[Adopted 2-7-1977]
This article shall be known as the "Solid Waste Disposal Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
Includes storage, collection, disposal or handling of refuse.
All animal and vegetable waste resulting from the handling,
preparation, cooking or consumption of foods.
Includes any natural person, association, partnership, firm
or corporation.
Land, building or other structure, vehicle, watercraft or
parts thereof upon or in which refuse is stored.
All solid waste, except body wastes, and shall include garbage,
ashes and rubbish.
The Board of Supervisors of Buchanan County, Virginia, and
the County Administrator, who shall be authorized and directed to
implement and enforce the provisions of this article, and their/his
authorized representatives.
Includes glass, metal, paper, plant growth, wood or nonputrescible
solid waste.
Functions and powers of the responsible authority shall be as
follows:
A.
To investigate and report to the Board of Supervisors complaints
against the franchise holder.
B.
To suspend operation of any franchise holder found to be in violation
of this article until said violation ceases.
C.
To initiate charges against the franchise holder for forfeiture of
franchise.
D.
To enforce violation of and provisions of this article.
A.
Preparation of refuse.
(1)
All refuse shall be drained free of excess liquids before disposal.
(2)
Garbage shall be placed in paper bags, boxes or plastic bags prior
to placement in authorized collection containers.
(3)
Rubbish shall be placed in approved containers.
(4)
Rubbish which includes grass clippings, hedge trimmings, leaves,
pine needles, etc., must be placed in an approved container.
(5)
Rubbish which includes tree trimmings must be cut in lengths not
to exceed 36 inches nor six inches in diameter and to weigh not more
than 40 pounds. It shall be placed in neat stacks at approved collection
points.
B.
Solid waste containers.
(1)
Solid waste containers for rural areas, commercial establishments
or industry are to be four cubic yards" capacity, as furnished by
the county, its agency or privately, as approved by the Board of Supervisors
of Buchanan County, Virginia.
(2)
Solid waste containers for door-to-door residential or commercial
collection shall be not more than twenty gallons" capacity and constructed
of galvanized metal or plastic. They shall be equipped with a close-fitting
lid with a handle. Cans must be constructed with no inside baffles
to facilitate discharge of solid wastes. Maximum weight of any one
container shall not exceed 40 pounds.
(3)
It shall be unlawful to permit the accumulation of residues of liquids,
solids or a combination of such materials on the bottoms of containers.
It is the intention of this provision that the interior of the container
shall be kept clean, by thorough cleaning and draining, as often as
possible.
C.
Storage of refuse.
(2)
It shall be unlawful to place solid waste in any street, alley, road, stream, body of water or any other public place or upon private property, whether owned or not, unless such refuse is placed in an approved container, except that rubbish may be stored as provided in Subsection A(3) of this section.
(3)
Commercial establishments must place all disposable material in plastic
bags prior to placing them in approved bulk containers.
A.
A franchise or franchises are hereby created for a period of four
years, with the option for renewal for an additional four-year period,
to establish and maintain and operate in so much of Buchanan County
as is not embraced within an incorporated town a sanitary trash and
garbage collection system, for both public and private purposes, in
accordance with the terms, collections and limitations of this article.
B.
Standards and regulations.
(1)
Service shall be provided to each customer in a franchise area that
desires service and pays lawful fees.
(2)
A franchise holder shall not be responsible for any materials on
private property as a result of construction.
(3)
A franchise holder shall not be responsible for collecting industrial
waste but may enter into a private contract with the industry to do
so.
(4)
Disposal of garbage and refuse shall be in an approved manner and
place.
(5)
All vehicles for collection of garbage shall be equipped with a compacting
devise or the equivalent types of closed bodies and shall have enclosed
cargo space.
C.
Prohibited activities.
(1)
It shall be unlawful to operate or sublet any collection service
except as provided by this article.
(2)
It shall be unlawful to dispose of any dangerous materials in a manner
that might be harmful to any person.
