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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
LD5907160Patrons--Cooper, Christian, Crittenden, Darner, Keating and Puller; Senator: Lucas
Be it enacted by the General Assembly of Virginia:
1. That § 15.1-1250.01 of the Code of Virginia is amended and reenacted as follows:
§ 15.1-1250.01. Public hearing for certain garbage and refuse collection.
No service authority formed under this chapter shall be permitted to operate
itself or contract for the operation of a garbage and refuse collection and
disposal system for any county political subdivision,
or to collect service charges therefor, unless the participating county
board of supervisors governing body finds, after public
notice and hearing: (i) that privately owned and operated refuse collection
and disposal services are not available on a voluntary basis by contract or
otherwise, (ii) that the use of such privately owned services has
substantially endangered the public health or has resulted in substantial
public nuisance, (iii) that the privately owned refuse collection and
disposal service is not able to perform the service in a reasonable and
cost-efficient manner, or (iv) that operation by such authority or contract
for such operation, in spite of any potential anti-competitive effect, is
important in order to provide for the development and/or operation of a
regional system of garbage and refuse collection and disposal for two or more
units.
Upon such a finding by the participating board of
supervisors governing body, such service authority may
itself operate or contract for the operation of a refuse collection and
disposal system.
The requirements and restrictions of this section shall not apply in any
county political subdivision wherein garbage and refuse
collection and disposal services are being operated or contracted for by any
sanitary district located therein, as of July 1, 1983.
Notwithstanding the provisions of this section, no county
political subdivision participating in a service authority formed
under this chapter shall be required to comply with the public hearing
requirements of this section where the service authority proposes to contract
with the private sector for services or systems involving discarded or waste
materials removed from the nonhazardous solid waste stream for recycling or
where the service authority proposes to contract with the private sector for
services or systems involving collection and disposal of nonhazardous solid
waste where the collected waste will be disposed of in a state-permitted
waste management facility and where the service authority has a contract for
services which shall be paid for through a supporting financial agreement
approved by the participating county board of supervisors
political subdivision's governing body. For purposes of this
section, "recycling" means the process of separating a given nonhazardous
waste material from the waste stream and processing it so that it may be used
again as a new material for a product which may or may not be similar to the
original product or used in manufacturing any usable product.