Buchanan County, VA
 
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Table of Contents
Table of Contents
[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:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material.
DISPOSAL
Includes storage, collection, disposal or handling of refuse.
GARBAGE
All animal and vegetable waste resulting from the handling, preparation, cooking or consumption of foods.
PERSON
Includes any natural person, association, partnership, firm or corporation.
PREMISES
Land, building or other structure, vehicle, watercraft or parts thereof upon or in which refuse is stored.
REFUSE
All solid waste, except body wastes, and shall include garbage, ashes and rubbish.
RESPONSIBLE AUTHORITY
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.
RUBBISH
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.
(1) 
Each householder, commercial establishment or person having solid waste shall provide himself with approved solid waste containers and shall place and keep all solid waste therein, except as provided in §§ 76-4, 76-5 and 76-6 of this article related to the handling of rubbish.
(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.
[Amended 9-12-2016]
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]
[1]
Editor's Note: Former § 76-8, Littering, as amended, was superseded by an ordinance adopted 10-1-2007. See now Ch. 77, Litter Control.
[Added 6-15-2017]
Residential collection service shall occur once per week on a schedule to be established by the contractor and administrator. 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 administrator in consultation with the contractor, 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 or the contractor or 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 fewer 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]
The number and type of containers and collection schedule shall be determined by the administrator in consultation with the contractor, taking into consideration the density of the housing units and the average volume of disposable solid waste generated per resident or per unit.
[Added 6-15-2017]
The County will offer to collect solid waste from commercial establishments by roll-off containers on a contract basis with the County. Each commercial establishment shall properly dispose of its waste in compliance with this chapter and state and federal law.
[Added 6-15-2017]
The County will offer to collect solid waste from institutional and industrial establishments by roll-off containers on a contract basis with the County. Each institutional and industrial establishment shall properly dispose of its waste in compliance with this chapter and state and federal law.
[Added 6-15-2017]
(a) 
Fee to be established by Board of Supervisors. For refuse collection at residential units on a once-per-week basis, the monthly fee of $5 per residential unit is established, subject to change by the Board of Supervisors.
[Added 6-15-2017]
(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 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 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]
(a) 
Solid waste collection and disposal service charges shall be billed monthly by the County through the Public Service Authority. 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 rate of 10% per annum until paid. All bills shall be rendered by the County through the Public Service Authority, and payment shall be made at the office of the Buchanan County Public Service Authority. The Buchanan County Public Service Authority shall bill send a monthly bill which includes the $5 monthly garbage collection fee to the owner(s) or tenants of all residences in the County, regardless of whether such residences receive water and/or sewer services from the Buchanan County Public Service Authority. Residents of the Town of Grundy who receive garbage pickup service from the Town of Grundy are exempted from payment of the County's $5 monthly garbage collection fee.
(b) 
There shall be a lien upon real estate for the amount of any fees, or other charges by the County to the owner of the real estate for the use and services of the solid waste disposal system by or in connection with the real estate from and after the time when the fees and/or charges are due and payable, and for any late charges and interest which may accrue thereon; provided, however, that no such lien shall be imposed for nonpayment of disposal fees by a tenant of a one- to four-family residential unit. Upon such charges being more than 90 days' delinquent, a notice of such lien shall be recorded in the judgment lien docket book in the office of the Clerk of the Circuit Court for the County, in the name of such owner, showing the total amount of the unpaid fees and charges, late charges and accrued interest, with a copy of such notice being mailed to the owner. The lien shall not bind or affect a subsequent bona fide purchaser of the real estate for valuable consideration without actual notice of the lien, unless the notice provided for has been recorded in the Clerk's office as provided in this section.
(c) 
When a trash customer of the County agrees by way of contract to enter into a payment plan for a debt of $1,000 or more, the monthly accrual of penalty will freeze as long as the payment plan contract is being executed, i.e. payment is received monthly at a set minimum of 5% of the total debt in addition to the regular trash bill payment, and to be paid in full within 18 months of the contract. However, if the customer fails to make the monthly payment of the payment plan and/or the due regular trash payment for three consecutive months and/or total of five missed payment plan payments, the payment plan and contract will be deemed null and void and the County will then pursue in its normal legal collection procedures to extract payment from the trash customer.
[1]
Editor's Note: Former § 76-9, Violations and penalties, as amended, was superseded by an ordinance adopted 10-1-2007. See now Ch. 77, Litter Control.