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1994 SESSION


CHAPTER 458
An Act to amend and reenact § 15.1-28.1 of the Code of Virginia, relating to local government regulation of garbage and refuse pickup and disposal services; penalties.
[H 478]
Approved April 8, 1994

Be it enacted by the General Assembly of Virginia:

1. That § 15.1-28.1 of the Code of Virginia is amended and reenacted as follows:

§ 15.1-28.1. Regulation of garbage and refuse pickup and disposal services; contracting for such services.

A. The governing body of any county, city or town in this Commonwealth may, by ordinance, impose license taxes upon and otherwise regulate the services rendered by any business engaged in the pickup and disposal of garbage, trash or refuse, wherein service will be provided to the residents of any such county, city or town. Such regulation may include the delineation of service areas, the limitation of the number of persons engaged in such service in any such service area, including the creation of one or more exclusive service areas, and the regulation of rates of charge for any such service.

Such governing bodies are authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in their respective jurisdiction.

B. The governing body of any county with a population in excess of 800,000 may provide, by ordinance, civil penalties not exceeding $500 per offense for persons willfully contracting with a solid waste collector or collectors not licensed or permitted to perform refuse collection services within that jurisdiction. For purposes of this section, evidence of a willful violation is the voluntary contracting by a person with a solid waste collector after having received written notice from the jurisdiction that the solid waste collector is not licensed or permitted to operate within that jurisdiction. Written notice may be provided by certified mail or by any appropriate method specified in Article 4 of Chapter 8 of Title 8.01.

C. The governing body of any county with a population in excess of 800,000 may, by ordinance, authorize the local police department to serve a summons to appear in court on solid waste collectors operating within that jurisdiction without a license or permit. Each day the solid waste collector operates within the jurisdiction without a license or permit is a separate offense, punishable by a fine of up to $500.