Kern County Grand Jury • 2020-2021

Special Districts Committee Jerry Troxel, Gary Chaffin Pete Krebsbach Donna Schaffel Chairperson Mission Statement

60 pages

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Findings and Recommendations 35 findings

Landfills have a network of piping for the collection and disposal of methane gas that each facility generates. There is a horizontal grid of buried pipelines every 40 to 50 feet in depth connected to a series of vertical wells drilled to capture the methane gas that is generated. This methane gas is collected and flared (burned) at each facility.

No recommendations for this finding

Landfills producing methane gas are monitored 24/7 with the data collected at the KCPW headquarters. These facilities are permitted and monitored by the Kern County Air Pollution Control District: Active Landfills: Average Flow Rate Yearly Total Bena Sanitary 1,214.8 SCFM* 612,709,405 SCF Ridgecrest Sanitary 118.1 SCFM 59,212,645 SCF Shafter-Wasco Sanitary 285.5 SCFM 147,716,189 SCF Tehachapi Sanitary 64.6 SCFM 32,120,413 SCF Inactive Landfills: Arvin Sanitary 190.1 SCFM 79,606,149 SCF China Grade 217.2 SCFM 75,598,270 SCF Kern Valley 77.0 SCFM 21,559,375 SCF McFarland-Delano 110.9 SCFM 15,126,337 SCF Totals: 2,278.2 SCFM 1,043,648,783 SCF *(Standard Cubic Feet per Minute)

No recommendations for this finding

At the Bena Landfill, a $12 million capital investment is being evaluated by a 3rd party contractor to treat and compress this methane gas for sale to a natural gas transmission system. The other landfills within Kern County do not generate enough methane to justify the expenditure.

No recommendations for this finding

Landfills have Gatekeepers assigned to each location to direct the self-haulers to the correct area within the facility. One of the Gatekeeper’s responsibilities is to eliminate any lost time for the franchise haulers while at the “face” of the dump site.

No recommendations for this finding

A major concern at landfills is the self-haulers who are not inspected by the Gatekeepers and dump their load into the landfill. This “trash” may contain green waste, recyclables and hazardous materials that must then be hand removed from the landfill and taken to a diversion site located at each landfill. Load Checkers at the “face” make random inspections to check these loads for household hazardous waste.

Related Recommendations (1)

Kern County Public Works should implement the Capital Expenditures for the diversion sites to eliminate self-haulers from dumping trash at the landfill “face”. (Findings 4, 5, 6 and 32c)

When the self-hauler is inspected by the landfill Gatekeeper, the self-hauler is directed to the diversion site set up to properly dispose of the waste, assuring that it does not become part of the landfill. The large diversion site at each landfill is a collection of several small specialty sites designed to collect and recycle specific products.

No recommendations for this finding

The Transfer Stations have Gatekeepers who direct the self-haulers to the designated collection sites to off load their waste. Transfer stations are important in the reduction of GHGs.

No recommendations for this finding

Everything deposited at the diversion sites and transfer stations are sold for profit. Year to date, these facilities have generated $1,258,304 to offset the cost of labor: a. Used tires, mattresses, old appliances, electronics, cardboards, old concrete (used for road base) and tree stumps are things that generate revenue. b. Lumber piles are chipped and sold to the Mt. Poso Cogeneration Plant as fuel. c. Large branches, leaves, grass and small yard waste are processed and sold as compost. d. Labor cost is reduced by using the Kern County’s Sheriff’s Work Release Program.