(3)
It shall be unlawful for a franchise holder to litter or to permit
his employees, agents or servants to litter upon any highway, street,
lot, sidewalk or body of water, etc., nor shall any material be dropped,
scattered or spilled upon any highway, street, lot, sidewalk, body
of water or public or private place.
D.
Bidder requirements for franchise:
(1)
A bid shall contain the names of all persons having an interest in
the bid and, if a corporation, the names of all shareholders owning
10% or more of the stock.
(2)
Each bidder shall include a financial statement.
(3)
The Sheriff of Buchanan County shall investigate and report to the
Board of Supervisors the criminal records of the applicants.
(4)
No franchise shall be sold, transferred or assigned, except by the
consent of the Board of Supervisors of the County of Buchanan, Virginia,
evidenced by its resolution. In the event of a sale or change of ownership
of the franchise, the same, at the option of the Board of Supervisors,
shall be declared forfeited.
(5)
When the Board of Supervisors shall have awarded a franchise and
have approved the same, the franchise holder shall, within the months
after said approval, commence the collection of refuse, trash and
garbage by a workable and sanitary means. In case the franchise holder
fails to commence or complete the system and collection within the
time provided, the franchise or privilege, at the option of the Board
of Supervisors, shall be forfeited together with the performance bond,
and the Board of Supervisors may advertise the same again.
(6)
All collections shall be made with the least possible delay or inconvenience
to the public.
(7)
No obstruction shall be placed by the franchise holder in any street,
road, alley, sidewalk or passageway in the county.
(8)
The holder of the franchise shall be liable for and save the county
harmless for all injuries and damages to persons or property occasioned
by the collection of garbage, trash or refuse and by negligently or
carelessly obstructing the highways, streets, roads, passageways or
public places. The franchise holder shall provide insurance with an
approved carrier in the amount of $300,000 for general liability,
$100,000 for public liability and $100,000 for property damage and
workmen"s compensation. The holder shall file certified copies of
such insurance with the County Administrator. Failure to take out
and maintain such insurance shall constitute a forfeiture of such
franchise.
(9)
Nothing in this article shall be deemed as making it mandatory for
any person to use the franchise system, provided that he or she disposes
of his or her own garbage, refuse and trash in a legal manner, abiding
by all sanitation and disposal ordinances, laws and statutes.
(10)
The franchise holder shall, before commencing any work, secure and
maintain a performance bond in the penalty of $25,000 with good and
approved surety, guaranteeing his faithful compliance with the terms
of this article and the terms of the franchise.
E.
It shall be the duty of the County Administrator, as soon as practicable
after the passage of this article, to offer said franchise or privileges,
at auction, to the lowest and best bidder, in the courtroom of the
Courthouse of the County of Buchanan, at a regular or called meeting,
after first giving notice thereof by advertising in the weekly newspaper
published in Buchanan County, Virginia, and having general circulation
therein; said advertisements shall state the time, place and terms
and that the Board of Supervisors shall have the privilege to accept
or reject any and all bids for said franchise or privilege, and if
the best bid is rejected, the Board of Supervisors may readvertise
the same until a satisfactory bid therefor shall have been received.
A.
Any person, firm or corporation who collects, hauls or transports
refuse is required to first obtain a license to engage in such operation,
except a municipality, public agency or a division of the government.
B.
The license may be canceled in the event of a change of ownership
of the operating company.
C.
All licensed equipment shall be of a type to comply with the terms
of this article and shall be inspected by the Buchanan County Health
Department during June and December of each year and certified that
the equipment is sanitary and complies with all existing regulations.
D.
The license fee shall be $100 per annum, per truck.
E.
All licenses shall cooperate with County personnel at the Transfer Station, the Regional Waste Management Authority and the County Administrator's office in verifying compliance with Chapter 76 of the Buchanan County Code. Such cooperation may include but is not limited to the following:
[Added 6-6-2016]
(1)
Verification
of daily, weekly or monthly collection of and disposal of solid waste
generated within the boundaries of Buchanan County, Virginia; and
(2)
Daily inspection at the County Transfer Station of all vehicles collecting solid waste generated within the boundaries of Buchanan County. Virginia; such inspections restricted and limited only to inspecting the solid waste being transported by said vehicles to assure compliance with the provisions of Chapter 76 of the Buchanan County Code.
