San Bernardino County - File #: 14116

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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

May 19, 2026

FROM

NOEL CASTILLO, Director, Department of Public Works - Solid Waste Management

SUBJECT

Title

Public Hearing for the Collection of Solid Waste Handling Fees

End

RECOMMENDATION(S)

Recommendation

1. Conduct a Public Hearing regarding placement of franchise hauler-identified delinquent solid waste handling service fees on the 2026-27 property tax roll.

2. Adopt the report of delinquent fees on file with the Clerk of the Board of Supervisors.

3. Authorize the Director of the Department of Public Works to amend the report of delinquent fees to remove those accounts that are paid in full, or adjust the amounts owed due to the revision of the penalties and the fees and/or partial payment of the delinquent charges, prior to the report being submitted to the Auditor-Controller/Treasurer/Tax Collector for placement on the 2026-27 property tax roll and to the Assessor-Recorder-County Clerk for the recording of liens against the parcels.

(Presenter: Noel Castillo, Director, 387-7906)

Body

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally Responsible and Business-like Manner.

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as the Department of Public Works - Solid Waste Management Division (SWMD) is financed by fee revenue. SWMD establishes fees that are charged to the public and other agencies for utilization of the County Waste Disposal System. The franchise haulers have reported an estimated 9,015 delinquent accounts, totaling approximately $3,601,680.03 in unpaid service charges and related lien processing fees, for proposed placement on the 2026-27 property tax roll. As authorized by the San Bernardino County Code section 46.0506 (County Code), SWMD charges a penalty fee of 10% of the unpaid service charges, which is included in the delinquent accounts total, for performing this task on behalf of the franchise haulers. Revenue from delinquent charges has been included in the 2026-27 Recommended Budget for the respective County Franchise Areas.

BACKGROUND INFORMATION

On April 6, 2004 (Item No. 21), the Board of Supervisors (Board) approved mandatory trash collection service, also referred to as uniform handling services in the unincorporated areas of Upland, Colton, Rialto, Muscoy, Oak Glen, Montclair, Chino, Fontana, Devore, Bloomington, San Bernardino, Redlands, and a portion of the mountain unincorporated areas of Crestline, Lake Arrowhead, Grass Valley, Arrowbear, Running Springs, Smiley Park, Sky Forest, Blue Jay, Grass Valley, Twin Peaks, Valley of Enchantment, Crest Forest, Cedar Pines, Forest Falls, Mountain Home Village, and Angelus Oaks, requiring all improved residential properties to subscribe to and pay for mandatory trash collection service. Because service is mandatory in uniform handling areas and haulers are prohibited from discontinuing service for non-payment, unpaid charges may become delinquent and be collected through the property tax roll and lien process described below.

As a result of Senate Bill 1383, uniform handling services were approved on December 13, 2022 (Item No. 91) and on November 14, 2023 (Item No. 100) for all franchise areas that didn’t qualify for a state-approved low-population waiver. Property owners in uniform handling areas have the option of obtaining an approved self-haul exemption from trash and recycling collection service by meeting the criteria of the program. Empire Disposal and Mountain Disposal Company, both subsidiaries of Burrtec Waste Industries, Inc. (Burrtec), also offer a fee waiver program for residents whose homes are vacant or have infrequent use in certain franchise areas as approved by the Board on October 8, 2019 (Item No. 60). CR&R Incorporated and Best Way Disposal Company, Inc/DBA Advance Disposal Company also offer similar vacancy programs on a case-by-case basis.

In areas subject to uniform handling services, the County Code and franchise agreements prohibit the hauler from discontinuing service for non-payment of monthly service fees. County Code requires that accounts be considered delinquent if unpaid for 90 days after the invoice is mailed. In order to compensate the franchise hauler for services provided, the County Code states the delinquent fees, related penalties, interest, and costs of collection shall be considered a debt owed to the County that, pursuant to Health and Safety Code sections 5473 through 5473a, the County has elected to have collected through the County’s property tax roll at the same time as general taxes. The number of liens and the amount collected over the 13 previous years is summarized in the following table:

Budget Year	Liens Authorized		Liens Placed		Collected Amount*
	Number	Amount	Number	Amount
2025-26	6,614	$2,689,346	3,639	$1,676,743	$897,389
2024-25	6,876	$2,437,618	3,470	$1,468,506	$1,450,998
2023-24	6,067	$1,854,398	2,993	$1,090,050	$1,112,615
2022-23	5,053	$1,569,087	2,599	$ 954,652	$ 991,267
2021-22	5,328	$1,641,401	2,872	$1,034,059	$1,137,109
2020-21	5,973	$1,824,762	3,190	$1,109,828	$1,219,564
2019-20	5,721	$1,705,348	3,591	$1,196,598	$1,279,608
2018-19	5,093	$1,449,351	3,419	$1,078,485	$1,171,271
2017-18	4,870	$1,393,490	3,058	$ 998,920	$1,096,205
2016-17	4,581	$1,380,976	2,882	$ 981,503	$1,067,969
2015-16	5,329	$1,445,267	3,443	$1,070,236	$1,152,483
2014-15	5,160	$1,370,396	3,457	$1,029,989	$1,110,282
2013-14	5,490	$1,417,829	3,600	$1,034,817	$1,122,082

