{"law_id":"775292","section_number":"15.2-815","catch_line":"Regulation of garbage, trash and refuse pickup and disposal services; contracting for such services in certain counties","history":"1985, c. 581, \u00a7 15.1-730.1; 1997, c. 587.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/15.2-815\/","refers_to":false,"url":"\/15.2-815\/","token":"15.2\/I\/8\/1\/15.2-815","structure":{"1":{"id":"1826","name":"General Provisions","identifier":"1","label":"article","url":"\/15.2\/I\/8\/1\/"},"2":{"id":"723","name":"Urban County Executive Form Of Government","identifier":"8","label":"chapter","url":"\/15.2\/I\/8\/"},"3":{"id":"98","name":"General Provisions; Charters; Other Forms And Organization Of Counties","identifier":"I","label":"subtitle","url":"\/15.2\/I\/"},"4":{"id":"46","name":"Counties, Cities And Towns","identifier":"15.2","label":"title","url":"\/15.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"775292","structure_id":"1826","full_text":"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.","text":{"0":{"id":"2499885","text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"1826","name":"General Provisions","identifier":"1","label":"article","url":"\/15.2\/I\/8\/1\/"},"2":{"id":"723","name":"Urban County Executive Form Of Government","identifier":"8","label":"chapter","url":"\/15.2\/I\/8\/"},"3":{"id":"98","name":"General Provisions; Charters; Other Forms And Organization Of Counties","identifier":"I","label":"subtitle","url":"\/15.2\/I\/"},"4":{"id":"46","name":"Counties, Cities And Towns","identifier":"15.2","label":"title","url":"\/15.2\/"}},"structure_contents":{"0":{"id":"771140","structure_id":"1826","section_number":"15.2-800","catch_line":"Designation of form of government; applicability of chapter","url":"\/15.2-800\/","token":"15.2\/I\/8\/1\/15.2-800"},"1":{"id":"771881","structure_id":"1826","section_number":"15.2-801","catch_line":"Adoption of urban county executive form","url":"\/15.2-801\/","token":"15.2\/I\/8\/1\/15.2-801"},"2":{"id":"778371","structure_id":"1826","section_number":"15.2-802","catch_line":"Powers of county vested in board of supervisors; membership, election, terms, etc., of board; vacancies; powers of chairman","url":"\/15.2-802\/","token":"15.2\/I\/8\/1\/15.2-802"},"3":{"id":"790114","structure_id":"1826","section_number":"15.2-803","catch_line":"General powers of board of supervisors","url":"\/15.2-803\/","token":"15.2\/I\/8\/1\/15.2-803"},"4":{"id":"776083","structure_id":"1826","section_number":"15.2-804","catch_line":"Appointment, qualifications and compensation of urban county executive; to devote full time to work","url":"\/15.2-804\/","token":"15.2\/I\/8\/1\/15.2-804"},"5":{"id":"780449","structure_id":"1826","section_number":"15.2-805","catch_line":"Tenure of county executive; suspension or removal","url":"\/15.2-805\/","token":"15.2\/I\/8\/1\/15.2-805"},"6":{"id":"784351","structure_id":"1826","section_number":"15.2-806","catch_line":"Absence or disability of county executive","url":"\/15.2-806\/","token":"15.2\/I\/8\/1\/15.2-806"},"7":{"id":"794018","structure_id":"1826","section_number":"15.2-807","catch_line":"Appointment of county officers and employees; federal employment, etc., not to disqualify; discussions with board","url":"\/15.2-807\/","token":"15.2\/I\/8\/1\/15.2-807"},"8":{"id":"790425","structure_id":"1826","section_number":"15.2-808","catch_line":"Tenure of county officers and employees; suspension or removal","url":"\/15.2-808\/","token":"15.2\/I\/8\/1\/15.2-808"},"9":{"id":"767664","structure_id":"1826","section_number":"15.2-809","catch_line":"Compensation of officers and employees","url":"\/15.2-809\/","token":"15.2\/I\/8\/1\/15.2-809"},"10":{"id":"772732","structure_id":"1826","section_number":"15.2-810","catch_line":"Restrictions on activities of former officers and employees","url":"\/15.2-810\/","token":"15.2\/I\/8\/1\/15.2-810"},"11":{"id":"787451","structure_id":"1826","section_number":"15.2-811","catch_line":"Powers and duties of county executive","url":"\/15.2-811\/","token":"15.2\/I\/8\/1\/15.2-811"},"12":{"id":"780182","structure_id":"1826","section_number":"15.2-812","catch_line":"County executive may act as director or head of department","url":"\/15.2-812\/","token":"15.2\/I\/8\/1\/15.2-812"},"13":{"id":"794201","structure_id":"1826","section_number":"15.2-813","catch_line":"Certain officers not affected by adoption of plan","url":"\/15.2-813\/","token":"15.2\/I\/8\/1\/15.2-813"},"14":{"id":"788150","structure_id":"1826","section_number":"15.2-814","catch_line":"Inquiries and investigations by board of supervisors","url":"\/15.2-814\/","token":"15.2\/I\/8\/1\/15.2-814"},"15":{"id":"775292","structure_id":"1826","section_number":"15.2-815","catch_line":"Regulation of garbage, trash and refuse pickup and disposal services; contracting for such services in certain counties","url":"\/15.2-815\/","token":"15.2\/I\/8\/1\/15.2-815"},"16":{"id":"767146","structure_id":"1826","section_number":"15.2-816","catch_line":"Maintenance of certain sewer lines","url":"\/15.2-816\/","token":"15.2\/I\/8\/1\/15.2-816"},"17":{"id":"772493","structure_id":"1826","section_number":"15.2-817","catch_line":"No unincorporated area to be incorporated after adoption of urban