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Article II. Generators’ Responsibilities
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8.12.200 Ownership of solid waste.
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A. Generator.

1. Legal Discard. Solid waste is the property of the generator until the generator legally discards the solid waste. For example:

a. A fast food customer drops a beverage container into a refuse receptacle provided by the restaurant where the customer purchased the beverage; or

b. An automobile driver empties litter into a trash can located at a gas station for use of customers;

c. A pedestrian waiting at a bus stop deposits a newspaper into a refuse barrel provided for public use;

d. A homeowner or business discarding any type of solid waste in a cart or bin for collection by a franchised hauler, the city or other sanctioned hauler; and

e. A grocery store accumulates cardboard in a compactor placed at the set-out site for collection by a permitted recycler;

2. Illegal Discard. Solid waste remains the property of the generator if the generator illegally discards the solid waste, even if the generator does any or all of the following:

a. Abandons the solid waste;

b. Exercises no dominion or control over the solid waste; or

c. Asserts no ownership of the solid waste.

Examples of illegal discard include:

•Throwing litter from a car onto city streets;

•Dropping litter into the gutter or a storm drain; and

•Dumping bulky items on someone else’s empty lot;

3. Definitions.

"Generator" means anyone:

•    Who produces solid waste (such as occupants of houses or businesses in offices);

•    Who causes a solid waste hauler to haul solid waste (such as an apartment manager who subscribes to solid waste handling service); or

•    Who otherwise causes solid waste to become subject to regulation, including anyone who owns, operates or controls premises, such as:

    º    Residents (single- and multifamily);

    º    Businesses (for example, offices and stores);

    º    Industries (for example, manufacturing plants or processing facilities);

    º    Institutions (for example, schools and hospitals);

    º    Local governments (for example, the city of Wasco and Kern County); and

    º    Federal government (for example, U.S. Post Office).

"Discard" means to voluntarily do any or all of the following:

•    To throw, toss, cast or put away, out, or aside; or

•    To abandon

something (such as solid waste) without receiving compensation or other consideration in exchange.

B. Collector. Solid waste (other than recyclables discarded in a separate container) becomes the property of the sanctioned hauler when the hauler takes possession of the solid waste, for example:

1. Tipping a cart, bin/dumpster into the hauler’s compactor truck; or

2. Loading a roll-off box onto collector’s flatbed truck.

Recyclables discarded in a separate container become the property of a franchised recycler/authorized hauler when the generator sets them out for collection by a hauler. (Ord. 633 (Att. A), 2013).