HUNDREDS of thousands of homeowners are facing a new $523 trash fee, sparking outrage and a legal challenge.
The fee applies to all single-family homes, regardless of how little garbage they produce.
The fee that applies to all single-family homes, no matter how little waste they produce[/caption]
A preliminary hearing has been set for October 10 to consider a request from homeowners for an injunction that would delay the city’s monthly trash charges.
The legal fight targets the $43-a-month fee added to property tax bills in July for single-family homes, even those producing minimal waste.
San Diego homeowner Paul Krueger told ABC affiliate KGTV he’s frustrated as he moves his trash bins to the curb.
“I’m optimistic that we’ve gotten this far and that the case is still is alive,” Krueger said.
Krueger is part of a group suing the city to halt the monthly trash fees.
Their attorney, Michael Aguirre, said both sides agreed to focus on a preliminary injunction rather than an expedited September trial.
“We have worked out an arrangement with your honor’s permission,” Aguirre told The San Diego Union-Tribune, explaining the filing schedule for the injunction.
San Diego officials had previously argued that a trial in September would not give them enough time to prepare.
“What we are asking for is a reasonable opportunity to prepare our defense,” city attorney Gabriel McWhirter told the court last week.
The homeowners have already filed their preliminary injunction motion, and the city is scheduled to respond by September 19.
Homeowners’ lawyers will have an additional 10 days to reply before the October 10 hearing.
The court will then decide whether to temporarily block the trash fee while the legal challenge proceeds.
The fee, first proposed after a $4.5 million cost-of-service study, was initially nearly $48 per month but later reduced to $43.
It applies to three 95-gallon bins per home: one for trash, two for recycling and organic waste.
New San Diego Trash Fee
- $43.60 – Monthly fee per household for three 95-gallon bins
- $523 – Annual cost per homeowner
- 226,495 – Number of single-family homes affected
- 46,000 – Number of formal protests filed against the fee
- 113,000 – Number of protests needed to block the fee
- $3 million – Budget for financial assistance programs
- $4.5 million – Consulting fee paid for cost-of-service study
- 32% – Current waste diversion rate from landfills
- 80% – City’s waste diversion target
- 300,000 – Tons of trash collected annually by the city
- 150,000 – Tons of recycling, compostables, and yard waste collected annually
Residents can downsize their plan to lower costs and potentially receive a credit.
City officials say the revenue funds public safety, parks, libraries, road repairs, and other city services.
Councilman Raul Campillo had said the fee is not what most voters expected when they narrowly approved Measure B in 2022.
Opponents called it a bait-and-switch, while some criticized the $4.5 million consulting study behind the fee.
Backers argued the charge fills a budget gap and ensures fairness for residents already paying for trash services.
Council President Joe LaCava warned skipping the fee could create an $80 million shortfall.
The city has set aside $3 million for financial aid, offering full, half, or partial subsidies based on income.
Weekly recycling pickup is expected to start soon as part of efforts to increase waste diversion before the Miramar Landfill fills in 2031.
The outcome of the October 10 hearing could determine whether homeowners pay the controversial $523 trash fee this year or see it delayed.
