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2014 SESSION
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. Accomack County, Augusta County, Floyd
County, Highland County, Pittsylvania County, and Wise
County Counties may by ordinance, and after a public hearing, 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. Southampton County may by ordinance, and after a public
hearing, levy a fee for the management of solid waste not to exceed the actual
cost incurred by the county in removing and disposing of solid waste. 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,
Pittsylvania County, Southampton, and Wise County
Counties, such fee shall not be used to purchase or subsidize the purchase
of equipment used for the collection of solid waste. In Augusta County,
Highland County, and Pittsylvania County, and
Southampton Counties, 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 or, in the case of Southampton County, such fee shall not exceed the costs and fees expended by the county in removing and disposing of solid waste.
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 and any cooperative formed under or subject
to Article 1 (§ 56-231.15 et seq.) of Chapter 9.1 of Title 56 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. Accomack, Highland, Pittsylvania, Southampton, and Wise Counties have 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 § 51.5-135, and disabled persons based on ability to pay.
E. Pittsylvania County and Southampton Counties
may by ordinance provide an exemption from the fee for the disposal of solid
waste to any veteran who has been rated by the U.S. Department of Veterans
Affairs or its successor agency pursuant to federal law to have a 100 percent
service-connected, permanent, and total disability in accordance with the
standards set forth in § 58.1-3219.5.