{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-930.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-930.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-930.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-930.html"}],"law_id":85327,"edition_id":1,"section_id":85327,"structure_id":13059,"section_number":"15.2-930","catch_line":"Regulation of garbage and refuse pickup and disposal services; contracting for such services","history":"1968, c. 419, \u00a7 15.1-28.1; 1970, c. 219; 1978, c. 251; 1984, c. 763; 1994, c. 458; 1995, c. 660; 1997, c. 587; 2007, c. 813.","full_text":"A\n\nAny locality may by ordinance impose license taxes upon and otherwise regulate the services rendered by any business engaged in the pickup and disposal of garbage, trash or refuse, wherein service will be provided to the residents of any such locality. Such regulation may include the delineation of service areas, the limitation of the number of persons engaged in such service in any such service area, including the creation of one or more exclusive service areas, and the regulation of rates of charge for any such service.\n\t\t\tSuch locality is authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in its respective jurisdiction.B\n\nPrior to enacting an ordinance pursuant to subsection A which displaces a private company engaged in the provision of pickup and disposal of garbage, trash or refuse in service areas, the governing body shall: (i) hold at least one public hearing seeking comment on the advisability of such ordinance; (ii) provide at least forty-five days&#8217; written notice of the hearing, delivered by first class mail to all private companies which provide the service in the locality and which the locality is able to identify through local government records; and (iii) provide public notice of the hearing. Following the final public hearing held pursuant to the preceding sentence, but in no event longer than one year after the hearing, a governing body may enact an ordinance pursuant to subsection A which displaces a private company engaged in the provision of pickup and disposal of garbage, trash or refuse in a service area if the ordinance provides that private companies will not be displaced until five years after its passage. As an alternative to delaying displacement five years, a governing body may pay a 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.\n\t\t\tFor purposes of this section, &#8220;displace&#8221; or &#8220;displacement&#8221; means an ordinance prohibiting a private company from providing the service it is providing at the time a decision to displace is made. Displace or displacement does not mean: (i) competition between the public sector and private companies for individual contracts; (ii) situations where a locality or combination of localities, 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 contract with a public service authority established pursuant to the Virginia Water and Waste Authorities Act, or, following such competitive process, decides for any reason to provide such pickup and disposal service itself; (iii) situations where action is taken against a company because the company has acted in a manner threatening to the health and safety of the locality&#8217;s citizens or resulting in a substantial public nuisance; (iv) situations where action is taken against a private company because the company has materially breached its contract with the locality or combination of localities; (v) situations where a private company refuses to continue operations under the terms and conditions of its existing agreement during the five-year period; (vi) entering into a contract with a private company to provide pickup and disposal of garbage, trash or refuse in a service area so long as such contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing pickup and disposal of garbage, trash or refuse in such service area; or (vii) situations where at least fifty-five percent of the property owners in the displacement area petition the governing body to take over such collection service.C\n\nAny county with a population in excess of 800,000 may by ordinance provide civil penalties not exceeding $500 per offense for persons willfully contracting with a solid waste collector or collectors not licensed or permitted to perform refuse collection services within the county. For purposes of this section, evidence of a willful violation is the voluntary contracting by a person with a solid waste collector after having received written notice from the county that the solid waste collector is not licensed or permitted to operate within that county. Written notice may be provided by certified mail or by any appropriate method specified in Article 4 (&#xA7; 8.01-296 et seq.) of Chapter 8 of Title 8.01.D\n\nFairfax County may by ordinance authorize the local police department to serve a summons to appear in court on solid waste collectors operating within that county without a license or permit. Each day the solid waste collector operates within the county without a license or permit is a separate offense, punishable by a fine of up to $500.","order_by":null,"text":{"0":{"id":305699,"text":"Any locality may by ordinance impose license taxes upon and otherwise regulate the services rendered by any business engaged in the pickup and disposal of garbage, trash or refuse, wherein service will be provided to the residents of any such locality. Such regulation may include the delineation of service areas, the limitation of the number of persons engaged in such service in any such service area, including the creation of one or more exclusive service areas, and the regulation of rates of charge for any such service.