Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: June 2, 2026
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Amendment No. 8 to the Waste Disposal Agreement Between the County of San Bernardino and the City of Victorville
Recommendation:
That the Honorable City Council authorize the Mayor to execute Amendment No. 8 to the Waste Disposal Agreement between the County of San Bernardino and the City of Victorville.
Fiscal Impact:
As part of the Waste Disposal Agreement (WDA), the City will pay 83 percent (83%) of the published Gate Rate at the landfill. Based on the current published Gate Rate of $49.49 per ton, the City’s disposal rate will be $41.08 per ton, resulting in additional savings of $0.99 per ton compared to the current WDA rate.
Based on the past year’s activity, the City’s additional annual savings are estimated at approximately $86,860, resulting in total annual savings of approximately $737,850 per year compared to the Gate Rate. Over the remaining nine years of the agreement, the City is projected to save approximately $6.6 million.
These projected cost savings will be reflected in account: 4260400-52325 (Solid Waste – Disposal Charges).
Strategic Plan Goal:
This item aligns with Goal A of the Strategic Plan, Financial Sustainability. By partnering with San Bernardino County and other WDA cities, the City is ensuring it is obtaining the best value for its waste disposal.
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Background:
Just outside the City’s limits, San Bernardino County has operated the Victorville landfill.
The facility opened in 1955 and is approximately 491 acres. Solid waste from the City’s residential, commercial, and industrial customers are collected by the City’s franchised hauler, Victorville Disposal (Burrtec) and disposed of at San Bernardino County’s Victorville Landfill, located at 18600 Stoddard Wells Rd.
In December 1997, the City of Victorville entered into a WDA with the County of San Bernardino. Under the terms of the WDA, the City agreed to deliver all Controllable Waste to the County’s Victorville landfill for 15 years, and the County agreed to guarantee landfill disposal capacity at its landfill. In addition, the County reduced the disposal fee for the City’s Controllable Waste by $4.50 per ton from the regular tipping fee. The County further agreed that the City (and other communities which adopted the WDA) would continue to receive the lowest rate available for use of the County landfill. The WDA outlined a method to adjust rates each year in July, using a formula which incorporates the Producer Price Index—Industrial Commodities, and the Employment Cost Index. Eventually, a total of 15 municipalities within the County adopted and signed the WDA.
The WDA has been amended several times since its adoption, as noted below:
Amendment No. 1 was approved in February 2002 and allowed for additional refuse tonnage (“Article 19” tonnage) to be brought into the landfill system. The amendment included a revenue sharing agreement with WDA contract cities for revenues generated from the additional tonnage.
Amendment No. 2 was approved in June 2003 and increased the maximum allowable tonnage of Article 19 refuse per year (refuse accepted from the contracted landfill operator originating from outside of the County). Amendment No. 3 was approved in February 2011 and made minor revisions to the formula for escalation so that changes could be made earlier in the year to coincide with the County’s and cities’ fiscal year calendars. Amendment No. 4 was approved in October 2012 and extended the term of the agreement for an additional 3½ years, through June 30, 2016. Amendment No. 5 was approved in May 2016 and extended the term of the agreement for five years, through June 30, 2021. In addition, a fixed $0.82 per ton credit was included per year for the term of the WDA. The Amendment also allowed the County to enter into agreements to accept in-County waste from non-WDA users of the County disposal system at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements. Amendment No. 6 was approved in June 2021 and extended the term of the agreement for five years, through June 30, 2026. In addition, the WDA jurisdictions received a one-time credit of $0.98/ton for FY 21/22.
Amendment No. 7 was approved in June 2022 and established a cap on the WDA rate so that the rate could not exceed 85 percent of the Gate Rate. Although the rate increased from $38.00 per ton to $40.75 per ton, the amendment resulted in subsequent savings in comparison to what the rate would have been with the previous amendment at $43.41 per ton. Additionally, the amendment removed the 4 7
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option to terminate the agreement for the City’s convenience for the remainder of the WDA term (through June 30, 2026).
Victorville’s residents and businesses disposed of approximately 87,735 tons of refuse last year through the program. The City is billed each month by San Bernardino County Solid Waste Management for disposal of this waste. The posted landfill disposal costs, known as the “Gate Rate,” are currently $49.49 per ton and through the City’s WDA, the City is currently paying $42.07 per ton, which is 85 percent (85%) of the Gate Rate. The cost for disposal is incorporated into the fee for Solid Waste Services, which the City bills to residential and commercial customers each month.
The WDA has provided the City with long-term, guaranteed disposal capacity at a discounted rate lower than the Gate Rate charged to other landfill users. The WDA, as currently amended, has also established a formula for adjusting the rate each year.
In addition to the WDA cities, the County also has an agreement with their landfill operator, Athens, for disposal of Controllable Waste.
