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2001 SESSION

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019103406
SENATE BILL NO. 1318 Offered January 11, 2001 A BILL to amend the Code of Virginia by adding a section numbered 46.2-1304.1, relating to local ordinances regulating construction and parking of vehicles used to transport municipal waste. ---------- Patron-- Byrne ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-1304.1 as follows:

§ 46.2-1304.1. Localities may regulate construction and parking of vehicles used to transport municipal solid waste.

The governing body of any county, city, or town may by ordinance provide that:

1. No vehicle used to transport municipal solid waste shall be parked anywhere within the county, city, or town, except at locations designated as solid waste management facilities by permits issued by the Director of the Department of Waste Management; and

2. The cargo compartment of every vehicle that (i) has a gross vehicle weight rating in excess of a minimum amount specified in the ordinance and (ii) is used to transport municipal solid waste shall have solid walls and flooring and a solid overhead covering constructed in such a manner and such materials as to prevent the escape of any waste, solid or liquid, therefrom.

Any such ordinance shall include a definition of "municipal solid waste." No such ordinance shall impose, for any violation of any of its provisions, a penalty greater than provided for a traffic infraction as provided in § 46.2-113.