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There’s No Free Trash

San Diegans are known for their love of the outdoors and the beautiful amenities that our city offers. Now San Diegans have the opportunity to make our world class city even better. An outdated municipal ordinance is preventing San Diegans from protecting that which we love most–our environment. Residents receive bills for electricity, gas and internet from investor-owned utilities and water and sewer bills from the City, but when it comes to trash collection and disposal, many City residents have never received a single bill. No trash fee is charged to households whose trash bins are wheeled onto public streets. Property-tax paying owners of condominium units and homes on private streets, as well as apartment dwellers, aren’t eligible for city-provided trash service and must hire a private hauler.

This inequitable situation, which unfairly benefits approximately half of City residents, resulted from a 1919 municipal code known as "the People's Ordinance," which gave the City of San Diego responsibility for garbage collection and disposal. The ordinance was amended in 1981 to state that trash service for single family residences on public streets would continue weekly and that fees could not be charged. Due to the expansion of recycling and green waste pickup service (with weekly service starting in 2023), collection costs have increased significantly, but the City cannot implement charges unless the so-called "People's Ordinance" is amended. There are many residents receiving no-fee trash service who think their property taxes cover the costs of these services, but this is not true. The services are actually funded through the City's General Fund, which includes tax and fee revenue from all San Diego residents, not just those who get no-fee service. Only a vote of the people can correct this injustice and irresponsible governance in the City.

Environmental

Facing a climate crisis, state lawmakers passed a bill (Senate Bill 1383) that requires cities to decrease the amount of food and yard waste in landfills in order to reduce methane emissions. The City’s 2022 Climate Action Plan aims to divert 90% of waste from landfills and capture 90% of landfill emissions with a goal of net-zero greenhouse gas emissions by 2035. A Zero Waste Plan was unanimously adopted by the City Council in 2015, but due to lack of funds, the City wasn’t able to follow through with an educational campaign on how to divert from the landfill and reuse, repair or repurpose items.

In order to curb related methane emissions, the City must use all available tools to increase waste diversion, recycling, and reducing organic waste in landfills. To achieve the City's Zero Waste and Climate Action Plan goals, the Municipal Code must be amended to allow the City to incentivize residents to reduce waste. The current system of unlimited residential disposal actually encourages waste.

By early 2023, San Diegans will have both blue and green bins, with a weekly pickup schedule. Reducing the amount of trash residents send to the landfill is a critical component of Zero Waste implementation. The City is unable to educate residents about this or other environmental issues by email or phone/text because they do not have a database of contact information for the residents being served. 

Many families are spending time and effort in recycling paper, cans, bottles and yard waste yet as their non-recyclable trash decreases they are not reaping financial rewards for their effort. In other cities, the trash collection fee is based on the non-recyclable trash bin size.

Variable-rate pricing, also known as “Pay as You Throw” (PAYT) programs, provide incentives for residents to recycle, compost and reduce the amount of waste generated. These programs are the single most effective method for reducing residential waste going to the landfill and have been adopted in thousands of communities nationwide. 

Other cities have managed to increase their diversion rate to more than 80% by incentivizing residents. Palo Alto offers monthly service ranging from $28 (for one 20-gallon black bin) to $150 (for one 96-gallon black cart) with no extra cost for collection of recyclables and organics in large blue and green carts. This pricing model encourages residents to reduce waste and sort more items for recycling and composting so they can downsize to a smaller, less expensive black bin for their trash. 

 

Costs, Fairness and Quality of Life

San Diego is the only large city in California that provides no-fee trash collection and disposal. That San Diego does so for only half of its residents is inequitable. The mis-named People’s Ordinance ties the City’s hands when it comes to fulfilling its fiscal and environmental responsibilities. 

San Diego is currently unable to charge for trash service it provides to 16,000 single-family homes being used as short-term vacation rentals at a cost of $2 million per year, as well as mini-dorms and accessory dwelling units.

Many residents who receive no-fee trash service are unaware of the true cost of the service and the source of funding. Sales taxes and property taxes of condominium and apartment residents subsidize the cost of providing free trash service to owners of single-family homes. 

In contrast to other cities in the area, San Diego pays for trash hauling services for 287,000 households from its General Fund, which pays for police, fire-rescue, park & recreation, libraries, transportation, and stormwater management. In San Diego, over $50 million a year is diverted from public services to a fee-free service that benefits only some residents. 

 

There is no special tax listed on property tax bills for trash services. Tax payments have no bearing on whether the city picks up trash. Property taxes for condo owners are the same as for single-family home owners, but the City does not pay for their trash service.

Residents of San Diego are dissatisfied with the range of services they can access and those they cannot, such as pickup of bulky items. The residents do not like having to pay for replacement bins, which are often damaged by trash trucks.

Quality of life would be enhanced if residents could get the services they desire, such as those included in Palo Alto’s service: free replacement of trash bins, acceptance of electronic waste in the blue bin, and twice-yearly pickup of bulky items, motor oil & filters, household batteries, and textiles. These extra services could be offered if the General Fund budget wasn’t already strained with trash costs.

Plan of action

In order to allow the city to recover the cost of trash collection and enhance services, Municipal Code §66.0127 must be amended by voters to allow the city to recover the cost of trash, recycling and organic waste collection. The measure requires a simple majority to pass.

A recent KPBS article reported that a poll from Public Dynamics found that by a 14-point margin, San Diego voters support a ballot measure that would “ensure equal refuse collection services for all San Diego residents; allow the City to impose necessary fees to fund the collection, transportation, and disposal of residential refuse, including fees for such services provided to short term vacation rentals, accessory dwelling units, and mini dorms; and require the City to provide free containers for curbside pickup.”  

Measure B makes clear that City employees will continue to provide the service–it will not be outsourced.

It also clarifies that short-term vacation rentals and mini-dorms can be charged.

The process of setting fees will be guided by State-mandated taxpayer protections. A potential fee would have to undergo a cost of service study of the services that residents want and need–and how much they cost (takes 1-3 years), property owner notifications and then Council approval of fees, which must not exceed the actual cost. It’s possible that subsidies would be made available for residents with limited incomes.

Reforming the so-called “People’s Ordinance” will free up over $50 million per year from the General Fund. Every year, the public has several opportunities to provide input about how City funds should be spent during the budget process. With cost recovery, the City will have the resources to provide the world-class public services that every San Diegan expects and deserves.

On July 25, 2022, the City Council voted 7-2 to approve a ballot measure. Measure B will be on the November 2022 ballot.

Also see People’s Ordinance Fact Sheet

Resources:

Questions? Email seac@lwvsandiego.org