No recommendations for this finding

The Solid Waste Enterprise Fund is the means by which Kern County operates the Solid Waste Management System. This Fund has three main sources of revenue:  Gate and Bin Fees: All non-residential waste is subject to a fee. Tires and construction debris, however, are classified as nonresidential waste regardless of where the waste is generated. Disposal fees are site specific due to the availability of programs at these facilities.  Land Use Fee: All residential parcels within Kern County are charged an annual land use fee. This fee appears on property tax bills as KCSWMP Land Fee. Vacant property is not charged a land use fee. Green Waste Facility The City of Bakersfield, Department of Public Works Solid Waste & Recycling Division owns and operates the Mt. Vernon Green Waste Facility located at 2601 South Mt. Vernon Ave., Bakersfield, California. The facility was built in 1992, starting with a five acre plot and has grown to 97 acres. The site is designated for a maximum permitted throughput of 976 tons per day of generated food, green materials and wood waste. The facility accepts green waste from both metropolitan and nonmetropolitan franchise haulers. Currently, the facility processes 650 tons per day, with the capability to process an additional 326 tons per day. This facility is a low emission composting facility using both windrow and ASP (Aeration Static Piles).

No recommendations for this finding

F10

The estimated replacement cost today for a facility this size would be $50 million.

No recommendations for this finding

F11

The windrow process is being replaced by ASP because it uses excessive amounts of electricity and water and is labor intensive with the use of large motorized tillers, front end loaders and dump trucks to move the material. It will also reduce the footprint, thereby allowing the Bakersfield City Public Works to apply for a new land use permit to process additional green waste in the future.

Related Recommendations (2)

Bakersfield City Public Works should apply for a new Land Use permit to process additional food and green waste in the future. (Finding 11)

Employees should use company vehicles when available to minimize the use of personal vehicles and subsequent mileage reimbursement. (Finding F11)

F12

The residential green carts that are collected by the franchise haulers may contain “dirty” material (household trash, glass, metals, and other miscellaneous items). This “dirty” material is loaded onto a sorter to remove all non-compostable materials and then transported by a conveyor belt to the ASP.

No recommendations for this finding

F13

Presently, 11,000 tons per year of mixed paper is blended with green waste and made into compost.

No recommendations for this finding

F14

Twenty years ago, the BCPW management, working with Dreyer’s Ice Cream, initiated a pilot program for the disposal of food waste. Today, 30 tons per day (approximately 11,000 tons per year) of food waste from Dreyer’s is successfully processed at the green waste facility.

No recommendations for this finding

F15

Under the current law, food and food-soiled paper must be recycled. Another 25,000 tons of commercial litter (paper bags, soda cups, food wrappers, paper food trays) is blended with green waste for compost.

No recommendations for this finding

F16

The food waste delivered to the landfills at Shafter-Wasco and Ridgecrest must first be blended with equal amounts of green waste before it is trucked to the Mt. Vernon Green Waste Facility.

No recommendations for this finding

F17

The finished compost must pass stringent environmental and health standards (the removal of heavy metals, pathogens, and coliforms) with a 99.9 percent purity before it can be sold.

No recommendations for this finding

F18

There is a strong market for all compost produced in the San Joaquin Valley. Unfortunately, it costs $30 per ton to produce and can only be sold for $5 per ton.

No recommendations for this finding

F19

Tree stumps are accepted at Mt. Vernon for recycling. The tree stumps are loaded onto trucks and delivered to “Mulch Masters” in Delano, a contractor for Caltrans.

No recommendations for this finding

F20

Waste lumber is chipped and sold to the Mt. Poso Cogeneration Plant as fuel.

Related Recommendations (1)

The General Manager should prepare updated job descriptions with qualifications and salary ranges. (Finding F20)

F21

Treated lumber is sent to an offsite hazardous waste facility for disposal. Material Recycling Facility There are four MRFs in Kern County. Three facilities are owned by a group of franchised haulers and a non-profit, BARC. These facilities represent multi-million dollar investments by the owners and are highly automated for the separation and removal of site specific recyclable materials. The markets for recyclable materials have been slow to develop domestically and have declined drastically internationally. The MRFs are losing money for both private and non-profit:  All KCPW haulers send their blue cart waste to one of their own facilities.  BCPW uses both the private and BARC facilities based on the hauler’s route.