A.
It shall be unlawful to dump, burn, destroy or otherwise dispose
of solid waste within the jurisdictional limits of Buchanan County,
except at the County-approved transfer station or authorized trash
receptacles owned and/or maintained by Buchanan County.
[Amended 9-12-2016; 12-6-2022]
B.
The solid waste disposal site shall be operated in accordance with
the recommendations of the Bureau of Solid Waste and Vector Control,
Commonwealth of Virginia, Department of Health.
C.
Burning at the sanitary landfill is prohibited.
D.
Scavenging at the sanitary landfill is prohibited.
E.
Except for the exceptions set forth herein pursuant to Code of Virginia,
§ 15.2-933, it shall be unlawful to dispose of garbage, trash,
refuse or any other solid waste generated within the limits of Buchanan
County at any place other than the Buchanan County Transfer Station.
The specific exceptions provided in Code of Virginia, § 15.2-933,
reads as follows: "Any ordinance requiring the delivery of all or
any portion of the garbage, trash or refuse generated or disposed
of within a locality to waste disposal facilities located within or
outside the locality, or otherwise prohibiting the disposal of garbage,
trash and refuse in or at any other place other than that provided
for the purpose, shall not apply to 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 any entity controlling, controlled by or under the
same control as the manufacturer, miner, processor, refiner or converter.
Nor shall such ordinance apply to (i) recyclable materials, which
are those materials that have been source-separated by any person
or materials that have been separated from garbage, trash and 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. (ii) construction
debris to be disposed of in a landfill or (iii) waste oil.
[Added 2-9-2015; amended 6-6-2016]
F.
Only solid
waste generated within Buchanan County shall be deposited at the County's
Transfer Station or in authorized trash receptacles owned, maintained,
and operated by Buchanan County, Va. It shall be illegal to dispose
of solid waste generated outside of Buchanan County in receptacles
or depositories owned and/or maintained by Buchanan County.
[Added 12-6-2022]
G.
Scavenging
from County owned solid waste trash receptacles is prohibited.
[Added 12-6-2022]
[Added 6-15-2017; amended 7-6-2020; 3-1-2021]
Residential collection service shall occur once per week on
a schedule to be established by the County Administrator in consultation
with the Director of Public Works. Refuse must be placed in nonreusable
containers which may be placed in reusable containers. Such containers
must be placed at the curbside or as close as practicable to collection
vehicle routes no later than 6:00 a.m. on the scheduled date of collection.
Curbside shall be deemed to be that portion of the street or highway
right-of-way adjacent to the paved or traveled portion of the roadway.
In the discretion of the County Administrator in consultation with
the Director of Public Works, residents living on private roads or
roads which are impassable to collection vehicles may be required
to deposit refuse in a dumpster provided by the County at a central
collection point. There shall be a limitation of five containers collected
at each residence per week and only refuse generated at such residence
may be disposed of and collected at that residence. It shall be unlawful
to place for collection at any residence any refuse which is not generated
at such residence or on the property upon which such residence is
located. In no event shall commercial or industrial waste be disposed
of at a residence. In the event of a multiple-unit residence consisting
of less than four residential units, each such unit shall be billed
separately, and the responsibility for payment of applicable charges
shall be that of the occupant of the individual unit.
[Added 6-15-2017; amended 7-6-2020; 3-1-2021]
The number and type of containers and collection schedule shall
be determined by the County Administrator in consultation with the
Public Works Director taking into consideration the density of the
housing units and the average volume of disposable solid waste generated
per resident or per unit. In the event of nonpayment by a tenant,
the owner of the multiple residential property of four or more units
shall be responsible for the delinquent refuse collection fees.