county form of government","url":"\/15.2-817\/","token":"15.2\/I\/8\/1\/15.2-817"},"18":{"id":"785477","structure_id":"1826","section_number":"15.2-818","catch_line":"City may petition to become part of county","url":"\/15.2-818\/","token":"15.2\/I\/8\/1\/15.2-818"},"19":{"id":"772537","structure_id":"1826","section_number":"15.2-819","catch_line":"Demolition of historic structures; civil penalty","url":"\/15.2-819\/","token":"15.2\/I\/8\/1\/15.2-819"},"20":{"id":"768800","structure_id":"1826","section_number":"15.2-820","catch_line":"Donations to legal entities owning recreational facilities","url":"\/15.2-820\/","token":"15.2\/I\/8\/1\/15.2-820"}},"previous_section":{"id":"788150","structure_id":"1826","section_number":"15.2-814","catch_line":"Inquiries and investigations by board of supervisors","url":"\/15.2-814\/","token":"15.2\/I\/8\/1\/15.2-814"},"next_section":{"id":"767146","structure_id":"1826","section_number":"15.2-816","catch_line":"Maintenance of certain sewer lines","url":"\/15.2-816\/","token":"15.2\/I\/8\/1\/15.2-816"},"references":false,"formats":{"txt":"\/15.2-815.txt","json":"\/15.2-815.json","xml":"\/15.2-815.xml"},"dublin_core":{"Title":"Regulation of garbage, trash and refuse pickup and disposal services; contracting for such services in certain counties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-815","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nREGULATION OF GARBAGE, TRASH AND REFUSE PICKUP AND DISPOSAL SERVICES;\nCONTRACTING FOR SUCH SERVICES IN CERTAIN COUNTIES (\u00a7 15.2-815)\n\nThe board may adopt an ordinance requiring the delivery of all or any portion of\nthe garbage, trash and refuse generated or disposed of within such county to\nwaste disposal facilities located therein or to waste disposal facilities\nlocated outside of such county if the county has contracted for capacity at or\nservice from such facilities.Such ordinances may provide that it is unlawful for\nany person to dispose of his garbage, trash and refuse in or at any other place.\nNo such ordinance shall apply to the occupants of single-family residences or\nfamily farms disposing of their own garbage, trash or refuse if such occupants\nhave paid the fees, rates and charges of other single-family residences and\nfamily farms in the same service area.Such ordinance shall not apply to garbage,\ntrash and refuse generated, purchased or utilized by an entity engaged in the\nbusiness of manufacturing, mining, processing, refining or conversion except for\nan entity engaged in the production of energy or refuse-derived fuels for sale\nto a person other than any entity controlling, controlled by or under the same\ncontrol as the manufacturer, miner, processor, refiner or converter. Nor shall\nsuch ordinance apply to (i) recyclable materials, which are those materials that\nhave been source-separated by any person or materials that have been separated\nfrom garbage, trash and refuse by any person for utilization in both cases as a\nraw material to be manufactured into a new product other than fuel or energy,\n(ii) construction debris to be disposed of in a landfill, or (iii) waste oil.\nSuch ordinances may provide penalties, fines and other punishment for\nviolations.Such county may contract with any person, whether profit or\nnonprofit, for garbage and refuse pickup and disposal services and enter into\ncontracts relating to waste disposal facilities which recover energy or\nmaterials from garbage, trash and refuse. Such contracts may make provision for,\namong other things, (i) the purchase by the county of all or a portion of the\ndisposal capacity of a waste disposal facility located within or outside the\ncounty for present or future waste disposal requirements; (ii) the operation of\nsuch facility by the county; (iii) the delivery by or on behalf of the\ncontracting county of specified quantities of garbage, trash and refuse, whether\nor not such county collects such garbage, trash and refuse, and the making of\npayments for such quantities of garbage, trash and refuse whether or not such\ngarbage, trash and refuse are delivered, including payments for revenues lost if\ngarbage, trash and refuse are not delivered; (iv) adjustments to payments made\nby the county in regard to inflation, changes in energy prices or residue\ndisposal costs, taxes imposed upon the facility owner or operator, or other\nevents beyond the control of the facility operator or owners; (v) the fixing and\ncollection of fees, rates or charges for use of the disposal facility and for\nany product or service resulting from operation of the facility; and (vi) such\nother provision as is necessary for the safe and effective construction,\nmaintenance or operation of such facility, whether or not such provision\ndisplaces competition in any market. Any such contract shall not be deemed to be\na debt or gift of the county within the meaning of any law, charter provision or\ndebt limitation. Nothing in the foregoing powers granted such county shall\ninclude the authority to pledge the full faith and credit of such local\ngovernment in violation of Article X, Section 10 of the Constitution of\nVirginia.\n\nHISTORY: 1985, c. 581, \u00a7 15.1-730.1; 1997, c. 587."}