No recommendations for this finding

F22

KCPW has given permission to the franchise haulers to request an annual surcharge of $20.52 over the next three years for residents using the blue carts in the universal collection areas, to offset their losses. This equates to $300,000 per year.

No recommendations for this finding

F23

BCPW will not ask the Bakersfield City Council for a surcharge increase at this time.

No recommendations for this finding

F24

The BARC facility does not have the same high degree of automation that private MRFs do, but with skills training, the BARC employees perform their tasks safely and efficiently:  BARC has additional functions that are not available at the private MRFs such as tire shredding, cardboard box reuse and beverage decanting (removing spoiled or outdated liquids).

No recommendations for this finding

F25

BARC charges $55 per ton for using their facility compared to $90 per ton at a private facility. BARC has an offset loss of over $100,000 per month because of closed markets, i.e. China.

No recommendations for this finding

F26

KCPW and BCPW are asking for a rate increase for transportation costs to adjust for the cost of living and fuel. KCPW had asked the Kern County Board of Supervisors for a 4.7 percent increase on May 21st, 2019, and BCPW is asking the Bakersfield City Council for a 3.2 percent increase on June 5th, 2019: PRIOR PROPOSED KCPW $257.00 $270.00 per Year BCPW $207.00 $214.00 per Year

No recommendations for this finding

F27

Kern County has a Solid Waste Management Advisory Committee (SWMAC) to identify solid waste issues on a countywide concern. The committee shall develop goals, policies and procedures which are consistent with the guidelines and regulations adopted by CalRecycle. Duties of SWMAC are, but not limited to:  Review the County’s current plan for implementing solid waste management in the future.  Determine the need for solid waste collections system, processing facilities, and marketing strategies that can serve more than one local jurisdiction within the region.  Facilitate resolution of conflicts and inconsistencies between or among City and County source reduction and recycling elements.  Develop goals, policies and procedures which are consistent with the guidelines and regulations adopted by CalRecycle, to guide the development of the siting elements of the countywide waste management plan. For more information on SWMAC go to: www.kerncounty.ca.gov/solid waste management advisory committee SB 1383 Timeline On December 18th, 2018 CalRecycle approved a timeline for the implementation of SB 1383.

Related Recommendations (1)

Solid Waste Management Advisory Committee should become proactive during the implementation of SB 1383, ensuring uniformity of compliance with all jurisdictions in Kern County. (Findings 27, 29, 31, 32, 33, 34 and 35)

F28

Selected members of the KCPW and BCPW, responsible for the implementation of SB 1383, have attended training classes and joined the on-line webcast sessions provide by CalRecycle.

No recommendations for this finding

F29

Currently, CalRecycle is working with statewide jurisdictions on the proposed rules and requirements (still in draft form) needed to implement SB 1383: a. CalRecycle intends to adopt these new regulations in the fall of 2019. b. KCPW will meet with CalRecycle to seek positive evaluations on all current organic programs that have been implemented within the jurisdiction and will negotiate resolutions to current organic programs as necessary. c. New regulations will not become enforceable until January 1st, 2022. This provides jurisdictions, businesses and haulers time to make budgetary and logistic decisions.

No recommendations for this finding

F30

“A Countywide Jurisdiction Division/Disposal Progress Report by Cal Recycle dated 2017 documents each county jurisdiction status.” Jurisdiction Tonnage *Target (PPD) *Actual (PPD) Arvin 10,592.14 3.0 2.7 Bakersfield 316,505.46 5.4 4.5 California City 8,929.10 3.7 3.3 Delano 25,967.07 4.0 2.7 Kern (Unincorporated) 380,291.98 7.8 6.0 Maricopa 912.90 5.7 3.8 McFarland 6.939.48 2.9 2.6 Ridgecrest 29,086.48 5.5 5.6 Shafter 23,906.50 17.2 7.1 Taft 7,876.46 11.0 4.6 Tehachapi 15,157.37 9.2 6.7 Wasco 23,347.00 4.5 4.7 Total Tonnage 849,523.10 *Population Disposal (PPD) = Pounds per Person per Day.