\n\t\t\tSuch locality is authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in its respective jurisdiction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305700,"text":"Prior to enacting an ordinance pursuant to subsection A which displaces a private company engaged in the provision of pickup and disposal of garbage, trash or refuse in service areas, the governing body shall: (i) hold at least one public hearing seeking comment on the advisability of such ordinance; (ii) provide at least forty-five days&#8217; written notice of the hearing, delivered by first class mail to all private companies which provide the service in the locality and which the locality is able to identify through local government records; and (iii) provide public notice of the hearing. Following the final public hearing held pursuant to the preceding sentence, but in no event longer than one year after the hearing, a governing body may enact an ordinance pursuant to subsection A which displaces a private company engaged in the provision of pickup and disposal of garbage, trash or refuse in a service area if the ordinance provides that private companies will not be displaced until five years after its passage. As an alternative to delaying displacement five years, a governing body may pay a 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.\n\t\t\tFor purposes of this section, &#8220;displace&#8221; or &#8220;displacement&#8221; means an ordinance prohibiting a private company from providing the service it is providing at the time a decision to displace is made. Displace or displacement does not mean: (i) competition between the public sector and private companies for individual contracts; (ii) situations where a locality or combination of localities, 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 contract with a public service authority established pursuant to the Virginia Water and Waste Authorities Act, or, following such competitive process, decides for any reason to provide such pickup and disposal service itself; (iii) situations where action is taken against a company because the company has acted in a manner threatening to the health and safety of the locality&#8217;s citizens or resulting in a substantial public nuisance; (iv) situations where action is taken against a private company because the company has materially breached its contract with the locality or combination of localities; (v) situations where a private company refuses to continue operations under the terms and conditions of its existing agreement during the five-year period; (vi) entering into a contract with a private company to provide pickup and disposal of garbage, trash or refuse in a service area so long as such contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing pickup and disposal of garbage, trash or refuse in such service area; or (vii) situations where at least fifty-five percent of the property owners in the displacement area petition the governing body to take over such collection service.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305701,"text":"Any county with a population in excess of 800,000 may by ordinance provide civil penalties not exceeding $500 per offense for persons willfully contracting with a solid waste collector or collectors not licensed or permitted to perform refuse collection services within the county. For purposes of this section, evidence of a willful violation is the voluntary contracting by a person with a solid waste collector after having received written notice from the county that the solid waste collector is not licensed or permitted to operate within that county. Written notice may be provided by certified mail or by any appropriate method specified in Article 4 (&#xA7; 8.01-296 et seq.) of Chapter 8 of Title 8.01.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":305702,"text":"Fairfax County may by ordinance authorize the local police department to serve a summons to appear in court on solid waste collectors operating within that county without a license or permit. Each day the solid waste collector operates within the county without a license or permit is a separate offense, punishable by a fine of up to $500.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13059,"edition_id":1,"name":"Waste and Recycling","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13058,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":156557,"object_type":"structure","relational_id":13059,"identifier":"2","token":"15.2\/II\/9\/2","url":"\/15.2\/II\/9\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13058,"edition_id":1,"name":"General Powers of Local Governments","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":156357,"object_type":"structure","relational_id":13058,"identifier":"9","token":"15.2\/II\/9","url":"\/15.2\/II\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","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":78876,"structure_id":13059,"section_number":"15.2-927","catch_line":"Garbage and refuse disposal","url":"\/15.2-927\/","token":"15.2\/II\/9\/2\/15.2-927","metadata":false},{"id":79148,"structure_id":13059,"section_number":"15.2-928","catch_line":"Local