15.2-815 - Regulation of garbage, trash and refuse pickup and disposal services; contracting for such services in certain counties.
§ 15.2-815. Regulation of garbage, trash and refuse pickup and disposalservices; contracting for such services in certain counties.
The board may adopt an ordinance requiring the delivery of all or any portionof the garbage, trash and refuse generated or disposed of within such countyto waste disposal facilities located therein or to waste disposal facilitieslocated outside of such county if the county has contracted for capacity ator service from such facilities.
Such ordinances may provide that it is unlawful for any person to dispose ofhis garbage, trash and refuse in or at any other place. No such ordinanceshall apply to the occupants of single-family residences or family farmsdisposing of their own garbage, trash or refuse if such occupants have paidthe fees, rates and charges of other single-family residences and familyfarms in the same service area.
Such ordinance shall not apply to garbage, trash and refuse generated,purchased or utilized by an entity engaged in the business of manufacturing,mining, processing, refining or conversion except for an entity engaged inthe production of energy or refuse-derived fuels for sale to a person otherthan any entity controlling, controlled by or under the same control as themanufacturer, miner, processor, refiner or converter. Nor shall suchordinance apply to (i) recyclable materials, which are those materials thathave been source-separated by any person or materials that have beenseparated from garbage, trash and refuse by any person for utilization inboth cases as a raw material to be manufactured into a new product other thanfuel or energy, (ii) construction debris to be disposed of in a landfill, or(iii) waste oil. Such ordinances may provide penalties, fines and otherpunishment for violations.
Such county may contract with any person, whether profit or nonprofit, forgarbage and refuse pickup and disposal services and enter into contractsrelating to waste disposal facilities which recover energy or materials fromgarbage, trash and refuse. Such contracts may make provision for, among otherthings, (i) the purchase by the county of all or a portion of the disposalcapacity of a waste disposal facility located within or outside the countyfor present or future waste disposal requirements; (ii) the operation of suchfacility by the county; (iii) the delivery by or on behalf of the contractingcounty of specified quantities of garbage, trash and refuse, whether or notsuch county collects such garbage, trash and refuse, and the making ofpayments for such quantities of garbage, trash and refuse whether or not suchgarbage, trash and refuse are delivered, including payments for revenues lostif garbage, trash and refuse are not delivered; (iv) adjustments to paymentsmade by the county in regard to inflation, changes in energy prices orresidue disposal costs, taxes imposed upon the facility owner or operator, orother events beyond the control of the facility operator or owners; (v) thefixing and collection of fees, rates or charges for use of the disposalfacility and for any product or service resulting from operation of thefacility; and (vi) such other provision as is necessary for the safe andeffective construction, maintenance or operation of such facility, whether ornot such provision displaces competition in any market. Any such contractshall not be deemed to be a debt or gift of the county within the meaning ofany law, charter provision or debt limitation. Nothing in the foregoingpowers granted such county shall include the authority to pledge the fullfaith and credit of such local government in violation of Article X, Section10 of the Constitution of Virginia.
(1985, c. 581, § 15.1-730.1; 1997, c. 587.)