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2002 SESSION

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021302524
SENATE BILL NO. 359 Offered January 9, 2002 Prefiled January 9, 2002 A BILL to amend and reenact § 15.2-928 of the Code of Virginia, relating to waste disposal; counties' powers. ---------- Patrons-- Reynolds; Delegate: Armstrong ---------- Referred to Committee on Local Government ----------

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-928 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-928. Local recycling and waste disposal; powers; penalties.

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) provide penalties for the unauthorized use of or failure to use such facilities; and (viii) grant incentives to encourage recycling.

B. Any county may by ordinance limit the use of county-owned or maintained solid waste depositories or receptacles to the disposal of garbage and other solid waste originating from within the boundaries of such county. Any county 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 § 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.