recycling and waste disposal; powers; penalties","url":"\/15.2-928\/","token":"15.2\/II\/9\/2\/15.2-928","metadata":false},{"id":64966,"structure_id":13059,"section_number":"15.2-929","catch_line":"Solid waste management facility siting approval","url":"\/15.2-929\/","token":"15.2\/II\/9\/2\/15.2-929","metadata":false},{"id":85327,"structure_id":13059,"section_number":"15.2-930","catch_line":"Regulation of garbage and refuse pickup and disposal services; contracting for such services","url":"\/15.2-930\/","token":"15.2\/II\/9\/2\/15.2-930","metadata":false},{"id":86566,"structure_id":13059,"section_number":"15.2-931","catch_line":"Regulation of garbage and refuse pickup and disposal services; contracting for such services in certain localities","url":"\/15.2-931\/","token":"15.2\/II\/9\/2\/15.2-931","metadata":false},{"id":61977,"structure_id":13059,"section_number":"15.2-932","catch_line":"Authorization to enter into certain contracts for garbage and refuse pickup and disposal services; waste recovery facilities","url":"\/15.2-932\/","token":"15.2\/II\/9\/2\/15.2-932","metadata":false},{"id":61377,"structure_id":13059,"section_number":"15.2-933","catch_line":"Ordinances requiring delivery of garbage, trash and refuse to certain facilities; exceptions","url":"\/15.2-933\/","token":"15.2\/II\/9\/2\/15.2-933","metadata":false},{"id":54113,"structure_id":13059,"section_number":"15.2-934","catch_line":"Displacement of private waste companies","url":"\/15.2-934\/","token":"15.2\/II\/9\/2\/15.2-934","metadata":false},{"id":75256,"structure_id":13059,"section_number":"15.2-935","catch_line":"Authority to prohibit placement of leaves or grass clippings in landfills","url":"\/15.2-935\/","token":"15.2\/II\/9\/2\/15.2-935","metadata":false},{"id":67630,"structure_id":13059,"section_number":"15.2-936","catch_line":"Garbage and refuse disposal; fee exemption","url":"\/15.2-936\/","token":"15.2\/II\/9\/2\/15.2-936","metadata":false},{"id":78596,"structure_id":13059,"section_number":"15.2-937","catch_line":"Separation of solid waste","url":"\/15.2-937\/","token":"15.2\/II\/9\/2\/15.2-937","metadata":false},{"id":79738,"structure_id":13059,"section_number":"15.2-938","catch_line":"Preference for purchase of recycled paper and paper products","url":"\/15.2-938\/","token":"15.2\/II\/9\/2\/15.2-938","metadata":false},{"id":74595,"structure_id":13059,"section_number":"15.2-939","catch_line":"Ordinances requiring recycling reports","url":"\/15.2-939\/","token":"15.2\/II\/9\/2\/15.2-939","metadata":false}],"previous_section":{"id":64966,"structure_id":13059,"section_number":"15.2-929","catch_line":"Solid waste management facility siting approval","url":"\/15.2-929\/","token":"15.2\/II\/9\/2\/15.2-929","metadata":false},"next_section":{"id":86566,"structure_id":13059,"section_number":"15.2-931","catch_line":"Regulation of garbage and refuse pickup and disposal services; contracting for such services in certain localities","url":"\/15.2-931\/","token":"15.2\/II\/9\/2\/15.2-931","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-930\/","history_text":"<p>This law was first created in 1968. The record of its establishment is cataloged in chapter 419 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 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1970, chapter 219; in 1978, chapter 251; in 1984, chapter 763; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0458\">458<\/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>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0813\">813<\/a>.<\/p>","references":false,"refers_to":[{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":156571,"object_type":"law","relational_id":85327,"identifier":"15.2-930","token":"15.2\/II\/9\/2\/15.2-930","url":"\/15.2-930\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-930\/","token":"15.2\/II\/9\/2\/15.2-930","dublin_core":{"Title":"Regulation of garbage and refuse pickup and disposal services; contracting for such services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-930","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any <span class=\"dictionary\">locality<\/span> may by <span class=\"dictionary\">ordinance<\/span> impose license taxes upon and otherwise regulate the services rendered by any business engaged in the pickup and disposal of garbage, trash or refuse, wherein service will be provided to the residents of any such <span class=\"dictionary\">locality<\/span>. Such regulation may include the delineation of service areas, the limitation of the number of persons engaged in such service in any such service area, including the creation of one or more exclusive service areas, and the regulation of rates of charge for any such service.