{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-931.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-931.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-931.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-931.html"}],"law_id":86566,"edition_id":1,"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","history":"1984, c. 763, \u00a7 15.1-28.01; 1987, c. 422; 1988, c. 264; 1991, cc. 521, 615; 1997, c. 587; 2007, c. 813.","full_text":"A\n\nLocalities may adopt ordinances requiring the delivery of all or any portion of the garbage, trash or refuse generated or disposed of within such localities to waste disposal facilities located therein, or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities.\n\t\t\tSuch ordinances may not be adopted until the local governing body, following one or more public hearings, has made the following findings:1\n\nThat other waste disposal facilities, including privately owned facilities and regional facilities, are: (i) unavailable; (ii) inadequate; (iii) unreliable; or (iv) not economically feasible, to meet the current and anticipated needs of the locality for waste disposal capacity; and2\n\nThat the ordinance is necessary to ensure the availability of adequate financing for the construction, expansion or closing of the locality’s facilities, and the costs incidental or related thereto.\n\t\t\t\tNo ordinance adopted by a locality under this subsection shall prevent or prohibit the disposal of garbage, trash or refuse at any facility: (i) which has been issued a solid waste management facility permit by an agency of the Commonwealth on or before July 1, 1991; or (ii) for which a Part A permit application for a new solid waste management facility permit, including local governing body certification, was submitted to the Department of Waste Management in accordance with § 10.1-1408.1 B on or before December 31, 1991.B\n\nLocalities may provide in any ordinance adopted under this section that it is unlawful for any person to dispose of his garbage, trash and refuse in or at any other place. No such ordinance making it unlawful to dispose of garbage, trash and refuse in any other place shall apply to the occupants of single-family residences or family farms disposing of their own garbage, trash or refuse if such occupants have paid the fees, rates and charges of other single-family residences and family farms in the same service area.\n\t\t\tNo ordinance adopted under this section shall apply to garbage, trash and refuse generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or refuse-derived fuels for sale to a person other than any entity controlling, controlled by or under the same control as the manufacturer, miner, processor, refiner or converter. Nor shall such ordinance apply to (i) recyclable materials, which are those materials that have been source-separated by any person or materials that have been separated from garbage, trash and refuse by any person for utilization in both cases as a raw material to be manufactured into a product other than fuel or energy, (ii) construction debris to be disposed of in a landfill, or (iii) waste oil. Such ordinances may provide penalties, fines and other punishment for violations.\n\t\t\tSuch localities are authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in their respective localities and to enter into contracts relating to waste disposal facilities which recover energy or materials from garbage, trash and refuse. Such contracts may make provision for, among other things, (i) the purchase by the localities of all or a portion of the disposal capacity of a waste disposal facility located within or outside the localities for their present or future waste disposal requirements, (ii) the operation of such facility by the localities, (iii) the delivery by or on behalf of the contracting localities of specified quantities of garbage, trash and refuse, whether or not such counties, cities, and towns collect such garbage, trash and refuse, and the making of payments in respect of such quantities of garbage, trash and refuse, whether or not such garbage, trash and refuse are delivered, including payments in respect of revenues lost if garbage, trash and refuse are not delivered, (iv) adjustments to payments made by the localities in respect of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the facility owner or operator, or other events beyond the control of the facility operator or owners, (v) the fixing and collection of fees, rates or charges for use of the disposal facility and for any product or service resulting from operation of the facility, and (vi) such other provision as is necessary for the safe and effective construction, maintenance or operation of such facility, whether or not such provision displaces competition in any market. Any such contract shall not be deemed to be a debt or gift of the localities within the meaning of any law, charter provision or debt limitation. Nothing in the foregoing powers granted such localities includes the authority to pledge the full faith and credit of such localities in violation of Article X, Section 10 of the Constitution of Virginia.