                                 CODE OF VIRGINIA

LOCAL RECYCLING AND WASTE DISPOSAL; POWERS; PENALTIES (§ 15.2-928)

A. Any locality may (i) provide and operate, within or outside its boundaries,
solid waste management facilities and appurtenances for the collection,
management, recycling and disposal of solid waste, recyclable materials, and
other refuse of the residents and businesses of the locality; (ii) contract with
other localities to provide such services jointly; (iii) contract with others
for supplying such services; (iv) contract with any locality or agency of the
Commonwealth to provide such services for either entity; (v) prohibit the
disposal of garbage or recyclable materials in or at any place other than that
provided by the public or private sector for the purpose; (vi) charge and
collect compensation for such services; (vii) regulate the times and placement
of waste and waste containers set out for collection, such regulation to require
notice so as to allow removal by the owner of the waste or waste containers
prior to imposition of a civil penalty, provided that, in the City of Roanoke,
provided the third notice required herein included an opportunity for the owner
to be heard, the civil penalty may be imposed without further notice after the
third notice for violation; (viii) provide penalties, including either criminal
or civil penalties, for the unauthorized use of or failure to use such
facilities. Prosecution of either a civil or criminal offense shall preclude
prosecution of the other for the same offense; and (ix) grant incentives to
encourage recycling.

B. Any locality may by ordinance limit the use of solid waste depositories or
receptacles, owned or maintained by the locality, to the disposal of garbage and
other solid waste originating from within the boundaries of such locality. Any
locality adopting such an ordinance may provide penalties for its violation
pursuant to subsection A.

C. For the purposes of this section, recyclable materials shall be those
materials identified in a plan adopted pursuant to &#xA7; 10.1-1411 and
regulations promulgated thereunder. Nothing in this section shall invalidate the
actions of any locality taken prior to enactment of this section. Nothing in
this section shall be construed as prohibiting any generator of recyclable
materials from selling, conveying or arranging for transportation of such
materials to a recycler for reuse or reclamation, nor preventing a recycling
company or nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop box or any generator of recyclable
materials.

HISTORY: 1991, c. 665, § 15.1-11.5:3; 1997, cc. 236, 587; 2000, c. 231; 2002,
cc. 161, 690; 2003, c. 518; 2006, c. 847.