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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54113</law_id><section_number>15.2-934</section_number><catch_line>Displacement of private waste companies</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="9">General Powers of Local Governments</unit><unit label="article" level="4" order_by="1" identifier="2">Waste and Recycling</unit></structure><text>
						<section><p>No <span class="dictionary">locality</span> or combination of localities shall <span class="dictionary">displace</span> a private company providing garbage, trash or refuse collection service without first: (i) holding at least one public <span class="dictionary">hearing</span> seeking comment on the advisability of the <span class="dictionary">locality</span> or combination of localities providing such service; (ii) providing at least 45 days&#x2019; written notice of the <span class="dictionary">hearing</span>, delivered by first class mail to all private companies that provide the service in the <span class="dictionary">locality</span> or localities and that the <span class="dictionary">locality</span> or localities are able to identify through <span class="dictionary">local government</span> records; (iii) providing public notice of the <span class="dictionary">hearing</span>; and (iv) making a written <span class="dictionary">finding</span> of at least one of the following: (a) adequate or sufficient privately-owned refuse collection and disposal services are not available; (b) the use of privately-owned and operated services has substantially endangered the public health or created a public nuisance; (c) privately-owned services, although available, are not able to provide needed services in a reasonable and cost-efficient manner; or (d) <span class="dictionary">displacement</span> is necessary to provide for the development or operation of a regional system of refuse collection or disposal for two or more localities. After making the <span class="dictionary">findings</span> required by this section, and not longer than one year after the final public <span class="dictionary">hearing</span>, the <span class="dictionary">locality</span> or combination of localities may proceed to take measures necessary to provide such service. A <span class="dictionary">locality</span> or combination of localities shall provide five years&#x2019; notice to a private company before the <span class="dictionary">locality</span> or combination of localities engages in the actual provision of the service that <span class="dictionary">displaces</span> the company. As an alternative to delaying <span class="dictionary">displacement</span> five years, a <span class="dictionary">locality</span> or combination of localities may pay a displaced company an amount equal to the company&#x2019;s preceding 12 months&#x2019; 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.
		For purposes of this section, &#x201C;<span class="dictionary">displace</span>&#x201D; or &#x201C;<span class="dictionary">displacement</span>&#x201D; means a <span class="dictionary">locality</span>&#x2019;s or a combination of localities&#x2019; provision of a service which prohibits a private company from providing the same service and which the company is providing at the time the 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 collection service itself; (iii) situations where action is taken against a private company because the company has acted in a manner threatening to the health and safety of a <span class="dictionary">locality</span>&#x2019;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 notice period; (vi) entering into a <span class="dictionary">contract</span> with a private company to provide garbage, trash or refuse collection 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 garbage, trash or refuse collection; or (vii) situations where at least 55% 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.</p></section></text><history>1995, c. 660, &#xA7; 15.1-28.04; 1997, c. 587; 2006, c. 74.</history><metadata></metadata></law>