No recommendations for this finding

F31

Beginning January 1st, 2020, the State of California has a requirement of a 50 percent reduction in organic waste as compared to a statewide disposal waste at the 2014 level:  BCPW will meet the 50 percent reduction in organic waste per state requirements.  KCPW will not meet the 50 percent reduction in organic waste by January 1st, 2020, the data used to calculate the 2014 level for Kern County will likely be contested by CalRecycle as it includes some jurisdictionally mixed residuals from material recovery and composting facilities. The reasoning is: o The dynamic of “just put it in the trash” mentality or culture o Lack of a three cart system that serves all of Kern County o Organic and non-organic material recycling and recovery due to the downturn of the domestic and international markets o Lack of infrastructure and program cost

No recommendations for this finding

F32

Unincorporated Kern County does not have sufficient infrastructure to properly handle all of the generated organic waste. The following facilities are key components in the organic strategy: a. Three bio-mass combustion units with “Air Curtain Technology” have been purchased by Kern County to burn green waste and generate electricity to operate the sorting and composting machines. The three units will consume 30,000 tons of waste per year:  Each unit will cost $750,000 and have a payout of less than one year. The justification will be to eliminate the annual $2,500,000 fee and transportation costs.  The first unit is being installed at the Shafter-Wasco landfill. The second unit is scheduled to be installed at Bena, and the third unit might be installed at the McFarland-Delano Transfer Station. b. KCPW intends to construct a compost facility at the Shafter-Wasco landfill. Fully constructed, the compost facility is anticipated to process 100,000 tons of inbound material per year. The facility will include a large concrete pad with short walls forming “bunker-like” structures. Material will be placed in these bunkers in ASP. Each ASP will be covered with a “Gore” cover to aid in odor, emissions VOCs (Volatile Organic Compounds) and moisture control as well as facilitating the composting process. KCPW is currently in the design and permitting phase for the Shafter-Wasco Composting Facility. KCPW will apply for a grant to CalRecycle to offset the cost for this new composting facility. c. Projected Capital Projects to facilitate diversion activities: Fiscal Year Project Name Capital Expenditure 1. 19/20 Bena Loading Docs $ 820,000 2. 19/20 Kern Valley Diversion Area Resurfacing & Grading $ 866,000 3. 19/20 Mojave Diversion Area Grading $ 395,000 4. 20/21 Bena Self Haul Facility $ 2,200,000 5. 20/22 Shafter-Wasco Composting Facility $ 23,000,000 6. 21/22 Shafter-Wasco Self-Haul Facility $ 2,200,000 Total $29,481,000

No recommendations for this finding

F33

Presently, CalRecycle has not provided any assistance to local jurisdictions in defining the January 1st, 2022 enforcement and penalties phase for organic reduction and edible food recovery targets:  KCPW has not developed a strategy for enforcement and the penalty phase as of this date.  BCPW has prepared an agreement on a strategy for a “common sense method” for the enforcement and penalty phase to offset the “Trash Police”. A written request has been submitted to CalRecycle.  Ordinances must be prepared for the enforcement and penalties by January 1st, 2022.  CalRecycle has the authority to conduct an inspection at any jurisdiction, within 24 hour notice, to ensure compliance with the law.

Related Recommendations (1)

All jurisdictions should have ordinances in place by January 1st, 2022, for the enforcement and penalty phase of SB 1383. (Finding 33)

F34

On January 1st, 2025, all jurisdictions in the County must dispose of no more than 2.7 PPD (at home and at work), to meet the 75 percent Per Capita Disposal. This corresponds to less than a half ton per resident each year: a. Education of the public and the commercial sector is a high priority by BCPW, KCPW and all city jurisdictions, private waste entities and haulers. b. Failure to achieve this state wide target may result in a visit from the “Trash Police”.

