ARTICLE III. COLLECTION OF
SOLID WASTE
Sec.
19-40.1. Service areas; disposal of solid waste.
(a) The provisions of this section
are enacted pursuant to the provision of section 15.2-930, Code of Virginia, and other
general enabling legislation, and shall apply to all persons
engaged in the business of collecting, transporting and/or disposing of solid waste in the
county pursuant to a permit issued pursuant to section 19-40.
(b) For purposes of this article,
the entire county is hereby designated as a service area, within which any permittee
pursuant to section 19-40 may engage in the business of collecting, transporting and/or
disposing of solid waste, in the county, to the extent authorized in such permit,
provided that all such solid waste shall be disposed of only in such places as may be
designated by the county administrator.
(c) It shall be unlawful for any
person who holds a permit pursuant to section 19-40 to dispose of any solid waste
collected in the county pursuant to the permit at any place other than that designated by
the county administrator. The provisions of this section shall not apply to:
(1) Garbage, trash and refuse
generated, purchased or utilized by an entity engaged in the business of manufacturing,
mining, processing, refining or conversion except for an entity engaged in the production
of energy or refuse-derived fuels for sale to a person other than an entity controlled by
or under the same control as the manufacturer, miner, processor, refiner or converter of
the energy or refuse-derived fuel;
(2) Recyclable materials, which
are those materials that have been source-separated by an person, or materials that have
been separated from refuse by any person for utilization in both cases as a raw material
to be manufactured into a new product other than fuel or energy;
(3) Construction debris to be
disposed of in a landfill; or in a transfer station
operated by the county.
(4) Waste oil.
(d) Nothing contained in this
section shall be construed to interfere with or in any way modify the provisions of any
existing contract in force in the county of the effective date of this section, if such
contract irrevocably requires that all waste collected in the county be delivered to some
specific location other than that designated by the county administrator. No renewal of
any existing contract upon the expiration of the original term thereof, and no new
contract for the collection, transportation or disposal of solid waste shall be entered
into after the effective date of this section, unless such renewal or such contract shall
conform to the requirements of this section.
(Ord.
No. 04-31, 1/18/05) |