\n\t\t\tIt has been and is continuing to be the policy of the Commonwealth to authorize each locality to displace or limit competition in the area of garbage, trash or refuse collection services and garbage, trash or refuse disposal services to provide for the health and safety of its citizens, to control disease, to prevent blight and other environmental degradation, to promote the generation of energy and the recovery of useful resources from garbage, trash and refuse, to protect limited natural resources for the benefit of its citizens, to limit noxious odors and unsightly garbage, trash and refuse and decay and to promote the general health and welfare by providing for adequate garbage, trash and refuse collection services and garbage, trash and refuse disposal services. Accordingly, governing bodies are directed and authorized to exercise all powers regarding garbage, trash and refuse collection and garbage, trash and refuse disposal notwithstanding any anti-competitive effect.C\n\nThe following localities may by ordinance require the delivery of all or any portion of the garbage, trash and refuse generated or disposed of within such localities to waste disposal facilities located therein or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities: (i) Arlington County or the City of Alexandria, singly or jointly, two or all of such counties and cities; (ii) Fairfax County, Fauquier County, Loudoun County, Prince William County, or Stafford County and any town situated within or city wholly surrounded by any of such counties, singly or jointly, two or more of such localities, that have by resolution of the governing body committed the locality to own or operate a resource recovery waste disposal facility; and (iii) localities which are members of the Richmond Regional Planning District No. 15 or Crater Planning District No. 19, singly or jointly, two or more of such localities, that by ordinance of the governing body after a minimum of two public hearings, and after complying with applicable provisions of the Public Procurement Act (Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2), have committed the locality to own, operate or contract for the operation of a resource recovery waste disposal facility.","order_by":null,"text":{"0":{"id":310071,"text":"Localities may adopt ordinances requiring the delivery of all or any portion of the garbage, trash or refuse generated or disposed of within such localities to waste disposal facilities located therein, or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities.\n\t\t\tSuch ordinances may not be adopted until the local governing body, following one or more public hearings, has made the following findings:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":310072,"text":"That other waste disposal facilities, including privately owned facilities and regional facilities, are: (i) unavailable; (ii) inadequate; (iii) unreliable; or (iv) not economically feasible, to meet the current and anticipated needs of the locality for waste disposal capacity; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":310073,"text":"That the ordinance is necessary to ensure the availability of adequate financing for the construction, expansion or closing of the locality’s facilities, and the costs incidental or related thereto.\n\t\t\t\tNo ordinance adopted by a locality under this subsection shall prevent or prohibit the disposal of garbage, trash or refuse at any facility: (i) which has been issued a solid waste management facility permit by an agency of the Commonwealth on or before July 1, 1991; or (ii) for which a Part A permit application for a new solid waste management facility permit, including local governing body certification, was submitted to the Department of Waste Management in accordance with § 10.1-1408.1 B on or before December 31, 1991.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":310074,"text":"Localities may provide in any ordinance adopted under this section that it is unlawful for any person to dispose of his garbage, trash and refuse in or at any other place. No such ordinance making it unlawful to dispose of garbage, trash and refuse in any other place shall apply to the occupants of single-family residences or family farms disposing of their own garbage, trash or refuse if such occupants have paid the fees, rates and charges of other single-family residences and family farms in the same service area.\n\t\t\tNo ordinance adopted under this section shall apply to garbage, trash and refuse generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or refuse-derived fuels for sale to a person other than any entity controlling, controlled by or under the same control as the manufacturer, miner, processor, refiner or converter. Nor shall such ordinance apply to (i) recyclable materials, which are those materials that have been source-separated by any person or materials that have been separated from garbage, trash and refuse by any person for utilization in both cases as a raw material to be manufactured into a product other than fuel or energy, (ii) construction debris to be disposed of in a landfill, or (iii) waste oil. Such ordinances may provide penalties, fines and other punishment for violations.