{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-5120.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-5120.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-5120.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-5120.html"}],"law_id":70689,"edition_id":1,"section_id":70689,"structure_id":14792,"section_number":"15.2-5120","catch_line":"Powers of authority in certain counties and cities","history":"1997, c. 587; 2019, c. 632.","full_text":"An authority or authorities created pursuant to the provisions of this chapter by Arlington County and the City of Alexandria, singularly or jointly, may enter into contracts relating to the furnishing of services and facilities for refuse collection and disposal and conversion of same to energy (system) with any person or partnership or corporation (entity). The contract shall not have a term in excess of 30 years from the date on which service is first provided. It may make provisions for:\n\n1\n\nThe use by the authority of all or a portion of the disposal capacity of such system for the authority’s present or future requirements;2\n\nThe delivery by or for the account of the authority of specified quantities of refuse, whether or not the authority collects such refuse;3\n\nThe making of payments in respect of such quantities of refuse, whether or not the refuse is delivered, including payments in respect of revenues lost if such refuse is not delivered;4\n\nAdjustments to payments to be made by the authority because of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the system, or other events beyond the control of the entity or in respect of the actual costs of maintaining, repairing, or operating the system, including debt service or capital lease payments, capital costs, or other financing charges relating to the system; and5\n\nThe collection by the entity of fees, rates, or charges from persons using disposal capacity for which the authority has contracted.\n\t\t\tThe authority may fix, charge, and collect fees, rates, and charges for services furnished or made available by the entity operating the system to provide sufficient funds at all times during the term of the contract, together with other funds available to the authority for such purposes, to pay all amounts due from time to time under such contract and to provide a margin of safety for such payment. The authority may covenant with the entity to establish and maintain fees, rates, and charges at such levels during the term of the contract for such purposes.\n\t\t\tSuch fees, rates, and charges shall not apply to refuse generated, purchased, or utilized by any enterprise located in the service area and engaged in the business of manufacturing, mining, processing, refining, or conversion that is not disposed at or through such system.\n\t\t\tThe fees, rates, and charges may be imposed upon the owners, tenants, or occupants of each occupied lot or parcel of land that the authority determines (with the concurrence at the time of such determination of the local government in which such parcel is located) is in the service area, or portion thereof, of the system for which the authority has contracted, whether or not refuse generated from such parcel is actually delivered to such system.\n\t\t\tThe fees, rates, and charges shall be fixed in accordance with the procedures set forth in subsection D of § 15.2-5136. Such fees, rates, and charges may be allocated among the owners, tenants, or occupants of each lot or parcel of land that the authority determines is in the service area, or portion thereof, of the system for which the authority has contracted. Such allocation may be based upon:1\n\nWaste generation estimates, the average number of persons residing, working in, or otherwise connected with such premises, the type and character of such premises, or upon any combination of the foregoing factors;2\n\nThe amount of refuse delivered to such system;3\n\nThe assessed value of such parcels; or4\n\nA combination of the foregoing.\n\t\t\tThere shall be a lien on real estate for the amount of such fees, rates, and charges as provided in § 15.2-5139. The authority is empowered by resolution or other lawful action to enforce the payment of the lien by means of the actions described in § 15.2-5138.\n\t\t\tThe power to establish such fees, rates, and charges shall be in addition to any other powers granted hereunder, and such fees, rates, and charges shall not be subject to the jurisdiction of any commission, authority, or other unit of government. The entity contracting with the authority, except to the extent that rights herein given may be restricted by the contract, either at law or in equity, by suit, mandamus, or other proceedings, may protect and enforce any and all rights granted under such contract and may force and compel the performance of all duties required by this chapter or by such contract to be performed by the authority or by any officer thereof, including without limitation the fixing, charging, and collecting of fees, rates, and charges in accordance with this chapter and such contract.