                                 CODE OF VIRGINIA

FEE FOR SOLID WASTE DISPOSAL BY COUNTIES (§ 15.2-2159)

A. Accomack, Augusta, Buckingham, Floyd, Highland, Pittsylvania, Russell, and
Wise Counties may by ordinance, and after a public hearing, levy a fee for the
disposal of solid waste not to exceed the actual cost incurred by the county in
procuring, developing, maintaining, and improving the landfill and for such
reserves as may be necessary for capping and closing such landfill in the
future. Bath, Buckingham, Russell, and Southampton Counties may by ordinance,
and after a public hearing, levy a fee for the management of solid waste not to
exceed the actual cost incurred by the county in removing and disposing of solid
waste. Such fee as collected shall be deposited in a special account to be
expended only for the purposes for which it was levied. Except in Floyd,
Pittsylvania, Russell, Southampton, and Wise Counties, such fee shall not be
used to purchase or subsidize the purchase of equipment used for the collection
of solid waste. In Augusta, Highland, Pittsylvania, and Southampton Counties,
such fee (i) may only be levied upon persons whose residential solid waste is
disposed of at a county landfill or county solid waste collection or disposal
facility and (ii) shall not be levied upon persons whose residential waste is
not disposed of in such landfill or facility if such nondisposal is documented
by the collector or generator of such waste as required by ordinance of such
county. Documentation provided by a collector of such waste pursuant to clause
(ii) shall not be disclosed by the county to any other person.

B. Any fee imposed by subsection A when combined with any other fee or charge
for disposal of waste shall not exceed the actual cost incurred by the county in
procuring, developing, maintaining, and improving its landfill and for such
reserves as may be necessary for capping and closing such landfill in the future
or, in the case of Southampton County, such fee shall not exceed the costs and
fees expended by the county in removing and disposing of solid waste.

C. Any county which imposes the fee allowed under subsection A may enter into a
contractual agreement with any water or heat, light, and power company or other
corporation coming within the provisions of Chapter 26 (&#xA7; 58.1-2600 et
seq.) of Title 58.1 except Appalachian Power Company and any cooperative formed
under or subject to Article 1 (&#xA7; 56-231.15 et seq.) of Chapter 9.1 of Title
56 for the collection of such fee. The agreement may include a commission for
such service in the form of a deduction from the fee remitted. The commission
shall be provided for by ordinance, which shall set the rate not to exceed five
percent of the amount of fees due and collected.

D. Accomack, Bath, Buckingham, Highland, Pittsylvania, Russell, Southampton, and
Wise Counties have the following authority regarding collection of said fee:

   1. To prorate said fee depending upon the period a resident or business is
   located in said county during the year of fee levy;

   2. To levy penalty for late payment of fee as set forth in &#xA7; 58.1-3916;

   3. To levy interest on unpaid fees as set forth in &#xA7; 58.1-3916;

   4. To credit the fee first against the most delinquent use fee account owing;

   5. To require payment of the fee prior to approval of an application for
   rezoning, special exception, variance, or other land use permit; and

   6. To provide discounts to the standard fee rates for older persons, as
   defined in &#xA7; 51.5-135, and disabled persons based on ability to pay.

E. Pittsylvania and Southampton Counties may by ordinance provide an exemption
from the fee for the disposal of solid waste to any veteran who has been rated
by the U.S. Department of Veterans Affairs or its successor agency pursuant to
federal law to have a 100 percent service-connected, permanent, and total
disability in accordance with the standards set forth in &#xA7; 58.1-3219.5.

HISTORY: 1991, c. 541, § 15.1-362.1; 1993, cc. 733, 763; 1995, c. 633; 1996,
cc. 313, 621; 1997, cc. 234, 587; 2001, c. 338; 2002, c. 275; 2003, cc. 25, 48;
2006, cc. 102, 743; 2012, cc. 765, 803, 835; 2013, c. 699; 2014, c. 727; 2020,
cc. 1117, 1118; 2021, Sp. Sess. I, c. 63; 2022, cc. 347, 348.