2006 Code of Virginia § 15.2-928 - Local recycling and waste disposal; powers; penalties

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

A. Any locality may (i) provide and operate, within or outside itsboundaries, solid waste management facilities and appurtenances for thecollection, management, recycling and disposal of solid waste, recyclablematerials, 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 anylocality or agency of the Commonwealth to provide such services for eitherentity; (v) prohibit the disposal of garbage or recyclable materials in or atany place other than that provided by the public or private sector for thepurpose; (vi) charge and collect compensation for such services; (vii)regulate the times and placement of waste and waste containers set out forcollection, such regulation to require notice so as to allow removal by theowner of the waste or waste containers prior to imposition of a civilpenalty, provided that, in the City of Roanoke, provided the third noticerequired herein included an opportunity for the owner to be heard, the civilpenalty may be imposed without further notice after the third notice forviolation; (viii) provide penalties, including either criminal or civilpenalties, for the unauthorized use of or failure to use such facilities.Prosecution of either a civil or criminal offense shall preclude prosecutionof the other for the same offense; and (ix) grant incentives to encouragerecycling.

B. Any locality may by ordinance limit the use of solid waste depositories orreceptacles, owned or maintained by the locality, to the disposal of garbageand other solid waste originating from within the boundaries of suchlocality. Any locality adopting such an ordinance may provide penalties forits violation pursuant to subsection A.

C. For the purposes of this section, recyclable materials shall be thosematerials identified in a plan adopted pursuant to 10.1-1411 andregulations promulgated thereunder. Nothing in this section shall invalidatethe actions of any locality taken prior to enactment of this section. Nothingin this section shall be construed as prohibiting any generator of recyclablematerials from selling, conveying or arranging for transportation of suchmaterials to a recycler for reuse or reclamation, nor preventing a recyclingcompany or nonprofit entity from collecting and transporting recyclablematerials from a buy-back center, drop box or any generator of recyclablematerials.

(1991, c. 665, 15.1-11.5:3; 1997, cc. 236, 587; 2000, c. 231; 2002, cc.161, 690; 2003, c. 518; 2006, c. 847.)