\n\t\t\tSuch localities are authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in their respective localities and to enter into contracts relating to waste disposal facilities which recover energy or materials from garbage, trash and refuse. Such contracts may make provision for, among other things, (i) the purchase by the localities of all or a portion of the disposal capacity of a waste disposal facility located within or outside the localities for their present or future waste disposal requirements, (ii) the operation of such facility by the localities, (iii) the delivery by or on behalf of the contracting localities of specified quantities of garbage, trash and refuse, whether or not such counties, cities, and towns collect such garbage, trash and refuse, and the making of payments in respect of such quantities of garbage, trash and refuse, whether or not such garbage, trash and refuse are delivered, including payments in respect of revenues lost if garbage, trash and refuse are not delivered, (iv) adjustments to payments made by the localities in respect of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the facility owner or operator, or other events beyond the control of the facility operator or owners, (v) the fixing and collection of fees, rates or charges for use of the disposal facility and for any product or service resulting from operation of the facility, and (vi) such other provision as is necessary for the safe and effective construction, maintenance or operation of such facility, whether or not such provision displaces competition in any market. Any such contract shall not be deemed to be a debt or gift of the localities within the meaning of any law, charter provision or debt limitation. Nothing in the foregoing powers granted such localities includes the authority to pledge the full faith and credit of such localities in violation of Article X, Section 10 of the Constitution of Virginia.\n\t\t\tIt has been and is continuing to be the policy of the Commonwealth to authorize each locality to displace or limit competition in the area of garbage, trash or refuse collection services and garbage, trash or refuse disposal services to provide for the health and safety of its citizens, to control disease, to prevent blight and other environmental degradation, to promote the generation of energy and the recovery of useful resources from garbage, trash and refuse, to protect limited natural resources for the benefit of its citizens, to limit noxious odors and unsightly garbage, trash and refuse and decay and to promote the general health and welfare by providing for adequate garbage, trash and refuse collection services and garbage, trash and refuse disposal services. Accordingly, governing bodies are directed and authorized to exercise all powers regarding garbage, trash and refuse collection and garbage, trash and refuse disposal notwithstanding any anti-competitive effect.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":310075,"text":"The following localities may by ordinance require the delivery of all or any portion of the garbage, trash and refuse generated or disposed of within such localities to waste disposal facilities located therein or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities: (i) Arlington County or the City of Alexandria, singly or jointly, two or all of such counties and cities; (ii) Fairfax County, Fauquier County, Loudoun County, Prince William County, or Stafford County and any town situated within or city wholly surrounded by any of such counties, singly or jointly, two or more of such localities, that have by resolution of the governing body committed the locality to own or operate a resource recovery waste disposal facility; and (iii) localities which are members of the Richmond Regional Planning District No. 15 or Crater Planning District No. 19, singly or jointly, two or more of such localities, that by ordinance of the governing body after a minimum of two public hearings, and after complying with applicable provisions of the Public Procurement Act (Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2), have committed the locality to own, operate or contract for the operation of a resource recovery waste disposal facility.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-931\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 763 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 1984 \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 1987, chapter 422; in 1988, chapter 264; in 1991, chapters 521 and 615; in 1997, chapter 587<\/a>; in 2007, chapter 813<\/a>.