\n\t\t\tSuch <span class=\"dictionary\">locality<\/span> is authorized to <span class=\"dictionary\">contract<\/span> with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in its respective <span class=\"dictionary\">jurisdiction<\/span>. <a id=\"paragraph-305699\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-930\/#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> Prior to enacting an <span class=\"dictionary\">ordinance<\/span> pursuant to subsection A which <span class=\"dictionary\">displaces<\/span> a private company engaged in the provision of pickup and disposal of garbage, trash or refuse in service areas, the <span class=\"dictionary\">governing body<\/span> shall: (i) hold at least one public <span class=\"dictionary\">hearing<\/span> seeking comment on the advisability of such <span class=\"dictionary\">ordinance<\/span>; (ii) provide at least forty-five days&#8217; written notice of the <span class=\"dictionary\">hearing<\/span>, delivered by first class mail to all private companies which provide the service in the <span class=\"dictionary\">locality<\/span> and which the <span class=\"dictionary\">locality<\/span> is able to identify through <span class=\"dictionary\">local government<\/span> records; and (iii) provide public notice of the <span class=\"dictionary\">hearing<\/span>. Following the final public <span class=\"dictionary\">hearing<\/span> held pursuant to the preceding sentence, but in no event longer than one year after the <span class=\"dictionary\">hearing<\/span>, a <span class=\"dictionary\">governing body<\/span> may enact an <span class=\"dictionary\">ordinance<\/span> pursuant to subsection A which <span class=\"dictionary\">displaces<\/span> a private company engaged in the provision of pickup and disposal of garbage, trash or refuse in a service area if the <span class=\"dictionary\">ordinance<\/span> provides that private companies will not be displaced until five years after its passage. As an alternative to delaying <span class=\"dictionary\">displacement<\/span> five years, a <span class=\"dictionary\">governing body<\/span> may pay a 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.\n\t\t\tFor purposes of this section, &#8220;<span class=\"dictionary\">displace<\/span>&#8221; or &#8220;<span class=\"dictionary\">displacement<\/span>&#8221; means an <span class=\"dictionary\">ordinance<\/span> prohibiting a private company from providing the service it is providing at the time a decision to <span class=\"dictionary\">displace<\/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 where a <span class=\"dictionary\">locality<\/span> or combination of localities, 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 <span class=\"dictionary\">contract<\/span> with a public service authority established pursuant to the Virginia Water and Waste Authorities Act, or, following such competitive process, decides for any reason to provide such pickup and disposal service itself; (iii) situations where action is taken against a company because the company has acted in a manner threatening to the health and safety of the <span class=\"dictionary\">locality<\/span>&#8217;s citizens or resulting in a substantial public nuisance; (iv) situations where action is taken against a private company because the company has materially breached its <span class=\"dictionary\">contract<\/span> with the <span class=\"dictionary\">locality<\/span> or combination of localities; (v) situations where a private company refuses to continue operations under the terms and conditions of its existing agreement during the five-year period; (vi) entering into a <span class=\"dictionary\">contract<\/span> with a private company to provide pickup and disposal of garbage, trash or refuse in a service area 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 pickup and disposal of garbage, trash or refuse in such service area; or (vii) situations where at least fifty-five percent of the property owners in the <span class=\"dictionary\">displacement<\/span> area <span class=\"dictionary\">petition<\/span> the <span class=\"dictionary\">governing body<\/span> to take over such collection service. <a id=\"paragraph-305700\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-930\/#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> Any <span class=\"dictionary\">county<\/span> with a population in excess of 800,000 may by <span class=\"dictionary\">ordinance<\/span> provide civil penalties not exceeding $500 per <span class=\"dictionary\">offense<\/span> for persons willfully contracting with a solid waste collector or collectors not licensed or permitted to perform refuse collection services within the <span class=\"dictionary\">county<\/span>. For purposes of this section, <span class=\"dictionary\">evidence<\/span> of a willful violation is the voluntary contracting by a person with a solid waste collector after having received written notice from the <span class=\"dictionary\">county<\/span> that the solid waste collector is not licensed or permitted to operate within that <span class=\"dictionary\">county<\/span>. Written notice may be provided by certified mail or by any appropriate method specified in Article 4 (&#xA7; <a class=\"law\" title=\"Manner of serving process upon natural persons\" href=\"\/8.01-296\/\">8.01-296<\/a> et seq.) of Chapter 8 of Title 8.01. <a id=\"paragraph-305701\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-930\/#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> Fairfax <span class=\"dictionary\">County<\/span> may by <span class=\"dictionary\">ordinance<\/span> authorize the local police department to serve a <span class=\"dictionary\">summons<\/span> to appear in <span class=\"dictionary\">court<\/span> on solid waste collectors operating within that <span class=\"dictionary\">county<\/span> without a license or permit. Each day the solid waste collector operates within the <span class=\"dictionary\">county<\/span> without a license or permit is a separate <span class=\"dictionary\">offense<\/span>, punishable by a fine of up to $500. <a id=\"paragraph-305702\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-930\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREGULATION OF GARBAGE AND REFUSE PICKUP AND DISPOSAL SERVICES; CONTRACTING FOR\nSUCH SERVICES (\u00a7 15.2-930)\n\nA. Any locality may by ordinance impose license taxes upon and otherwise\nregulate the services rendered by any business engaged in the pickup and\ndisposal of garbage, trash or refuse, wherein service will be provided to the\nresidents of any such locality. Such regulation may include the delineation of\nservice areas, the limitation of the number of persons engaged in such service\nin any such service area, including the creation of one or more exclusive\nservice areas, and the regulation of rates of charge for any such service.