⃰ Includes delinquent charges, administrative costs, and interest and penalties

The final number of liens to be placed on the tax roll each year is less than the number authorized because customers are afforded the opportunity to pay, in full or in part, the delinquent charges prior to the recording of a lien against the parcel. Customers that have an outstanding balance are notified by their hauler through the regular billing process. In addition, prior to the Public Hearing on May 19, 2026, the haulers mailed notices on May 5, 2026, to the customers notifying them of their delinquent charges and of the possibility that a lien may be placed on their property if payment is not received. The letter provided customers with the date, time, and location of this public hearing and a final date by which payment must be received in order to avoid additional fees and having a lien recorded against their property.

For the 2026-27 tax roll, there are an estimated 9,015 delinquent accounts for service charges and related lien processing fees totaling $3,601,680 in the following County Franchise Areas (CFAs):

CFA	Number of Liens	Delinquent Amount including fees	Location	Franchise Hauler
1	127	$46,053.66	San Antonio Heights, Mt. Baldy	Burrtec
2	237	$55,060.81	Unincorporated Montclair, Upland	Burrtec
5	924	$426,871.04	Unincorporated West Fontana	Burrtec
6	1,079	$426,160.73	Bloomington	Burrtec
8	564	$204,732.39	Muscoy, Unincorporated San Bernardino	Burrtec
9	100	$43,377.70	Unincorporated North Rialto	Burrtec
10	840	$380,702.52	Del Rosa, Devore	Jack’s Disposal
11	28	$9,920.62	Unincorporated Loma Linda	Burrtec
12	203	$80,718.83	Mentone, Oak Glen, Angelus Oaks, Mountain Home Village	Empire Disposal
16	2,766	$910,027.26	Lake Arrowhead, Crestline, Running Springs	Mountain Disposal
18	266	$191,354.67	Spring Valley Lake, Hesperia, Apple Valley	Advance Disposal
19	191	$63,788.74	Victorville, Adelanto, Town of Apple Valley, Landers and Lucerne	Burrtec
20	362	$257,319.34	Phelan and Pinon Hills	CR&R
23	408	$156,242.97	Barstow, Lenwood-Hinkley, and Kramer Junction	Burrtec
25	920	$349,348.75	Morongo Valley, Unincorporated 29 Palms and Yucca Valley, Joshua Tree	Burrtec Waste & Recycling Services
Total	9,015	$3,601,680.03

Section 5473 et seq. of the California Health and Safety Code sets forth the procedures for collecting such delinquent fees through the tax roll. The statute requires the scheduling of a public hearing to accept the list of delinquent charges as a debt owed to the County and that all affected property owners be notified of the hearing at least 14 days prior to the scheduled date of the hearing (as outlined above). The statute also requires the Clerk of the Board to publish

a notice in local newspapers. The notice is published in the Hi-Desert Star, Daily Press, Inland Valley Daily Bulletin/Ontario, Press Enterprise, The Sun, La Prensa and the Mountain News approximately, both one and two weeks prior to the hearing date.

Upon submittal to the Auditor-Controller/Treasurer/Tax Collector or on or before August 10^th of each year, the delinquent accounts will be placed on the tax rolls for collection and liens will be recorded against the applicable parcels. The recorded liens will provide notice to subsequent purchasers and mortgagees of the outstanding delinquencies. Collecting delinquent hauler service charges through the tax rolls is a standard practice for local jurisdictions such as the cities of Fontana, Yucaipa, Rialto, Highland, and many others that provide similar uniform handling services. The County first placed delinquent hauler liens on the 2005 tax roll and has continued this practice in each subsequent year.

The placement and collection of delinquent hauler fees on the property tax roll supports the goals and objectives of operating in a fiscally responsible and business-like manner by taking all necessary steps to ensure that the waste haulers are reimbursed for the waste handling services provided to the property owners within uniform handing areas.

PROCUREMENT

Not applicable.

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Jolena Grider, Deputy County Counsel, 387-5455) on March 25, 2026; and County Finance and Administration (Matthew Dalton, Administrative Analyst, 387-5005) on May 2, 2026.

Legislation Details