[Added 6-15-2017; amended 7-6-2020; 3-1-2021]
The County will offer to collect solid waste from commercial
establishments by roll-off containers on a contract basis with the
County. The refuse collection fee rate shall be $50.00 setup fee,
$100.00 dumping fee and $60.00 per ton per roll-off container. Also,
six-yard dumpsters are $75.00 rental and set-up fee and $36.00 each
time it's picked up. Each commercial establishment shall properly
dispose of its waste in compliance with this chapter and state and
federal law.
[Added 6-15-2017; amended 7-6-2020; 3-1-2021]
The County will offer to collect solid waste from institutional
and industrial establishments by roll-off containers on a contract
basis with the County. The refuse collection fee rate shall be $50.00
set-up fee, $100.00 dumping fee and $60.00 per roll-off container.
Also, six-yard dumpsters is $75.00 rental and set-up fee and $36.00
each time it's picked up. Each institutional and industrial establishment
shall properly dispose of its waste in compliance with this chapter
and state and federal law.
[1]
Editor's Note: Former § 76-8.5, Fee for residential
garbage pickup, added 6-15-2017, as amended, was repealed 5-2-2022.
[Added 6-15-2017; amended 7-6-2020; 3-1-2021]
(a)
All residents shall use the collection and disposal system operated
by the County and, unless otherwise exempted, shall be responsible
for the periodic fees as established by the County. Fees shall be
imposed for each residence located within the boundaries of the County.
At least the minimum collection fee for service shall be required,
regardless of whether or not such residence generates solid waste
for disposal. The occupant of each residence shall be responsible
for payment of any fee imposed; however, if the County Administrator
is unable to ascertain the occupant of any residence within the County,
the Administrator may charge the solid waste collection and disposal
charges to the owner of the real estate.
(b)
Collection fees shall not be required when any residence is not occupied
or otherwise in operation for 30 consecutive days, provided that the
owner shall notify the County Administrator prior to the discontinuance
of occupancy. Unless such prior notification is provided, occupancy
of the residency during any part of any month will obligate the owner
for payment of the entire monthly billing. Fees for waste collection
and/or disposal services shall not be waived in part or total for
any user when, during the County's billing cycle, any use or occupancy
of the residential, commercial or industrial facility has occurred,
unless waived by act of the Board of Supervisors.
[Added 6-15-2017; amended 7-6-2020; 3-1-2021]
(a)
Solid waste collection and disposal service charges shall be billed
monthly by the County through the County Administrator's Office. Any
bill for service which remains unpaid after a period of 30 days from
the date of billing shall be subject to the payment of an additional
service charge of 10% of the amount of such unpaid bill. In addition
to such late fees, unpaid bills will accrue interest after being 30
days delinquent, at the legal rate of until paid. All bills shall
be rendered by the County through the County Administrator's Office
and payment shall be made at or through the County Administrator'
s Office. The County Administrator's Office shall send a quarterly
bill which includes the $10.00 monthly refuse collection fee to the
owner(s) or tenants of all occupied residences in the County. Residents
of the Town of Grundy who receive garbage pickup service from the
Town of Grundy are exempted from payment of the County's $10.00 monthly
refuse collection fee.
(b)
Property owners or tenants who are 65 years old or older as of July 1 of each fiscal year who are also determined to be low-income as per the chart in Subsection C below may apply for a waiver from the monthly residential garbage pickup fees. Any such person applying for a waiver must fill out the appropriate form in the County Administrator's Office and have the waiver approved by either the County Administrator or his delegee.
(c)
DSS
low-income qualification:
[Added 3-1-2021]
A.
In the
event of a conflict between the any provision of this article and
the Buchanan County Litter Control Ordinance, this article shall be
deemed to be controlling, and any provision of the Buchanan County
Litter Control Ordinance which is inconsistent with any provision
of this article is hereby repealed in whole or in part as necessary
to remove such inconsistency.
[Added 3-1-2021]
Should any part or provision of this article be found to be
invalid due to conflict with federal or state law or regulation, or
found to be otherwise invalid by any court of competent jurisdiction,
such invalidity shall in no way affect any other provision of this
article, and the invalid portion of such article shall be deemed to
be deleted here from without affecting any other provision of this
article.