\n\t\t\tSuch contract, with the irrevocable consent of the entity, may be made directly with the trustee for indebtedness issued to finance such system and provide for payment directly to such trustee. The authority may pledge fees, rates, and charges made in respect of the contract with the entity, and such pledge shall be valid and binding from the time it is made. Fees, rates, and charges so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery or further act, and the lien of such pledge shall be valid and binding against all parties having claims of any kind, in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Neither the contract nor any assignment thereof need be filed or recorded except in the records of the authority.\n\t\t\tThe requirements and restrictions of § 15.2-5121 shall not apply to any contract of the authority with respect to the system if the entity for such system will not collect refuse from the generators of the same and there are no such facilities located in the area served by the authority.","order_by":null,"text":{"0":{"id":254982,"text":"An authority or authorities created pursuant to the provisions of this chapter by Arlington County and the City of Alexandria, singularly or jointly, may enter into contracts relating to the furnishing of services and facilities for refuse collection and disposal and conversion of same to energy (system) with any person or partnership or corporation (entity). The contract shall not have a term in excess of 30 years from the date on which service is first provided. It may make provisions for:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":254983,"text":"The use by the authority of all or a portion of the disposal capacity of such system for the authority’s present or future requirements;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":254984,"text":"The delivery by or for the account of the authority of specified quantities of refuse, whether or not the authority collects such refuse;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":254985,"text":"The making of payments in respect of such quantities of refuse, whether or not the refuse is delivered, including payments in respect of revenues lost if such refuse is not delivered;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":254986,"text":"Adjustments to payments to be made by the authority because of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the system, or other events beyond the control of the entity or in respect of the actual costs of maintaining, repairing, or operating the system, including debt service or capital lease payments, capital costs, or other financing charges relating to the system; and","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":254987,"text":"The collection by the entity of fees, rates, or charges from persons using disposal capacity for which the authority has contracted.\n\t\t\tThe authority may fix, charge, and collect fees, rates, and charges for services furnished or made available by the entity operating the system to provide sufficient funds at all times during the term of the contract, together with other funds available to the authority for such purposes, to pay all amounts due from time to time under such contract and to provide a margin of safety for such payment. The authority may covenant with the entity to establish and maintain fees, rates, and charges at such levels during the term of the contract for such purposes.\n\t\t\tSuch fees, rates, and charges shall not apply to refuse generated, purchased, or utilized by any enterprise located in the service area and engaged in the business of manufacturing, mining, processing, refining, or conversion that is not disposed at or through such system.\n\t\t\tThe fees, rates, and charges may be imposed upon the owners, tenants, or occupants of each occupied lot or parcel of land that the authority determines (with the concurrence at the time of such determination of the local government in which such parcel is located) is in the service area, or portion thereof, of the system for which the authority has contracted, whether or not refuse generated from such parcel is actually delivered to such system.\n\t\t\tThe fees, rates, and charges shall be fixed in accordance with the procedures set forth in subsection D of § 15.2-5136. Such fees, rates, and charges may be allocated among the owners, tenants, or occupants of each lot or parcel of land that the authority determines is in the service area, or portion thereof, of the system for which the authority has contracted. Such allocation may be based upon:","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"1"},"6":{"id":254988,"text":"Waste generation estimates, the average number of persons residing, working in, or otherwise connected with such premises, the type and character of such premises, or upon any combination of the foregoing factors;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5","next_prefix":"2"},"7":{"id":254989,"text":"The amount of refuse delivered to such system;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"8":{"id":254990,"text":"The assessed value of such parcels; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"9":{"id":254991,"text":"A combination of the foregoing.