15.2-931 - Regulation of garbage and refuse pickup and disposal services; contracting for such services in certain localities.
§ 15.2-931. Regulation of garbage and refuse pickup and disposal services;contracting for such services in certain localities.
A. Localities may adopt ordinances requiring the delivery of all or anyportion of the garbage, trash or refuse generated or disposed of within suchlocalities to waste disposal facilities located therein, or to waste disposalfacilities located outside of such localities if the localities havecontracted for capacity at or service from such facilities.
Such ordinances may not be adopted until the local governing body, followingone or more public hearings, has made the following findings:
1. That other waste disposal facilities, including privately owned facilitiesand regional facilities, are: (i) unavailable; (ii) inadequate; (iii)unreliable; or (iv) not economically feasible, to meet the current andanticipated needs of the locality for waste disposal capacity; and
2. That the ordinance is necessary to ensure the availability of adequatefinancing for the construction, expansion or closing of the locality'sfacilities, and the costs incidental or related thereto.
No ordinance adopted by a locality under this subsection shall prevent orprohibit the disposal of garbage, trash or refuse at any facility: (i) whichhas been issued a solid waste management facility permit by an agency of theCommonwealth on or before July 1, 1991; or (ii) for which a Part A permitapplication for a new solid waste management facility permit, including localgoverning body certification, was submitted to the Department of WasteManagement in accordance with § 10.1-1408.1 B on or before December 31, 1991.
B. Localities may provide in any ordinance adopted under this section that itis unlawful for any person to dispose of his garbage, trash and refuse in orat any other place. No such ordinance making it unlawful to dispose ofgarbage, trash and refuse in any other place shall apply to the occupants ofsingle-family residences or family farms disposing of their own garbage,trash or refuse if such occupants have paid the fees, rates and charges ofother single-family residences and family farms in the same service area.
No ordinance adopted under this section shall apply to garbage, trash andrefuse generated, purchased or utilized by an entity engaged in the businessof manufacturing, mining, processing, refining or conversion except for anentity engaged in the production of energy or refuse-derived fuels for saleto a person other than any entity controlling, controlled by or under thesame control as the manufacturer, miner, processor, refiner or converter. Norshall such ordinance apply to (i) recyclable materials, which are thosematerials that have been source-separated by any person or materials thathave been separated from garbage, trash and refuse by any person forutilization in both cases as a raw material to be manufactured into a productother than fuel or energy, (ii) construction debris to be disposed of in alandfill, or (iii) waste oil. Such ordinances may provide penalties, finesand other punishment for violations.
Such localities are authorized to contract with any person, whether profit ornonprofit, for garbage and refuse pickup and disposal services in theirrespective localities and to enter into contracts relating to waste disposalfacilities which recover energy or materials from garbage, trash and refuse.Such contracts may make provision for, among other things, (i) the purchaseby the localities of all or a portion of the disposal capacity of a wastedisposal facility located within or outside the localities for their presentor future waste disposal requirements, (ii) the operation of such facility bythe localities, (iii) the delivery by or on behalf of the contractinglocalities of specified quantities of garbage, trash and refuse, whether ornot such counties, cities, and towns collect such garbage, trash and refuse,and the making of payments in respect of such quantities of garbage, trashand refuse, whether or not such garbage, trash and refuse are delivered,including payments in respect of revenues lost if garbage, trash and refuseare not delivered, (iv) adjustments to payments made by the localities inrespect of inflation, changes in energy prices or residue disposal costs,taxes imposed upon the facility owner or operator, or other events beyond thecontrol of the facility operator or owners, (v) the fixing and collection offees, rates or charges for use of the disposal facility and for any productor service resulting from operation of the facility, and (vi) such otherprovision as is necessary for the safe and effective construction,maintenance or operation of such facility, whether or not such provisiondisplaces competition in any market. Any such contract shall not be deemed tobe a debt or gift of the localities within the meaning of any law, charterprovision or debt limitation. Nothing in the foregoing powers granted suchlocalities includes the authority to pledge the full faith and credit of suchlocalities in violation of Article X, Section 10 of the Constitution ofVirginia.
It has been and is continuing to be the policy of the Commonwealth toauthorize each locality to displace or limit competition in the area ofgarbage, trash or refuse collection services and garbage, trash or refusedisposal services to provide for the health and safety of its citizens, tocontrol disease, to prevent blight and other environmental degradation, topromote the generation of energy and the recovery of useful resources fromgarbage, trash and refuse, to protect limited natural resources for thebenefit of its citizens, to limit noxious odors and unsightly garbage, trashand refuse and decay and to promote the general health and welfare byproviding for adequate garbage, trash and refuse collection services andgarbage, trash and refuse disposal services. Accordingly, governing bodiesare directed and authorized to exercise all powers regarding garbage, trashand refuse collection and garbage, trash and refuse disposal notwithstandingany anti-competitive effect.
C. The following localities may by ordinance require the delivery of all orany portion of the garbage, trash and refuse generated or disposed of withinsuch localities to waste disposal facilities located therein or to wastedisposal facilities located outside of such localities if the localities havecontracted for capacity at or service from such facilities: (i) ArlingtonCounty or the City of Alexandria, singly or jointly, two or all of suchcounties and cities; (ii) Fairfax County, Fauquier County, Loudoun County,Prince William County, or Stafford County and any town situated within orcity wholly surrounded by any of such counties, singly or jointly, two ormore of such localities, that have by resolution of the governing bodycommitted the locality to own or operate a resource recovery waste disposalfacility; and (iii) localities which are members of the Richmond RegionalPlanning District No. 15 or Crater Planning District No. 19, singly orjointly, two or more of such localities, that by ordinance of the governingbody after a minimum of two public hearings, and after complying withapplicable provisions of the Public Procurement Act (Chapter 43 (§ 2.2-4300et seq.) of Title 2.2), have committed the locality to own, operate orcontract for the operation of a resource recovery waste disposal facility.
(1984, c. 763, § 15.1-28.01; 1987, c. 422; 1988, c. 264; 1991, cc. 521, 615;1997, c. 587; 2007, c. 813.)