste in landfills. It set a target of a 50% reduction by 2020 and a 75% reduction by 2025.

The CSD was originally told by Kern County and CalRecycle that it was exempt from these requirements. Unfortunately, this was based on a misunderstanding on their part that most of the parcels in BVS are above 4,500 feet in elevation. In fact, only 40% of parcels are above 4,500 feet, and many of these are undeveloped. Nearly two-thirds of the developed parcels in BVS are below 4,500 feet in elevation.

Once Kern County and CalRecycle received the updated information for elevation and population density waivers, they informed the CSD that we must comply with the requirements for the parcels that do not meet either waiver’s qualifying criteria.

 

2.        Why is the CSD forcing residents to separate their waste?

Under SB 1383, the CSD could be penalized for failing to comply with the requirements, including enforcement. Violations could result in CalRecycle issuing a Notice of Violation and penalties of up to $10,000 per day. The CSD is required to adopt ordinances mandating participation and enforcement for all households that don’t qualify for a waiver. The deadline for compliance and enforcement was January 1, 2024. However, due to the confusion between Kern County and CalRecycle, the CSD missed this deadline.

Under 14 CCR section 18997.2, the CSD is required by the state to adopt an ordinance that addresses noncompliance, which must include imposing penalties:

• $50-$100 per violation for the first violation
• $100-$200 per violation if the entity is found in violation a second time for the same violation within one year of the first levied penalty
• $250-$500 per violation if the entity is found in violation for any additional violations of the same section within one year of the first levied penalty

 

3.        Why did the CSD not send out information sooner on the requirement to separate household waste? Why is the community not being kept informed about these changes?

The CSD has been working with Kern County and CalRecycle since summer 2025. Staff has been informing the Board and Committees that these changes were looming as information was received from Kern County and CalRecycle. The CSD did not receive a final determination on the requirements to comply until May 15, 2026, and has been working with Waste Management on the changes needed at the Transfer Station to comply.

The CSD sent out information on the upcoming changes as part of the monthly newsletter for June and July. The CSD also posted on social media and the CSD website that the changes were coming and that more information would follow as soon as the details became available.

 

4.        There are waivers for low-population and high-elevation areas. Why is BVS not exempt under one of these waivers?

Almost half of BVS (the census tract west of Cub Lake) qualifies for the low population density waiver. Only 1,460 parcels qualify for the 4,500-feet elevation waiver. Some of these are already counted in the low population density waiver, and many are undeveloped. About 983 parcels in the other half of BVS do not qualify for the elevation waiver and must comply with SB 1383.

About one-third of developed parcels must comply with these requirements. It would be an administrative burden to check everyone who comes into the Transfer Station to determine if they must comply or qualify for a waiver. It would also create a logjam at the entrance and long lines of people waiting to get in. Rather than do that, the District will enforce the requirements for everyone to keep the process running smoothly.

 

5.        Why is the CSD not offering curbside pickup like other communities?

The CSD worked with Waste Management to determine if this was a viable option. However, due to the narrowness of our roads, low-hanging electrical and communication lines, high speed limits, and, in some cases, trees in the roadways, Waste Management is unable to provide trucks to pick up at curbside like in more urban areas.

 

6.        Will residents receive separate waste cans to separate the different types of waste?

No. Residents are required to separate the three types of waste before arriving at the Transfer Station. Each household can determine how best to store the waste until they are ready to take it to the Transfer Station. The flyer that was provided by Waste Management and published by the CSD was specific to commercial accounts, but describes what items qualify for each type of waste (CRV recycling, Organic/Food, Household).

 

7.        Are plastic bags acceptable for items being placed in the recycling container and organic/food waste container?

No. Plastic bags cannot be used for anything other than the household waste container. Paper bags may be disposed of in the organic waste container. Plastic bags are NOT allowed in the organic waste container. There are only limited types of compostable bags that are compliant with ASTM D6400, which includes:

• 90% biodegradation within 180 days
• Physically break down into pieces smaller than 2mm within 84 days
• Industrial composting temperature (55-60 degrees Celsius)
• Cannot exceed heavy metal concentration thresholds
• Resulting compost can’t negatively affect plant growth

Since it would be difficult for staff to determine whether compostable bags discarded into the organic waste containers meet these requirements, the District will not allow their use at the Transfer Station.

 

8.        Will green waste go into the organic waste containers?

No. Residents will continue to discard green waste at the existing green waste location of the Transfer Station.

 

9.        Will the dumpsters at the Transfer Station be designated for each type of waste?

The dumpsters at the Transfer Station have been designated (signs clearly posted) for either household waste or mixed recyclables for many years. The CSD has been required to segregate mixed recyclables long before SB 1383 was passed in 2016.

The change in the dumpsters will be a third set of containers that will be designated for organic (food) waste. There will also be enforcement requirements to comply with SB 1383. Transfer Station employees will be informing residents of the requirements and placement of waste in the proper containers.