<\/p>","references":false,"refers_to":[{"id":83474,"section_number":"10.1-1408.1","catch_line":"Permit required; open dumps prohibited","order_by":null,"url":"\/10.1-1408.1\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"}],"permalink":{"id":156575,"object_type":"law","relational_id":86566,"identifier":"15.2-931","token":"15.2\/II\/9\/2\/15.2-931","url":"\/15.2-931\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-931\/","token":"15.2\/II\/9\/2\/15.2-931","dublin_core":{"Title":"Regulation of garbage and refuse pickup and disposal services; contracting for such services in certain localities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-931","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Localities may adopt ordinances<\/span> requiring the delivery of all or any portion of the garbage, trash or refuse generated or disposed of within such localities to waste disposal facilities located therein, or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities.\n\t\t\tSuch ordinances<\/span> may not be adopted until the local governing body<\/span>, following one or more public hearings<\/span>, has made the following findings<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That other waste disposal facilities, including privately owned facilities and regional facilities, are: (i) unavailable; (ii) inadequate; (iii) unreliable; or (iv) not economically feasible, to meet the current and anticipated needs of the locality<\/span> for waste disposal capacity; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the ordinance<\/span> is necessary to ensure the availability of adequate financing for the construction, expansion or closing of the locality<\/span>’s facilities, and the costs incidental or related thereto.\n\t\t\t\tNo ordinance<\/span> adopted by a locality<\/span> under this subsection shall prevent or prohibit the disposal of garbage, trash or refuse at any facility: (i) which has been issued a solid waste management facility permit by an agency of the Commonwealth on or before July 1, 1991; or (ii) for which a Part A permit application for a new solid waste management facility permit, including local governing body<\/span> certification, was submitted to the Department of Waste Management in accordance with § 10.1-1408.1<\/a> B on or before December 31, 1991. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Localities may provide in any ordinance<\/span> adopted under this section that it is unlawful for any person to dispose of his garbage, trash and refuse in or at any other place. No such ordinance<\/span> making it unlawful to dispose of garbage, trash and refuse in any other place shall apply to the occupants of single-family residences or family farms disposing of their own garbage, trash or refuse if such occupants have paid the fees, rates and charges of other single-family residences and family farms in the same service area.\n\t\t\tNo ordinance<\/span> adopted under this section shall apply to garbage, trash and refuse generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or refuse-derived fuels for sale to a person other than any entity controlling, controlled by or under the same control as the manufacturer, miner, processor, refiner or converter. Nor shall such ordinance<\/span> apply to (i) recyclable materials<\/span>, which are those materials<\/span> that have been source-separated by any person or materials<\/span> that have been separated from garbage, trash and refuse by any person for utilization in both cases as a raw material<\/span> to be manufactured into a product other than fuel or energy, (ii) construction debris to be disposed of in a landfill, or (iii) waste oil. Such ordinances<\/span> may provide penalties, fines and other punishment for violations.\n\t\t\tSuch localities are authorized to contract<\/span> with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in their respective localities and to enter into contracts<\/span> relating to waste disposal facilities which recover energy or materials<\/span> from garbage, trash and refuse. Such contracts<\/span> may make provision for, among other things, (i) the purchase by the localities of all or a portion of the disposal capacity of a waste disposal facility located within or outside the localities for their present or future waste disposal requirements, (ii) the operation of such facility by the localities, (iii) the delivery by or on behalf of the contracting localities of specified quantities of garbage, trash and refuse, whether or not such counties, cities, and towns<\/span> collect such garbage, trash and refuse, and the making of payments in respect of such quantities of garbage, trash and refuse, whether or not such garbage, trash and refuse are delivered, including payments in respect of revenues lost if garbage, trash and refuse are not delivered, (iv) adjustments to payments made by the localities in respect of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the facility owner or operator, or other events beyond the control of the facility operator or owners, (v) the fixing and collection of fees, rates or charges for use of the disposal facility and for any product or service resulting from operation of the facility, and (vi) such other provision as is necessary for the safe and effective construction, maintenance or operation of such facility, whether or not such provision displaces competition in any market. Any such contract<\/span> shall not be deemed to be a debt or gift of the localities within the meaning of any law<\/span>, charter provision or debt limitation. Nothing in the foregoing powers granted such localities includes the authority to pledge the full faith and credit of such localities in violation of Article X, Section 10 of the Constitution of Virginia.