{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-5121.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-5121.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-5121.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-5121.html"}],"law_id":64723,"edition_id":1,"section_id":64723,"structure_id":14792,"section_number":"15.2-5121","catch_line":"Operation of refuse collection systems; displacement of private companies","history":"1983, c. 155, \u00a7 15.1-1250.01; 1992, c. 247; 1993, c. 497; 1994, c. 190; 1995, c. 660; 1997, c. 587.","full_text":"A\n\nNo authority shall operate or contract for the operation of a refuse collection and disposal system for any political subdivision, or collect service charges therefor, unless the authority, and subsequently the locality&#8217;s governing body find: (i) that privately owned and operated refuse collection and disposal services are not available on a voluntary basis by contract or otherwise, (ii) that the use of such privately owned services has substantially endangered the public health or has resulted in substantial public nuisance, (iii) that the privately owned refuse collection and disposal service is not able to perform the service in a reasonable and cost-efficient manner, or (iv) that operation by such authority or the contract for such operation, in spite of any potential anti-competitive effect, is important in order to provide for the development and\/or operation of a regional system of refuse collection and disposal for two or more units.B\n\nNotwithstanding the provisions of subsection A, an authority formed under this chapter shall not operate or contract for the operation of a refuse collection and disposal system which displaces a private company engaged in the provision of refuse collection and disposal unless it provides the company with five years&#8217; notice of its decision to operate such a system. As an alternative to delaying displacement five years, the governing body or authority may pay a displaced company an amount equal to the company&#8217;s preceding twelve months&#8217; gross receipts for the displaced service in the displacement area. Such five-year period shall lapse as to any private company being displaced when such company ceases to provide service within the displacement area.C\n\nFor purposes of this section, &#8220;displace&#8221; or &#8220;displacement&#8221; means an authority&#8217;s provision of a system which prohibits a private company from providing the same service and which it is providing at the time the decision that will result in the displacement is made. Displace or displacement does not mean: (i) competition between the public sector and private companies for individual contracts; (ii) situations in which an authority, at the end of a contract with a private company, does not renew the contract and either awards the contract to another private company or, following a competitive process conducted in accordance with the Virginia Public Procurement Act, decides for any reason to provide such service itself; (iii) situations in which action is taken against a private company because the company has acted in a manner threatening to the public health and safety or resulting in a substantial public nuisance; (iv) situations in which action is taken against a private company because the company has materially breached its contract with the political subdivision; (v) entering into a contract with a private company to provide refuse collection and disposal so long as such contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing refuse collection and disposal; or (vi) situations in which a private company refuses to continue operations under the terms and conditions of its existing agreement during the five-year notice period.D\n\nAn authority shall not make the findings required by subsection A or proceed to seek to operate a refuse collection and disposal system for any political subdivision that would displace a private company pursuant to subsection B until it has provided (i) public notice; (ii) a public hearing; and (iii) no less than forty-five days prior to the public hearing, written notice mailed first class to all private companies providing a refuse collection and disposal system in the political subdivision that can be identified through the political subdivision&#8217;s records.E\n\nThe requirements and restrictions of this section shall not apply in any political subdivision wherein refuse collection and disposal services are being operated or contracted for by any sanitary district located therein, as of July 1, 1983.F\n\nNotwithstanding the provisions of this section, a political subdivision need not comply with the requirements of this section if:1\n\nThe authority proposes to contract with the private sector for services or systems involving discarded or waste materials removed from the nonhazardous solid waste stream for recycling; or2\n\nThe authority proposes to contract with the private sector for services or systems involving collection and disposal of nonhazardous solid waste and (i) the collected waste will be disposed of in a state-permitted waste management facility; (ii) the authority has a contract for services which shall be paid for through a supporting financial agreement approved by the participating