                                 CODE OF VIRGINIA

REGULATION OF GARBAGE, TRASH AND REFUSE PICKUP AND DISPOSAL SERVICES;
CONTRACTING FOR SUCH SERVICES IN CERTAIN COUNTIES (§ 15.2-815)

The board may adopt an ordinance requiring the delivery of all or any portion of
the garbage, trash and refuse generated or disposed of within such county to
waste disposal facilities located therein or to waste disposal facilities
located outside of such county if the county has contracted for capacity at or
service from such facilities.
		Such ordinances may provide that it is unlawful for any person to dispose of
his garbage, trash and refuse in or at any other place. No such ordinance 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.
		Such ordinance shall not 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 new 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.
		Such county may contract with any person, whether profit or nonprofit, for
garbage and refuse pickup and disposal services and 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 county of all or a portion of the disposal
capacity of a waste disposal facility located within or outside the county for
present or future waste disposal requirements; (ii) the operation of such
facility by the county; (iii) the delivery by or on behalf of the contracting
county of specified quantities of garbage, trash and refuse, whether or not such
county collects such garbage, trash and refuse, and the making of payments for
such quantities of garbage, trash and refuse whether or not such garbage, trash
and refuse are delivered, including payments for revenues lost if garbage, trash
and refuse are not delivered; (iv) adjustments to payments made by the county in
regard to 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 county
within the meaning of any law, charter provision or debt limitation. Nothing in
the foregoing powers granted such county shall include the authority to pledge
the full faith and credit of such local government in violation of Article X,
Section 10 of the Constitution of Virginia.

HISTORY: 1985, c. 581, § 15.1-730.1; 1997, c. 587.