\n\t\t\tIt has been and is continuing to be the policy of the Commonwealth to authorize each locality<\/span> to displace or limit competition in the area of garbage, trash or refuse collection services and garbage, trash or refuse disposal services to provide for the health and safety of its citizens, to control disease, to prevent blight and other environmental degradation, to promote the generation of energy and the recovery of useful resources from garbage, trash and refuse, to protect limited natural resources for the benefit of its citizens, to limit noxious odors and unsightly garbage, trash and refuse and decay and to promote the general health and welfare by providing for adequate garbage, trash and refuse collection services and garbage, trash and refuse disposal services. Accordingly, governing bodies are directed and authorized to exercise all powers regarding garbage, trash and refuse collection and garbage, trash and refuse disposal notwithstanding any anti-competitive effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following localities may by ordinance<\/span> require the delivery of all or any portion of the garbage, trash and refuse generated or disposed of within such localities to waste disposal facilities located therein or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities: (i) Arlington County<\/span> or the City<\/span> of Alexandria, singly or jointly, two or all of such counties and cities; (ii) Fairfax County<\/span>, Fauquier County<\/span>, Loudoun County<\/span>, Prince William County<\/span>, or Stafford County<\/span> and any town<\/span> situated within or city<\/span> wholly surrounded by any of such counties, singly or jointly, two or more of such localities, that have by resolution of the governing body<\/span> committed the locality<\/span> to own or operate a resource recovery waste disposal facility; and (iii) localities which are members of the Richmond Regional Planning District No. 15 or Crater Planning District No. 19, singly or jointly, two or more of such localities, that by ordinance<\/span> of the governing body<\/span> after a minimum of two public hearings<\/span>, and after complying with applicable provisions of the Public Procurement Act (Chapter 43 (§ 2.2-4300<\/a> et seq.) of Title 2.2), have committed the locality<\/span> to own, operate or contract<\/span> for the operation of a resource recovery waste disposal facility. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATION OF GARBAGE AND REFUSE PICKUP AND DISPOSAL SERVICES; CONTRACTING FOR\nSUCH SERVICES IN CERTAIN LOCALITIES (\u00a7 15.2-931)\n\nA. Localities may adopt ordinances requiring the delivery of all or any portion\nof the garbage, trash or refuse generated or disposed of within such localities\nto waste disposal facilities located therein, or to waste disposal facilities\nlocated outside of such localities if the localities have contracted for\ncapacity at or service from such facilities.\n\t\t\tSuch ordinances may not be adopted until the local governing body, following\none or more public hearings, has made the following findings:\n\n 1. That other waste disposal facilities, including privately owned facilities\n and regional facilities, are: (i) unavailable; (ii) inadequate; (iii)\n unreliable; or (iv) not economically feasible, to meet the current and\n anticipated needs of the locality for waste disposal capacity; and\n\n 2. That the ordinance is necessary to ensure the availability of adequate\n financing for the construction, expansion or closing of the locality’s\n facilities, and the costs incidental or related thereto.\n \t\t\t\tNo ordinance adopted by a locality under this subsection shall prevent or\n prohibit the disposal of garbage, trash or refuse at any facility: (i) which\n has been issued a solid waste management facility permit by an agency of the\n Commonwealth on or before July 1, 1991; or (ii) for which a Part A permit\n application for a new solid waste management facility permit, including local\n governing body certification, was submitted to the Department of Waste\n Management in accordance with § 10.1-1408.1 B on or before December 31,\n 1991.\n\nB. Localities may provide in any ordinance adopted under this section that it is\nunlawful for any person to dispose of his garbage, trash and refuse in or at any\nother place. No such ordinance making it unlawful to dispose of garbage, trash\nand refuse in any other place shall apply to the occupants of single-family\nresidences or family farms disposing of their own garbage, trash or refuse if\nsuch occupants have paid the fees, rates and charges of other single-family\nresidences and family farms in the same service area.