Related Recommendations (1)

All jurisdictions within Kern County should institute a program by January 1st, 2022, to educate the public so they understand and follow the requirements of the three cart system. (Finding 34a)

F35

The cost to implement SB 1383 will be in the millions of dollars and will be passed on to the tax payers and commercial businesses. They are:  Investment in the infrastructures to handle solid waste processing.  Implementation of a three cart collection system throughout Kern County.  Increase in transportation costs for the collection of solid waste. COMMENTS: The Kern County Grand Jury would like to thank The Kern County Public Works Management and Staff, Bakersfield City Public Works Management, BARC and the Metropolitan Recycling Center for their time, cooperation, information and tours provided to the Special District Committee in preparation of this report.

Related Recommendations (1)

All jurisdictions within Kern County should employ the three cart system by January 1st, 2025. (Finding 35) NOTES: • The Kern County Public Works and the Bakersfield City Public Works should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

Additional Recommendations 13

These recommendations are not explicitly linked to specific findings.

R2

The Sheriff’s Work Release Program should continue to support the Kern County Public Works with no-cost labor. (Finding 8d)
R10

Employees should be required to submit a receipt for fuel reimbursements, and be paid by check. If petty cash is needed, accurate records should be kept. (Finding
R11

RCWD should be self-sufficient and not dependent upon grants to supplement the operating budget. (Finding F11d) 224
R12

RCWD should create an accurate inventory record for repair supplies i.e., clamps, pipe fittings, isolation valves, meter parts, etc. (Finding F21)
R13

RCWD should maintain records for all metered water produced and sold, to comply with the State of California’s Electronic Annual Report database. (Findings F1, F15)
R14

RCWD should stop the past practice of conducting “hand shake deals” for outside water sales. Outside sales should be entered into with a written contract. (Finding F14)
R15

The bulk water hydrants should have hook-ups with meters that have the capability to incorporate with the Phase 2 automation system:  This automation system should include a keypad system linked to the mainframe that logs the amount of water used and provides automatic billing information, eliminating the handling of cash (Finding F11i)
R16

RCWD should develop and implement a website, providing transparency for the District. Information should include Board of Director minutes and agendas, organization chart with salaries, and yearly profit and loss summaries. (Finding
R17

RCWD should continue to explore adequate billing systems. (Finding F22, F23)
R18

The past General Manager’s name should be removed from the DMV registration of the RCWD replacement vehicle. (Finding F18)
R19

Board Members of the District should abide by the Bylaws and not personally profit from RCWD contracts. (Finding F11j)
R20

In light of the severity of this report, if the above recommendations are not met of the release of this report, the 2018-2019 Kern County Grand Jury recommends that the RCWD be placed in receivership through the State Water Resources Control Board. (All Findings) 225 COMMENTS: The Grand Jury would like to thank the residents who provided information for this report. The Grand Jury thanks the RCWD and the Randsburg General Store for providing meeting rooms for the Committee to hold their interviews. NOTES: • The Rand Communities Water District should post a copy of this report where it will be available for public review • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 226 227 228 229 230 231 TEHACHAPI-CUMMINGS COUNTY WATER DISTRICT A “State Of The Art” Water District! PURPOSE OF INQUIRY: The Special Districts Committee (Committee) of the 2018-2019 Kern County Grand Jury (Grand Jury) reviewed the Tehachapi-Cummings County Water District (TCCWD) pursuant to California Penal Code §933.5. The Grand Jury last reviewed the TCCWD in 2012-2013. PROCESS: The Committee reviewed the TCCWD’s website, Board minutes, agendas, 2017-2018 financial statements; interviewed the General Manager, Operations Manager and the Business Manager. The Committee visited the TCCWD’s Office three times, toured the facilities and attended a Board of Directors meeting. BACKGROUND AND FACTS: The TCCWD was formed on March 10, 1965, under the provisions of the County Water District Law (Water Code of the State of California §30000) to provide imported water supply, water resource management and flood control protection to the agricultural, municipal and industrial customers within the TCCWD’s boundaries. Tehachapi- Cummings County Water District is located at 22901 Banducci Road in the Tehachapi Mountains, east of the southern San Joaquin Valley, and encompasses approximately 266,000 acres. The main groundwater (native water) supply is located in three adjudicated basins which are Tehachapi, Cummings and Brite. A. The TCCWD has complete control and authority as the Watermaster over three distinct groundwater basins. B. The Board of Directors is subject to the Uniform District Election Law, is independent of the Kern County Board of Supervisors and, since its inception, has operated under the Council-Manager for Government. C. Has a five-member Board of Directors (Directors):  Elected to a four-year staggered term by all registered voters in the five divisions within this Water District Elected Board Members must live in the division they represent o  Responsible for the policies and decisions governing the operation of this Water District  Meet regularly at 3:00P.M. on the third Wednesday of each month 232  Receive a stipend of $100 per day of service up to 10 days of service per month
R15-16