Discussion:
Staff, working together with the staff of the other WDA cities, have been negotiating the amendment to the WDA for close to a year. The team negotiating the contract reviewed WDA city waste streams, as well as other waste streams being generated outside the County.
Due to landfill capacity issues within other counties, waste streams from outside the County have increased. For example, the Chiquita Canyon Landfill in Los Angeles County, had a sudden, unplanned shutdown on January 1, 2023. Additionally, other landfills in Los Angeles County are reaching the end of their useful lives, as permitted by the state. This resulted in a sudden shift in landfill costs in Los Angeles County. For example, the non-Antelope Valley Gate Rate at the Lancaster Landfill is currently $117.53 per ton with a $89.51 minimum for residential waste, while the Gate Rate at the Victorville Landfill is $49.49 and the minimum rate for residential waste is $13.71 for less than 300 pounds. Other landfills in Los Angeles County either limit their availability to select communities or also have comparable rates.
This has caused a ripple effect, with waste haulers depending on landfills outside of Los Angeles County to meet their waste needs. Staff have also spoken with staff representing a jurisdiction in Orange County and learned they are seeing the same effects.
The queue times at the Victorville landfill have increased, causing an impact to Burrtec’s hauling schedule, extended waiting for City staff hauling debris to the landfill, and to City stakeholders who are self-hauling to the landfill. On a few occasions, the Victorville Landfill reached its maximum daily capacity and was forced to shut down and not take waste. As such issues arise, they are brought to the County staff’s attention so modifications can be made to daily landfill operations to prevent further disruption. 4 7
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Additionally, San Bernardino County’s current contracted landfill operator (Athens) is a waste hauler with a larger presence in Los Angeles County than in San Bernardino County. In negotiating their agreement with the County, they were able to secure a lower waste disposal rate than WDA cities. Currently their rates are $37.83 at the Victorville landfill and $41.52 at the Mid-Valley landfill, with a temporary measure which increases their rates as they exceed certain thresholds. The temporary measure will expire at the end of the calendar year.
Historically, the difference in rates has been an issue of contention between WDA cities and the County. WDA cities maintain that although the WDA permits the County to contract with non-WDA cities, they have a Most Favored Nation Clause in Section 3.5, which in part states:
“…in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity) unless the County has first offered the City such more favorable contract (or amendments to this Agreement).” However, the County maintains they do not agree. Amendment No. 5 did address this to a lesser degree, but it was limited to San Bernardino County cities that were non-WDA cities.
The WDA cities have continued to push for rates comparable to, if not better, than the County’s contracted operator. During the March 10, 2026, County Board of Supervisors meeting, when the County provided a workshop on the Solid Waste operation and related rates, the Board of Supervisors demonstrated a consensus that WDA rates should not exceed the rates paid for waste being imported to the County. In response, County staff recommended a one-year extension to the WDA with the current terms, which would allow them the opportunity to perform a thorough system-wide financial analysis and rate study.
In evaluating this proposal, members of the WDA were concerned about how long a thorough study would take to complete. Additionally, there were concerns about the effectiveness of the study since the County’s landfill operator agreement will remain in effect until June 30, 2035, making it difficult to implement changes if the findings were to require changes to that agreement. Therefore, the proposed amendment was negotiated with the County instead.
Proposed Amendment No. 8 to the WDA will reduce the rate the City pays for disposal to $41.08 per ton, which is 83 percent (83%) of the Gate Rate (saving an additional $0.99 per ton compared to the current rate, which staff projects to amount to $86,860 for the first year). Additionally, the amendment will extend the term of the WDA through June 30, 2035, to run concurrent with the County’s contract landfill operator.
Although the County’s landfill operator will still have lower rates for the time being, those rates are subject to an annual escalator. Through the proposed amendment to the WDA, a rate decrease was negotiated whereby WDA cities will continue to have rates lower 4 7
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than the Gate Rate. Additionally, the extension to the term of the WDA agreement to coincide with that of the County’s landfill operator will allow WDA cities to continue advocating for a thorough system-wide financial analysis and rate study to support any future rates adjustments or contract amendments.
Staff from all WDA cities, including Victorville staff, agreed to recommend the subject amendment to their respective councils since it meets the current needs of each jurisdiction. City staff will continue to closely monitor the agendas of upcoming County Board of Supervisor meetings to review and assess the impact of any items brought forward for consideration related to adjusting the Gate Rate or amending the contract with the County’s landfill operator (Athens) to remain prepared to protect the City’s best interests.
Staff recommends the City Council authorize the Mayor to execute Amendment No. 8 to the Waste Disposal Agreement between the County of San Bernardino and the City of Victorville.
Staff remains available for any questions the Council may have.
Prepared By:
Benjamin Lucha, Environmental Programs Manager
Attachments: A. Amendment No. 8 Waste Disposal Agreement