\n\t\t\tNo ordinance adopted under this section shall apply to garbage, trash and\nrefuse generated, purchased or utilized by an entity engaged in the business of\nmanufacturing, mining, processing, refining or conversion except for an entity\nengaged in the production of energy or refuse-derived fuels for sale to a person\nother than any entity controlling, controlled by or under the same control as\nthe manufacturer, miner, processor, refiner or converter. Nor shall such\nordinance apply to (i) recyclable materials, which are those materials that have\nbeen source-separated by any person or materials that have been separated from\ngarbage, trash and refuse by any person for utilization in both cases as a raw\nmaterial to be manufactured into a product other than fuel or energy, (ii)\nconstruction debris to be disposed of in a landfill, or (iii) waste oil. Such\nordinances may provide penalties, fines and other punishment for violations.\n\t\t\tSuch localities are authorized to contract with any person, whether profit or\nnonprofit, for garbage and refuse pickup and disposal services in their\nrespective localities and to enter into contracts relating to waste disposal\nfacilities which recover energy or materials from garbage, trash and refuse.\nSuch contracts may make provision for, among other things, (i) the purchase by\nthe localities of all or a portion of the disposal capacity of a waste disposal\nfacility located within or outside the localities for their present or future\nwaste disposal requirements, (ii) the operation of such facility by the\nlocalities, (iii) the delivery by or on behalf of the contracting localities of\nspecified quantities of garbage, trash and refuse, whether or not such counties,\ncities, and towns collect such garbage, trash and refuse, and the making of\npayments in respect of such quantities of garbage, trash and refuse, whether or\nnot such garbage, trash and refuse are delivered, including payments in respect\nof revenues lost if garbage, trash and refuse are not delivered, (iv)\nadjustments to payments made by the localities in respect of inflation, changes\nin energy prices or residue disposal costs, taxes imposed upon the facility\nowner or operator, or other events beyond the control of the facility operator\nor owners, (v) the fixing and collection of fees, rates or charges for use of\nthe disposal facility and for any product or service resulting from operation of\nthe facility, and (vi) such other provision as is necessary for the safe and\neffective construction, maintenance or operation of such facility, whether or\nnot such provision displaces competition in any market. Any such contract shall\nnot be deemed to be a debt or gift of the localities within the meaning of any\nlaw, charter provision or debt limitation. Nothing in the foregoing powers\ngranted such localities includes the authority to pledge the full faith and\ncredit of such localities in violation of Article X, Section 10 of the\nConstitution of Virginia.\n\t\t\tIt has been and is continuing to be the policy of the Commonwealth to\nauthorize each locality to displace or limit competition in the area of garbage,\ntrash or refuse collection services and garbage, trash or refuse disposal\nservices to provide for the health and safety of its citizens, to control\ndisease, to prevent blight and other environmental degradation, to promote the\ngeneration of energy and the recovery of useful resources from garbage, trash\nand refuse, to protect limited natural resources for the benefit of its\ncitizens, to limit noxious odors and unsightly garbage, trash and refuse and\ndecay and to promote the general health and welfare by providing for adequate\ngarbage, trash and refuse collection services and garbage, trash and refuse\ndisposal services. Accordingly, governing bodies are directed and authorized to\nexercise all powers regarding garbage, trash and refuse collection and garbage,\ntrash and refuse disposal notwithstanding any anti-competitive effect.\n\nC. The following localities may by ordinance require the delivery of all or any\nportion of the garbage, trash and refuse generated or disposed of within such\nlocalities to waste disposal facilities located therein or to waste disposal\nfacilities located outside of such localities if the localities have contracted\nfor capacity at or service from such facilities: (i) Arlington County or the\nCity of Alexandria, singly or jointly, two or all of such counties and cities;\n(ii) Fairfax County, Fauquier County, Loudoun County, Prince William County, or\nStafford County and any town situated within or city wholly surrounded by any of\nsuch counties, singly or jointly, two or more of such localities, that have by\nresolution of the governing body committed the locality to own or operate a\nresource recovery waste disposal facility; and (iii) localities which are\nmembers of the Richmond Regional Planning District No. 15 or Crater Planning\nDistrict No. 19, singly or jointly, two or more of such localities, that by\nordinance of the governing body after a minimum of two public hearings, and\nafter complying with applicable provisions of the Public Procurement Act\n(Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2), have committed the locality\nto own, operate or contract for the operation of a resource recovery waste\ndisposal facility.\n\nHISTORY: 1984, c. 763, \u00a7 15.1-28.01; 1987, c. 422; 1988, c. 264; 1991, cc. 521,\n615; 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}}