locality&#8217;s governing body; and (iii) such action will not displace a private company engaged in refuse collection and disposal. For purposes of this section, &#8220;recycling&#8221; means the process of separating a particular nonhazardous waste material from the waste stream and processing it so that it may be used again as a new material.","order_by":null,"text":{"0":{"id":235565,"text":"No authority shall operate or contract for the operation of a refuse collection and disposal system for any political subdivision, or collect service charges therefor, unless the authority, and subsequently the locality&#8217;s governing body find: (i) that privately owned and operated refuse collection and disposal services are not available on a voluntary basis by contract or otherwise, (ii) that the use of such privately owned services has substantially endangered the public health or has resulted in substantial public nuisance, (iii) that the privately owned refuse collection and disposal service is not able to perform the service in a reasonable and cost-efficient manner, or (iv) that operation by such authority or the contract for such operation, in spite of any potential anti-competitive effect, is important in order to provide for the development and\/or operation of a regional system of refuse collection and disposal for two or more units.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235566,"text":"Notwithstanding the provisions of subsection A, an authority formed under this chapter shall not operate or contract for the operation of a refuse collection and disposal system which displaces a private company engaged in the provision of refuse collection and disposal unless it provides the company with five years&#8217; notice of its decision to operate such a system. As an alternative to delaying displacement five years, the governing body or authority may pay a displaced company an amount equal to the company&#8217;s preceding twelve months&#8217; gross receipts for the displaced service in the displacement area. Such five-year period shall lapse as to any private company being displaced when such company ceases to provide service within the displacement area.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235567,"text":"For purposes of this section, &#8220;displace&#8221; or &#8220;displacement&#8221; means an authority&#8217;s provision of a system which prohibits a private company from providing the same service and which it is providing at the time the decision that will result in the displacement is made. Displace or displacement does not mean: (i) competition between the public sector and private companies for individual contracts; (ii) situations in which an authority, at the end of a contract with a private company, does not renew the contract and either awards the contract to another private company or, following a competitive process conducted in accordance with the Virginia Public Procurement Act, decides for any reason to provide such service itself; (iii) situations in which action is taken against a private company because the company has acted in a manner threatening to the public health and safety or resulting in a substantial public nuisance; (iv) situations in which action is taken against a private company because the company has materially breached its contract with the political subdivision; (v) entering into a contract with a private company to provide refuse collection and disposal so long as such contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing refuse collection and disposal; or (vi) situations in which a private company refuses to continue operations under the terms and conditions of its existing agreement during the five-year notice period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":235568,"text":"An authority shall not make the findings required by subsection A or proceed to seek to operate a refuse collection and disposal system for any political subdivision that would displace a private company pursuant to subsection B until it has provided (i) public notice; (ii) a public hearing; and (iii) no less than forty-five days prior to the public hearing, written notice mailed first class to all private companies providing a refuse collection and disposal system in the political subdivision that can be identified through the political subdivision&#8217;s records.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":235569,"text":"The requirements and restrictions of this section shall not apply in any political subdivision wherein refuse collection and disposal services are being operated or contracted for by any sanitary district located therein, as of July 1, 1983.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":235570,"text":"Notwithstanding the provisions of this section, a political subdivision need not comply with the requirements of this section if:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":235571,"text":"The authority proposes to contract with the private sector for services or systems involving discarded or waste materials removed from the nonhazardous solid waste stream for recycling; or","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":235572,"text":"The authority proposes to contract with the private sector for services or systems involving collection and disposal of nonhazardous solid waste and (i) the collected waste will be disposed of in a state-permitted waste management facility; (ii) the authority has a contract for services which shall be paid for through a supporting financial agreement approved by the participating locality&#8217;s governing body; and (iii) such action will not displace a private company engaged in refuse collection and disposal. For purposes of this section, &#8220;recycling&#8221; means the process of separating a particular nonhazardous waste material from the waste stream and processing it so that it may be used again as a new material.