\n\t\t\tSuch locality is authorized to contract with any person, whether profit or\nnonprofit, for garbage and refuse pickup and disposal services in its respective\njurisdiction.\n\nB. Prior to enacting an ordinance pursuant to subsection A which displaces a\nprivate company engaged in the provision of pickup and disposal of garbage,\ntrash or refuse in service areas, the governing body shall: (i) hold at least\none public hearing seeking comment on the advisability of such ordinance; (ii)\nprovide at least forty-five days&#8217; written notice of the hearing, delivered\nby first class mail to all private companies which provide the service in the\nlocality and which the locality is able to identify through local government\nrecords; and (iii) provide public notice of the hearing. Following the final\npublic hearing held pursuant to the preceding sentence, but in no event longer\nthan one year after the hearing, a governing body may enact an ordinance\npursuant to subsection A which displaces a private company engaged in the\nprovision of pickup and disposal of garbage, trash or refuse in a service area\nif the ordinance provides that private companies will not be displaced until\nfive years after its passage. As an alternative to delaying displacement five\nyears, a governing body may pay a company an amount equal to the company&#8217;s\npreceding twelve 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\t\t\tFor purposes of this section, &#8220;displace&#8221; or\n&#8220;displacement&#8221; means an ordinance prohibiting a private company from\nproviding the service it is providing at the time a decision to displace is\nmade. Displace or displacement does not mean: (i) competition between the public\nsector and private companies for individual contracts; (ii) situations where a\nlocality or combination of localities, at the end of a contract with a private\ncompany, does not renew the contract and either awards the contract to another\nprivate company or, following a competitive process conducted in accordance with\nthe Virginia Public Procurement Act, decides for any reason to contract with a\npublic service authority established pursuant to the Virginia Water and Waste\nAuthorities Act, or, following such competitive process, decides for any reason\nto provide such pickup and disposal service itself; (iii) situations where\naction is taken against a company because the company has acted in a manner\nthreatening to the health and safety of the locality&#8217;s citizens or\nresulting in a substantial public nuisance; (iv) situations where action is\ntaken against a private company because the company has materially breached its\ncontract with the locality or combination of localities; (v) situations where a\nprivate company refuses to continue operations under the terms and conditions of\nits existing agreement during the five-year period; (vi) entering into a\ncontract with a private company to provide pickup and disposal of garbage, trash\nor refuse in a service area so long as such contract is not entered into\npursuant to an ordinance which displaces or authorizes the displacement of\nanother private company providing pickup and disposal of garbage, trash or\nrefuse in such service area; or (vii) situations where at least fifty-five\npercent of the property owners in the displacement area petition the governing\nbody to take over such collection service.\n\nC. Any county with a population in excess of 800,000 may by ordinance provide\ncivil penalties not exceeding $500 per offense for persons willfully contracting\nwith a solid waste collector or collectors not licensed or permitted to perform\nrefuse collection services within the county. For purposes of this section,\nevidence of a willful violation is the voluntary contracting by a person with a\nsolid waste collector after having received written notice from the county that\nthe solid waste collector is not licensed or permitted to operate within that\ncounty. Written notice may be provided by certified mail or by any appropriate\nmethod specified in Article 4 (&#xA7; 8.01-296 et seq.) of Chapter 8 of Title\n8.01.\n\nD. Fairfax County may by ordinance authorize the local police department to\nserve a summons to appear in court on solid waste collectors operating within\nthat county without a license or permit. Each day the solid waste collector\noperates within the county without a license or permit is a separate offense,\npunishable by a fine of up to $500.\n\nHISTORY: 1968, c. 419, \u00a7 15.1-28.1; 1970, c. 219; 1978, c. 251; 1984, c. 763;\n1994, c. 458; 1995, c. 660; 1997, c. 587; 2007, c. 813.","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}}