\n\t\t\tThere shall be a lien on real estate for the amount of such fees, rates, and charges as provided in § 15.2-5139. The authority is empowered by resolution or other lawful action to enforce the payment of the lien by means of the actions described in § 15.2-5138.\n\t\t\tThe power to establish such fees, rates, and charges shall be in addition to any other powers granted hereunder, and such fees, rates, and charges shall not be subject to the jurisdiction of any commission, authority, or other unit of government. The entity contracting with the authority, except to the extent that rights herein given may be restricted by the contract, either at law or in equity, by suit, mandamus, or other proceedings, may protect and enforce any and all rights granted under such contract and may force and compel the performance of all duties required by this chapter or by such contract to be performed by the authority or by any officer thereof, including without limitation the fixing, charging, and collecting of fees, rates, and charges in accordance with this chapter and such contract.\n\t\t\tSuch contract, with the irrevocable consent of the entity, may be made directly with the trustee for indebtedness issued to finance such system and provide for payment directly to such trustee. The authority may pledge fees, rates, and charges made in respect of the contract with the entity, and such pledge shall be valid and binding from the time it is made. Fees, rates, and charges so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery or further act, and the lien of such pledge shall be valid and binding against all parties having claims of any kind, in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Neither the contract nor any assignment thereof need be filed or recorded except in the records of the authority.\n\t\t\tThe requirements and restrictions of § 15.2-5121 shall not apply to any contract of the authority with respect to the system if the entity for such system will not collect refuse from the generators of the same and there are no such facilities located in the area served by the authority.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":14792,"edition_id":1,"name":"Functions of Authorities","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13433,"metadata":{},"date_created":"2026-06-26 03:49:54","date_modified":"2026-06-26 03:49:54","permalink":{"id":158505,"object_type":"structure","relational_id":14792,"identifier":"3","token":"15.2\/IV\/51\/3","url":"\/15.2\/IV\/51\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13433,"edition_id":1,"name":"Virginia Water and Waste Authorities Act","identifier":"51","label":"chapter","depth":3,"order_by":1,"parent_id":12721,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":158455,"object_type":"structure","relational_id":13433,"identifier":"51","token":"15.2\/IV\/51","url":"\/15.2\/IV\/51\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12721,"edition_id":1,"name":"Other Governmental Entities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":157897,"object_type":"structure","relational_id":12721,"identifier":"IV","token":"15.2\/IV","url":"\/15.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65186,"structure_id":14792,"section_number":"15.2-5110","catch_line":"Amendment of articles of incorporation","url":"\/15.2-5110\/","token":"15.2\/IV\/51\/3\/15.2-5110","metadata":false},{"id":65265,"structure_id":14792,"section_number":"15.2-5111","catch_line":"Specification of projects","url":"\/15.2-5111\/","token":"15.2\/IV\/51\/3\/15.2-5111","metadata":false},{"id":79459,"structure_id":14792,"section_number":"15.2-5112","catch_line":"Joinder of another locality or authority; withdrawal from authority","url":"\/15.2-5112\/","token":"15.2\/IV\/51\/3\/15.2-5112","metadata":false},{"id":69244,"structure_id":14792,"section_number":"15.2-5113","catch_line":"Members of authority board; chief administrative or executive officer","url":"\/15.2-5113\/","token":"15.2\/IV\/51\/3\/15.2-5113","metadata":false},{"id":81312,"structure_id":14792,"section_number":"15.2-5114","catch_line":"Powers of authority","url":"\/15.2-5114\/","token":"15.2\/IV\/51\/3\/15.2-5114","metadata":false},{"id":81544,"structure_id":14792,"section_number":"15.2-5115","catch_line":"Same; contracts relating to use of systems","url":"\/15.2-5115\/","token":"15.2\/IV\/51\/3\/15.2-5115","metadata":false},{"id":64289,"structure_id":14792,"section_number":"15.2-5116","catch_line":"Same; effect of annexation","url":"\/15.2-5116\/","token":"15.2\/IV\/51\/3\/15.2-5116","metadata":false},{"id":70234,"structure_id":14792,"section_number":"15.2-5117","catch_line":"Same; insurance for employees","url":"\/15.2-5117\/","token":"15.2\/IV\/51\/3\/15.2-5117","metadata":false},{"id":59707,"structure_id":14792,"section_number":"15.2-5118","catch_line":"Powers of Authority; streetlights in King George County","url":"\/15.2-5118\/","token":"15.2\/IV\/51\/3\/15.2-5118","metadata":false},{"id":70267,"structure_id":14792,"section_number":"15.2-5119","catch_line":"Power to provide and operate electric energy