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2003 SESSION


CHAPTER 25
An Act to amend and reenact § 15.2-2159 of the Code of Virginia, relating to fees for solid waste disposal.
[S 1075]
Approved March 16, 2003

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-2159 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-2159. Fee for solid waste disposal by counties.

A. Floyd County, Highland County, any county with a population between 53,000 and 55,000, any county with a population between 39,550 and 41,550, and any county with a population between 31,650 and 32,000 38,000 and 40,000 may levy a fee for the disposal of solid waste not to exceed the actual cost incurred by the county in procuring, developing, maintaining, and improving the landfill and for such reserves as may be necessary for capping and closing such landfill in the future. Such fee as collected shall be deposited in a special account to be expended only for the purposes for which it was levied. Except in Floyd County and any county with a population between 39,550 and 41,450, such fee shall not be used to purchase or subsidize the purchase of equipment used for the collection of solid waste. In Highland County and any county with a population between 53,000 and 55,000, such fee (i) may only be levied upon persons whose residential solid waste is disposed of at a county landfill or county solid waste collection or disposal facility and (ii) shall not be levied upon persons whose residential waste is not disposed of in such landfill or facility if such nondisposal is documented by the collector or generator of such waste as required by ordinance of such county. Documentation provided by a collector of such waste pursuant to clause (ii) shall not be disclosed by the county to any other person.

B. Any fee imposed by subsection A when combined with any other fee or charge for disposal of waste shall not exceed the actual cost incurred by the county in procuring, developing, maintaining, and improving its landfill and for such reserves as may be necessary for capping and closing such landfill in the future.

C. Any county which imposes the fee allowed under subsection A may enter into a contractual agreement with any water or heat, light, and power company or other corporation coming within the provisions of Chapter 26 (§ 58.1-2600 et seq.) of Title 58.1 except Appalachian Power Company, Shenandoah Valley Electric Cooperative, BARC Electric Cooperative and Powell Valley Electric Cooperative for the collection of such fee. The agreement may include a commission for such service in the form of a deduction from the fee remitted. The commission shall be provided for by ordinance, which shall set the rate not to exceed five percent of the amount of fees due and collected.

D. Any county which imposes the fee allowed under subsection A and has a population between 38,000 and 40,000 or 39,550 and 41,550 has the following authority regarding collection of said fee:

1. To prorate said fee depending upon the period a resident or business is located in said county during the year of fee levy;

2. To levy penalty for late payment of fee as set forth in § 58.1-3916 of the Code of Virginia;

3. To levy interest on unpaid fees as set forth in § 58.1-3916 of the Code of Virginia;

4. To credit the fee first against the most delinquent use fee account owing;

5. To require payment of the fee prior to approval of an application for rezoning, special exception, variance or other land use permit; and

6. To provide discounts to the standard fee rates for older persons, as defined in § 2.2-703, and disabled persons based on ability to pay.