16-17 17-18 Appendix C: 213 Appendix D: 214 Appendix E: 215

Comments 7

CO1

The Kern County Public Works and the Bakersfield City Public Works should post a copy of this report where it will be available for public review.
CO2

Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury.
CO3

Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 2018-2019 Kern County Grand Jury APPENDIX A 2018-2019 Kern County Grand Jury APPENDIX B GLOSSARY OF TERMS Aerated Static Piles (ASP): Composting used to biodegrade organic material without physical manipulation during primary composting by providing air circulation for controlled aeration. Biomass: Controlled burning of specified organic materials, such as wood waste, agricultural crop residues, leaves, grass clippings, and pruning’s to produce electricity or heat. CalRecycle-permitted landfill: A facility located within California that is permitted by CalRecycle to accept and bury solid waste from jurisdictions within and outside of California. Composting: The process of collecting, grinding, mixing, piling, and suppling sufficient moisture and air to organic materials to speed natural decay. The finished product of composting operations is compost, a soil amendment added to topsoil. Diversion: For waste measurement purposes, diversion is any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at CalRecycle-permitted landfills. Franchise hauler: Any waste hauler that has a contract granted by a county board of supervisors, after a competitive bidding process, for the collection, disposal or destruction or garbage, waste or debris. Good faith effort: Means all reasonable and feasible efforts by a city, county, or regional agency to implement those programs or activities identified in its source reduction and recycling element that achieve the same or similar results. CalRecycle has adopted detailed enforcement guidelines for evaluating agencies that fail to implement their plans or fail to achieve required per capita disposal rates. Green waste: Is any organic waste that can be composted. Jurisdictions: A city, county, a combination city and county, or a regional agency with responsibility for meeting integrated waste management act requirements. Per Capita Disposal: Is a numeric indicator of reported disposal divided by jurisdiction population (residents) or in some cases jurisdiction industry employment (employees to obtain disposal by individual. Recycling: The process of collecting, sorting, cleansing, treating, and reconstituting material that otherwise become solid waste, returning them to the economic mainstream 2018-2019 Kern County Grand Jury in the form of raw materials for new, reused, or reconstituted products that meet quality standards necessary to be used in the marketplace. Self-hauler: Waste that is hauled to a transfer, processing, or disposal facility by someone other than a franchise waste hauler. Transfer Station: A facility which receives, handles, separates, converts or otherwise processes solid waste. These facilities transfer the solid waste to a landfill. Windrows: A long line of material heaped up by the wind or by a machine. A method of composting. Source: CalRecycle.ca.gov 2018-2019 Kern County Grand Jury KERN COUNTY PUBLIC WORKS HOUSEHOLD HAZARDOUS WASTE “Stop and Shop” PREFACE: The Kern County Public Works Special Waste Operations operates a central hazardous waste disposal facility in Bakersfield and two remote satellite facilities located in Mojave and Ridgecrest. These three facilities handle the hazardous waste disposal needs of Kern County residents and small businesses. PURPOSE OF INQUIRY: California Penal Code §925 authorizes the Grand Jury to routinely conduct an inquiry/investigation of all County Districts, including Public Works Household Hazardous Waste. This Facility has never been investigated by the Kern County Grand Jury. PROCESS: The 2018-2019 Kern County Grand Jury (Grand Jury) Special Districts Committee (Committee) interviewed the Public Works Management and Bakersfield Site Supervisor; toured the Bakersfield Facility and inspected the process for acceptance, storage and disposition of the various types of hazardous waste products accepted at the