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-5121\/","history_text":"<p>This law was first created in 1983. The record of its establishment is cataloged in chapter 155 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. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. 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. Those modifications are as follows: in 1992, chapter 247; in 1993, chapter 497; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0190\">190<\/a>; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0660\">660<\/a>; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>.<\/p>","references":[{"id":70689,"section_number":"15.2-5120","catch_line":"Powers of authority in certain counties and cities","order_by":null,"url":"\/15.2-5120\/"}],"refers_to":false,"permalink":{"id":158551,"object_type":"law","relational_id":64723,"identifier":"15.2-5121","token":"15.2\/IV\/51\/3\/15.2-5121","url":"\/15.2-5121\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-5121\/","token":"15.2\/IV\/51\/3\/15.2-5121","dublin_core":{"Title":"Operation of refuse collection systems; displacement of private companies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-5121","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">authority<\/span> shall operate or <span class=\"dictionary\">contract<\/span> for the operation of a <span class=\"dictionary\">refuse collection and disposal system<\/span> for any <span class=\"dictionary\">political subdivision<\/span>, or collect service charges therefor, unless the <span class=\"dictionary\">authority<\/span>, and subsequently the <span class=\"dictionary\">locality<\/span>&#8217;s <span class=\"dictionary\">governing body<\/span> find: (i) that privately owned and operated refuse collection and disposal services are not available on a voluntary basis by <span class=\"dictionary\">contract<\/span> or otherwise, (ii) that the use of such privately owned services has substantially endangered the public health or has resulted in substantial public nuisance, (iii) that the privately owned refuse collection and disposal service is not able to perform the service in a reasonable and cost-efficient manner, or (iv) that operation by such <span class=\"dictionary\">authority<\/span> or the <span class=\"dictionary\">contract<\/span> for such operation, in spite of any potential anti-competitive effect, is important in <span class=\"dictionary\">order<\/span> to provide for the development and\/or operation of a regional system of refuse collection and disposal for two or more <span class=\"dictionary\">units<\/span>. <a id=\"paragraph-235565\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-5121\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notwithstanding the provisions of subsection A, an <span class=\"dictionary\">authority<\/span> formed under this chapter shall not operate or <span class=\"dictionary\">contract<\/span> for the operation of a <span class=\"dictionary\">refuse collection and disposal system<\/span> which <span class=\"dictionary\">displaces<\/span> a private company engaged in the provision of refuse collection and disposal unless it provides the company with five years&#8217; notice of its decision to operate such a system. As an alternative to delaying <span class=\"dictionary\">displacement<\/span> five years, the <span class=\"dictionary\">governing body<\/span> or <span class=\"dictionary\">authority<\/span> may pay a displaced company an amount equal to the company&#8217;s preceding twelve months&#8217; gross receipts for the displaced service in the <span class=\"dictionary\">displacement<\/span> area. Such five-year period shall lapse as to any private company being displaced when such company ceases to provide service within the <span class=\"dictionary\">displacement<\/span> area. <a id=\"paragraph-235566\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-5121\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> For purposes of this section, &#8220;<span class=\"dictionary\">displace<\/span>&#8221; or &#8220;<span class=\"dictionary\">displacement<\/span>&#8221; means an <span class=\"dictionary\">authority<\/span>&#8217;s provision of a system which prohibits a private company from providing the same service and which it is providing at the time the decision that will result in the <span class=\"dictionary\">displacement<\/span> is made. <span class=\"dictionary\">Displace<\/span> or <span class=\"dictionary\">displacement<\/span> does not mean: (i) competition between the public sector and private companies for individual <span class=\"dictionary\">contracts<\/span>; (ii) situations in which an <span class=\"dictionary\">authority<\/span>, at