systems","url":"\/15.2-5119\/","token":"15.2\/IV\/51\/3\/15.2-5119","metadata":false},{"id":70689,"structure_id":14792,"section_number":"15.2-5120","catch_line":"Powers of authority in certain counties and cities","url":"\/15.2-5120\/","token":"15.2\/IV\/51\/3\/15.2-5120","metadata":false},{"id":64723,"structure_id":14792,"section_number":"15.2-5121","catch_line":"Operation of refuse collection systems; displacement of private companies","url":"\/15.2-5121\/","token":"15.2\/IV\/51\/3\/15.2-5121","metadata":false},{"id":67271,"structure_id":14792,"section_number":"15.2-5122","catch_line":"Approval for certain water supply impoundment facilities","url":"\/15.2-5122\/","token":"15.2\/IV\/51\/3\/15.2-5122","metadata":false},{"id":85135,"structure_id":14792,"section_number":"15.2-5123","catch_line":"Sewage treatment plants to include certain capability","url":"\/15.2-5123\/","token":"15.2\/IV\/51\/3\/15.2-5123","metadata":false},{"id":56581,"structure_id":14792,"section_number":"15.2-5124","catch_line":"Repealed","url":"\/15.2-5124\/","token":"15.2\/IV\/51\/3\/15.2-5124","metadata":false}],"previous_section":{"id":70267,"structure_id":14792,"section_number":"15.2-5119","catch_line":"Power to provide and operate electric energy systems","url":"\/15.2-5119\/","token":"15.2\/IV\/51\/3\/15.2-5119","metadata":false},"next_section":{"id":64723,"structure_id":14792,"section_number":"15.2-5121","catch_line":"Operation of refuse collection systems; displacement of private companies","url":"\/15.2-5121\/","token":"15.2\/IV\/51\/3\/15.2-5121","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-5120\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 587<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 632<\/a>.<\/p>","references":false,"refers_to":[{"id":64723,"section_number":"15.2-5121","catch_line":"Operation of refuse collection systems; displacement of private companies","order_by":null,"url":"\/15.2-5121\/"},{"id":72962,"section_number":"15.2-5136","catch_line":"Rates and charges","order_by":null,"url":"\/15.2-5136\/"},{"id":61472,"section_number":"15.2-5138","catch_line":"Enforcement of charges","order_by":null,"url":"\/15.2-5138\/"},{"id":64315,"section_number":"15.2-5139","catch_line":"Lien for charges","order_by":null,"url":"\/15.2-5139\/"}],"permalink":{"id":158547,"object_type":"law","relational_id":70689,"identifier":"15.2-5120","token":"15.2\/IV\/51\/3\/15.2-5120","url":"\/15.2-5120\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-5120\/","token":"15.2\/IV\/51\/3\/15.2-5120","dublin_core":{"Title":"Powers of authority in certain counties and cities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-5120","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

An authority<\/span> or authorities created pursuant to the provisions of this chapter by Arlington County<\/span> and the City<\/span> of Alexandria, singularly or jointly, may enter into contracts<\/span> relating to the furnishing of services and facilities for refuse<\/span> collection and disposal and conversion of same to energy (system<\/span>) with any person or partnership or corporation (entity). The contract<\/span> shall not have a term in excess of 30 years from the date on which service is first provided. It may make provisions for:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The use by the authority<\/span> of all or a portion of the disposal capacity of such system<\/span> for the authority<\/span>’s present or future requirements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The delivery by or for the account of the authority<\/span> of specified quantities of refuse<\/span>, whether or not the authority<\/span> collects such refuse<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The making of payments in respect of such quantities of refuse<\/span>, whether or not the refuse<\/span> is delivered, including payments in respect of revenues lost if such refuse<\/span> is not delivered; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Adjustments to payments to be made by the authority<\/span> because of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the system<\/span>, or other events beyond the control of the entity or in respect of the actual costs of maintaining, repairing, or operating the system<\/span>, including debt service or capital lease payments, capital costs, or other financing charges relating to the system<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The collection by the entity of fees, rates, or charges from persons using disposal capacity for which the authority<\/span> has contracted.\n\t\t\tThe authority<\/span> may fix, charge, and collect fees, rates, and charges for services furnished or made available by the entity operating the system<\/span> to provide sufficient funds at all times during the term of the contract<\/span>, together with other funds available to the authority<\/span> for such purposes, to pay all amounts due from time to time under such contract<\/span> and to provide a margin of safety for such payment. The authority<\/span> may covenant with the entity to establish and maintain fees, rates, and charges at such levels during the term of the contract<\/span> for such purposes.