facilities. BACKGROUND AND FACTS: Public Works Mission Statement: To provide public infrastructure, facilitate development, and deliver services that protect and enhance the lives of the people of Kern County. Kern County opened its first Special Waste Facility (SWF) in Bakersfield in June 1995, and began accepting only latex paint, used motor oil and filters, batteries and antifreeze three days a week. In October 1997 California Integrated Waste Management Board (CIWMB) certified the SWF as a Permanent Collection Facility (PCF) accepting residential Household Hazardous Waste (HHW). In 2000 the County received a $63,000 grant from CIWMB to process business waste from Conditionally Exempt Small Quantity Generator (CESQG) once a week by appointment only. 2018-2019 Kern County Grand Jury 205 In 2005 a second PCF was opened in Mojave, and in 2010 a third PCF was opened in Ridgecrest serving Eastern Kern County. In 2015 the Bakersfield PCF began accepting CESQG’s waste four days per week by appointment only and expanded its daily residential operations to four days per week. There is no cost to homeowners, however, a fee is charged to small businesses using these facilities. A. The Bakersfield Special Waste Facility is located at 4951 Standard Street, Bakersfield, CA 93308, and is open four days a week; Wednesday – Saturday from 8:00am to 4:00pm:  There are 19 employees assigned to this facility.  Employees are sent to operate the Mojave and Ridgecrest facilities when open.  New employees receive a medical examination to establish a baseline and are given a follow up examination annually, to compare against the baseline for possible exposure.  New employees must submit to a pre-employment drug screening. B. Ridgecrest SWF is located at 3301 West Bowman Road, Ridgecrest, CA 93528. This facility is open for residential waste the 2nd and 4th Saturday of each month from 10:00am – 1:00pm. CESQG’s are by appointments only. C. Mojave SWF is located at 17035 Finnin Street, Mojave, CA 93528. This facility is open for residential waste the 1st Saturday of January, March, May, July, September and November from 9:00am – 12:00pm. CESQGs are by appointments only. D. A five-man crew is dispatched from Bakersfield to operate the satellite facilities during the hours of operation. The hazardous waste materials are packaged at the site for disposal by a third party contractor. FINDINGS: F1. The Marketing and Promotions Coordinator position has been vacant for approximately one year. F2. HHW has an annual Marketing Campaign Budget of $90,000 for the three facilities and Temporary Collection Events (TCE). This money is spent on monthly newspaper ads, local advertising magazines, flyers and direct mailers. (See Appendix A) F3. A three year history of the collection and disposal of accepted waste items listed below shows that latex paint accounts for more than all other products combined (See Appendix B): 2018-2019 Kern County Grand Jury 206  Aerosol spray cans  Antifreeze  Batteries (alkaline, auto, gel cell, Lithium and NiCad)  Electronics  Fluorescent lamps  Motor oil and used filters  Oil base paints  Latex Paint  Pesticides and herbicides  Rx medications (pills, capsules, liquid)  Sharps (hypodermic needles, test strips, I.V.’s, etc.) F4. SWF has staffing and infrastructure to process more HHWs and CESQGs than is currently being processed. F5. The Bakersfield SWF has not shown any significant growth over the past three years, based upon the number of vehicles visiting the facility. The average number of vehicles is 93 per day. This number is based upon 208 days per year of operation including residential and CESQGs:  Documented vehicle count: 2015 / 2016 - 19,374 o 2016 / 2017 - 19,241 o 2017 / 2018 - 19,834 o  Total throughput in pounds per year: 2015 / 2016 - 1,084,420 o 2016 / 2017 - 1,083,946 o 2017 / 2018 - 1,100,813 o F6. Temporary Collection Events are scheduled in Kern County throughout the year to collect HHW. These events are conducted by the Bakersfield SWF team and a third party contractor. The purpose is to discourage illegal dumping along roadways and landfills within the county:  There are 26 TCE’s scheduled for 2019 (See Appendix C) F7. A third