the end of a <span class=\"dictionary\">contract<\/span> with a private company, does not renew the <span class=\"dictionary\">contract<\/span> and either awards the <span class=\"dictionary\">contract<\/span> to another private company or, following a competitive process conducted in accordance with the Virginia Public Procurement Act, decides for any reason to provide such service itself; (iii) situations in which action is taken against a private company because the company has acted in a manner threatening to the public health and safety or resulting in a substantial public nuisance; (iv) situations in which action is taken against a private company because the company has materially breached its <span class=\"dictionary\">contract<\/span> with the <span class=\"dictionary\">political subdivision<\/span>; (v) entering into a <span class=\"dictionary\">contract<\/span> with a private company to provide refuse collection and disposal so long as such <span class=\"dictionary\">contract<\/span> is not entered into pursuant to an <span class=\"dictionary\">ordinance<\/span> which <span class=\"dictionary\">displaces<\/span> or authorizes the <span class=\"dictionary\">displacement<\/span> of another private company providing refuse collection and disposal; or (vi) situations in which a private company <span class=\"dictionary\">refuses<\/span> to continue operations under the terms and conditions of its existing agreement during the five-year notice period. <a id=\"paragraph-235567\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-5121\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> An <span class=\"dictionary\">authority<\/span> shall not make the <span class=\"dictionary\">findings<\/span> required by subsection A or proceed to seek to operate a <span class=\"dictionary\">refuse collection and disposal system<\/span> for any <span class=\"dictionary\">political subdivision<\/span> that would <span class=\"dictionary\">displace<\/span> a private company pursuant to subsection B until it has provided (i) public notice; (ii) a public <span class=\"dictionary\">hearing<\/span>; and (iii) no less than forty-five days prior to the public <span class=\"dictionary\">hearing<\/span>, written notice mailed first class to all private companies providing a <span class=\"dictionary\">refuse collection and disposal system<\/span> in the <span class=\"dictionary\">political subdivision<\/span> that can be identified through the <span class=\"dictionary\">political subdivision<\/span>&#8217;s records. <a id=\"paragraph-235568\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-5121\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The requirements and restrictions of this section shall not apply in any <span class=\"dictionary\">political subdivision<\/span> wherein refuse collection and disposal services are being operated or contracted for by any sanitary district located therein, as of July 1, 1983. <a id=\"paragraph-235569\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-5121\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Notwithstanding the provisions of this section, a <span class=\"dictionary\">political subdivision<\/span> need not comply with the requirements of this section if: <a id=\"paragraph-235570\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-5121\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">authority<\/span> proposes to <span class=\"dictionary\">contract<\/span> with the private sector for services or <span class=\"dictionary\">systems<\/span> involving discarded or waste <span class=\"dictionary\">materials<\/span> removed from the nonhazardous solid waste stream for <span class=\"dictionary\">recycling<\/span>; or <a id=\"paragraph-235571\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-5121\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">authority<\/span> proposes to <span class=\"dictionary\">contract<\/span> with the private sector for services or <span class=\"dictionary\">systems<\/span> involving collection and disposal of nonhazardous solid waste and (i) the collected waste will be disposed of in a state-permitted waste management facility; (ii) the <span class=\"dictionary\">authority<\/span> has a <span class=\"dictionary\">contract<\/span> for services which shall be paid for through a supporting financial agreement approved by the participating <span class=\"dictionary\">locality<\/span>&#8217;s <span class=\"dictionary\">governing body<\/span>; and (iii) such action will not <span class=\"dictionary\">displace<\/span> a private company engaged in refuse collection and disposal. For purposes of this section, &#8220;<span class=\"dictionary\">recycling<\/span>&#8221; means the process of separating a particular nonhazardous waste <span class=\"dictionary\">material<\/span> from the waste stream and processing it so that it may be used again as a new <span class=\"dictionary\">material<\/span>. <a id=\"paragraph-235572\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-5121\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOPERATION OF REFUSE COLLECTION SYSTEMS; DISPLACEMENT OF PRIVATE COMPANIES (\u00a7\n15.2-5121)\n\nA. No authority shall operate or contract for the operation of a refuse\ncollection and disposal system for any political subdivision, or collect