\n\t\t\tSuch fees, rates, and charges shall not apply to refuse<\/span> generated, purchased, or utilized by any enterprise located in the service area and engaged in the business of manufacturing, mining, processing, refining, or conversion that is not disposed at or through such system<\/span>.\n\t\t\tThe fees, rates, and charges may be imposed upon the owners<\/span>, tenants, or occupants of each occupied lot or parcel of land that the authority<\/span> determines (with the concurrence at the time of such determination of the local government<\/span> in which such parcel is located) is in the service area, or portion thereof, of the system<\/span> for which the authority<\/span> has contracted, whether or not refuse<\/span> generated from such parcel is actually delivered to such system<\/span>.\n\t\t\tThe fees, rates, and charges shall be fixed in accordance with the procedures set forth in subsection D of § 15.2-5136<\/a>. Such fees, rates, and charges may be allocated among the owners<\/span>, tenants, or occupants of each lot or parcel of land that the authority<\/span> determines is in the service area, or portion thereof, of the system<\/span> for which the authority<\/span> has contracted. Such allocation may be based upon: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Waste generation estimates, the average number of persons residing, working in, or otherwise connected with such premises, the type and character of such premises, or upon any combination of the foregoing factors; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The amount of refuse<\/span> delivered to such system<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The assessed value of such parcels; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A combination of the foregoing.\n\t\t\tThere shall be a lien<\/span> on real estate for the amount of such fees, rates, and charges as provided in § 15.2-5139<\/a>. The authority<\/span> is empowered by resolution or other lawful action to enforce the payment of the lien<\/span> by means of the actions described in § 15.2-5138<\/a>.\n\t\t\tThe power to establish such fees, rates, and charges shall be in addition to any other powers granted hereunder, and such fees, rates, and charges shall not be subject to the jurisdiction<\/span> of any commission, authority<\/span>, or other unit<\/span> of government. The entity contracting with the authority<\/span>, except to the extent that rights herein given may be restricted by the contract<\/span>, either at law<\/span> or in equity<\/span>, by suit, mandamus, or other proceedings, may protect and enforce any and all rights granted under such contract<\/span> and may force and compel the performance of all duties required by this chapter or by such contract<\/span> to be performed by the authority<\/span> or by any officer thereof, including without limitation the fixing, charging, and collecting of fees, rates, and charges in accordance with this chapter and such contract<\/span>.\n\t\t\tSuch contract<\/span>, with the irrevocable consent of the entity, may be made directly with the trustee for indebtedness issued to finance such system<\/span> and provide for payment directly to such trustee. The authority<\/span> may pledge fees, rates, and charges made in respect of the contract<\/span> with the entity, and such pledge shall be valid and binding from the time it is made. Fees, rates, and charges so pledged and thereafter received by the authority<\/span> shall immediately be subject to the lien<\/span> of such pledge without any physical delivery or further act, and the lien<\/span> of such pledge shall be valid and binding against all parties having claims of any kind, in tort<\/span>, contract<\/span>, or otherwise, irrespective of whether such parties have notice thereof. Neither the contract<\/span> nor any assignment thereof need be filed or recorded except in the records of the authority<\/span>.\n\t\t\tThe requirements and restrictions of § 15.2-5121<\/a> shall not apply to any contract<\/span> of the authority<\/span> with respect to the system<\/span> if the entity for such system<\/span> will not collect refuse<\/span> from the generators of the same and there are no such facilities located in the area served by the authority<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS OF AUTHORITY IN CERTAIN COUNTIES AND CITIES (\u00a7 15.2-5120)\n\nAn authority or authorities created pursuant to the provisions of this chapter\nby Arlington County and the City of Alexandria, singularly or jointly, may enter\ninto contracts relating to the furnishing of services and facilities for refuse\ncollection and disposal and conversion of same to energy (system) with any\nperson or partnership or corporation (entity). The contract shall not have a\nterm in excess of 30 years from the date on which service is first provided. It\nmay make provisions for:\n\n1. The use by the authority of all or a portion of the disposal capacity of such\nsystem for the authority’s present or future requirements;\n\n2. The delivery by or for the account of the authority of specified quantities\nof refuse, whether or not the authority collects such refuse;\n\n3. The making of payments in respect of such quantities of refuse, whether or\nnot the refuse is delivered, including payments in respect of revenues lost if\nsuch refuse is not delivered;\n\n4. Adjustments to payments to be made by the authority because of inflation,\nchanges in energy prices or residue disposal costs, taxes imposed upon the\nsystem, or other events beyond the control of the entity or in respect of the\nactual costs of maintaining, repairing, or operating the system, including debt\nservice or capital lease payments, capital costs, or other financing charges\nrelating to the system; and\n\n5. The collection by the entity of fees, rates, or charges from persons using\ndisposal capacity for which the authority has contracted.