party contractor charges a mobilization/demobilization fee of $5,006 plus disposal fees to conduct TCE’s at non-disposal sites. The contractor is responsible for collecting, packaging, cleanup and final disposal. F8. Special Waste Facilities only accept residential pharmaceuticals for disposal using a 2-person system to maintain the integrity of the handling process. The team removes the pharmaceuticals from their containers and dumps them into a locked security box. Periodically, the contents are removed, weighed and placed in a locked ‘poison’ drum for disposal by a third party contractor:  6,421 pounds of pharmaceuticals were disposed of in 2018. 2018-2019 Kern County Grand Jury 207  There are two security cameras located on the wall opposite the security box to document the process at the Bakersfield facility. A blind spot exists based on the placement of the security cameras. o F9. The SWF in Bakersfield operates a “Stop and Shop” making products available to the general public. All products are free to Kern County residents. These products consist of paint (latex and oil base), gardening products, insecticides, aerosol paint, antifreeze, lubricants, denatured alcohol as well as swimming pool chemicals (chlorine, acid and de-foamer) and other miscellaneous items:  Open Thursday - Saturday, 9:00am to 1:00pm.  All shoppers are limited to 10 minutes on a first-come first-served basis.  A dress code must be observed for the “Stop and Shop”. ‘Shirts, pants, skirts, shorts, dresses and shoes (no high heels)’  There is a weight limitation of 50 pounds per vehicle. F10. “Stop and Shop” provides a valuable resource to the community, but is not being used to its maximum potential. The demand for its use has remained flat for the past three years both in pounds of products recycled, and its percentage of use compared to the total annual throughput:  The operation of the “Stop and Shop” facility recycles an average of 253,328 pounds or 23.1% back into the community per year.  Without “Stop and Shop” it would cost the taxpayers an additional $53,500 per year in disposal fees. F11. The facility in Bakersfield uses its employees as load checkers at the various landfills to perform spot checks in vehicles, checking for hazardous waste:  First line of defense to curtail hazardous waste in landfills.  Currently, 350 man-hours per month are spent on inspections.  Locations include: Bena o Shafter o Mojave o Tehachapi o Taft o F12. The SWF provides new containers to customers for safe collection of sharps and motor oil. All sharps must be brought in an approved container. F13. State and Federal hazardous waste laws limit the use of this collection program to small businesses that qualify as Conditionally Exempt Small Quantity Generator (See Appendix D):  The Facility has ‘posted’ Commercial Rates (See Appendix E) 2018-2019 Kern County Grand Jury 208 F14. The SWF operates under State and Federal rules and regulations requiring detailed reports. Public Works Department maintains a group responsible for ensuring the three facilities is operating in compliance. F15. The Special Waste website is informative but outdated. The hours of operation, “Stop and Shop” and TCE dates are incorrect. COMMENTS: The Kern County Grand Jury would like to thank the Public Works Management and Staff for their time, cooperation, information and tour provided to the Special Districts Committee in preparation of this report.
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The Kern County Public Works Department should post a copy of this report where it will be available for public review.
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The Rand Communities Water District should post a copy of this report where it will be available for public review
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The Tehachapi-Cummings County Water District should post a copy of this report where it will be available for public review.

No Responses Found 4

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California Agency

Kern County Water Agency Special District

Superior Court of California, County of Kern Court

Tehachapi - Cummings County Water District Special District