service\ncharges therefor, unless the authority, and subsequently the locality&#8217;s\ngoverning body find: (i) that privately owned and operated refuse collection and\ndisposal services are not available on a voluntary basis by contract or\notherwise, (ii) that the use of such privately owned services has substantially\nendangered the public health or has resulted in substantial public nuisance,\n(iii) that the privately owned refuse collection and disposal service is not\nable to perform the service in a reasonable and cost-efficient manner, or (iv)\nthat operation by such authority or the contract for such operation, in spite of\nany potential anti-competitive effect, is important in order to provide for the\ndevelopment and\/or operation of a regional system of refuse collection and\ndisposal for two or more units.\n\nB. Notwithstanding the provisions of subsection A, an authority formed under\nthis chapter shall not operate or contract for the operation of a refuse\ncollection and disposal system which displaces a private company engaged in the\nprovision of refuse collection and disposal unless it provides the company with\nfive years&#8217; notice of its decision to operate such a system. As an\nalternative to delaying displacement five years, the governing body or authority\nmay pay a displaced company an amount equal to the company&#8217;s preceding\ntwelve months&#8217; gross receipts for the displaced service in the\ndisplacement area. Such five-year period shall lapse as to any private company\nbeing displaced when such company ceases to provide service within the\ndisplacement area.\n\nC. For purposes of this section, &#8220;displace&#8221; or\n&#8220;displacement&#8221; means an authority&#8217;s provision of a system\nwhich prohibits a private company from providing the same service and which it\nis providing at the time the decision that will result in the displacement is\nmade. Displace or displacement does not mean: (i) competition between the public\nsector and private companies for individual contracts; (ii) situations in which\nan authority, at the end of a contract with a private company, does not renew\nthe contract and either awards the contract to another private company or,\nfollowing a competitive process conducted in accordance with the Virginia Public\nProcurement Act, decides for any reason to provide such service itself; (iii)\nsituations in which action is taken against a private company because the\ncompany has acted in a manner threatening to the public health and safety or\nresulting in a substantial public nuisance; (iv) situations in which action is\ntaken against a private company because the company has materially breached its\ncontract with the political subdivision; (v) entering into a contract with a\nprivate company to provide refuse collection and disposal so long as such\ncontract is not entered into pursuant to an ordinance which displaces or\nauthorizes the displacement of another private company providing refuse\ncollection and disposal; or (vi) situations in which a private company refuses\nto continue operations under the terms and conditions of its existing agreement\nduring the five-year notice period.\n\nD. An authority shall not make the findings required by subsection A or proceed\nto seek to operate a refuse collection and disposal system for any political\nsubdivision that would displace a private company pursuant to subsection B until\nit has provided (i) public notice; (ii) a public hearing; and (iii) no less than\nforty-five days prior to the public hearing, written notice mailed first class\nto all private companies providing a refuse collection and disposal system in\nthe political subdivision that can be identified through the political\nsubdivision&#8217;s records.\n\nE. The requirements and restrictions of this section shall not apply in any\npolitical subdivision wherein refuse collection and disposal services are being\noperated or contracted for by any sanitary district located therein, as of July\n1, 1983.\n\nF. Notwithstanding the provisions of this section, a political subdivision need\nnot comply with the requirements of this section if:\n\n   1. The authority proposes to contract with the private sector for services or\n   systems involving discarded or waste materials removed from the nonhazardous\n   solid waste stream for recycling; or\n\n   2. The authority proposes to contract with the private sector for services or\n   systems involving collection and disposal of nonhazardous solid waste and (i)\n   the collected waste will be disposed of in a state-permitted waste management\n   facility; (ii) the authority has a contract for services which shall be paid\n   for through a supporting financial agreement approved by the participating\n   locality&#8217;s governing body; and (iii) such action will not displace a\n   private company engaged in refuse collection and disposal. For purposes of\n   this section, &#8220;recycling&#8221; means the process of separating a\n   particular nonhazardous waste material from the waste stream and processing it\n   so that it may be used again as a new material.\n\nHISTORY: 1983, c. 155, \u00a7 15.1-1250.01; 1992, c. 247; 1993, c. 497; 1994, c.\n190; 1995, c. 660; 1997, c. 587.","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}}