\n\t\t\tThe authority may fix, charge, and collect fees, rates, and charges for\nservices furnished or made available by the entity operating the system to\nprovide sufficient funds at all times during the term of the contract, together\nwith other funds available to the authority for such purposes, to pay all\namounts due from time to time under such contract and to provide a margin of\nsafety for such payment. The authority may covenant with the entity to establish\nand maintain fees, rates, and charges at such levels during the term of the\ncontract for such purposes.\n\t\t\tSuch fees, rates, and charges shall not apply to refuse generated, purchased,\nor utilized by any enterprise located in the service area and engaged in the\nbusiness of manufacturing, mining, processing, refining, or conversion that is\nnot disposed at or through such system.\n\t\t\tThe fees, rates, and charges may be imposed upon the owners, tenants, or\noccupants of each occupied lot or parcel of land that the authority determines\n(with the concurrence at the time of such determination of the local government\nin which such parcel is located) is in the service area, or portion thereof, of\nthe system for which the authority has contracted, whether or not refuse\ngenerated from such parcel is actually delivered to such system.\n\t\t\tThe fees, rates, and charges shall be fixed in accordance with the procedures\nset forth in subsection D of § 15.2-5136. Such fees, rates, and charges may\nbe allocated among the owners, tenants, or occupants of each lot or parcel of\nland that the authority determines is in the service area, or portion thereof,\nof the system for which the authority has contracted. Such allocation may be\nbased upon:\n\n1. Waste generation estimates, the average number of persons residing, working\nin, or otherwise connected with such premises, the type and character of such\npremises, or upon any combination of the foregoing factors;\n\n2. The amount of refuse delivered to such system;\n\n3. The assessed value of such parcels; or\n\n4. A combination of the foregoing.\n\t\t\tThere shall be a lien on real estate for the amount of such fees, rates, and\ncharges as provided in § 15.2-5139. The authority is empowered by\nresolution or other lawful action to enforce the payment of the lien by means of\nthe actions described in § 15.2-5138.\n\t\t\tThe power to establish such fees, rates, and charges shall be in addition to\nany other powers granted hereunder, and such fees, rates, and charges shall not\nbe subject to the jurisdiction of any commission, authority, or other unit of\ngovernment. The entity contracting with the authority, except to the extent that\nrights herein given may be restricted by the contract, either at law or in\nequity, by suit, mandamus, or other proceedings, may protect and enforce any and\nall rights granted under such contract and may force and compel the performance\nof all duties required by this chapter or by such contract to be performed by\nthe authority or by any officer thereof, including without limitation the\nfixing, charging, and collecting of fees, rates, and charges in accordance with\nthis chapter and such contract.\n\t\t\tSuch contract, with the irrevocable consent of the entity, may be made\ndirectly with the trustee for indebtedness issued to finance such system and\nprovide for payment directly to such trustee. The authority may pledge fees,\nrates, and charges made in respect of the contract with the entity, and such\npledge shall be valid and binding from the time it is made. Fees, rates, and\ncharges so pledged and thereafter received by the authority shall immediately be\nsubject to the lien of such pledge without any physical delivery or further act,\nand the lien of such pledge shall be valid and binding against all parties\nhaving claims of any kind, in tort, contract, or otherwise, irrespective of\nwhether such parties have notice thereof. Neither the contract nor any\nassignment thereof need be filed or recorded except in the records of the\nauthority.\n\t\t\tThe requirements and restrictions of § 15.2-5121 shall not apply to any\ncontract of the authority with respect to the system if the entity for such\nsystem will not collect refuse from the generators of the same and there are no\nsuch facilities located in the area served by the authority.\n\nHISTORY: 1997, c. 587; 2019, c. 632.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}