06-18-13 Public Hearing-Proposed Amendments to Chapter 17-Solid Waste Disposal Fee - PCCPUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, June 18,
2013 at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse
Addition in Chatham, Virginia to receive citizen input on the proposed amendment to Chapter
17; Solid Waste Disposal, of the Pittsylvania County Code to meet the requirements of §15.2 -
2159(A) of the Code of Virginia, 1950, as amended, for code updates to become effective July 1,
2013 that would prohibit a Solid Waste Disposal Fee being levied upon persons whose
residential waste is not disposed of in the County's Landfill, provided that said nondisposal is
documented, to the reasonable satisfaction of the Commissioner of Revenue's Office, by the
collector or generator of such waste.
A full text of the proposed changes is available in the office of the County Administrator, 1
Center Street, Chatham, Virginia Monday through Friday from 8:00 a. m. to 5:00 p. m. for public
viewing and on the County's website: www.pittgov.org.
PROPOSED
PITTSYLVANIA COUNTY CODE
CHAPTER 17
SOLID WASTE DISPOSAL
Article III.
Solid Waste Disposal Fee
§ 17 -11. Title; Incorporation of State Code
§ 17 -12. Solid Waste Disposal Fee; Fee Schedule; Use of Fee; Effective Date
§ 17 -13. Payment of Solid Waste Disposal Fee
§ 17 -14. Collection of Solid Waste Disposal Fee; Commission
§ 17 -15. Due Date for Solid Waste Disposal Fee
§ 17 -16. Application of Solid Waste Disposal Fee to Towns in Count
§ 17 -17. Late Payment Provisions, Lien
§ 17 -18. Partial Exemption for Qualified Elderly or Disabled Persons
§ 17 -19. Application of Solid Waste Disposal Fee to Rental Property; Affidavit of Vacancy
§ 17 -20. Solid Waste Disposal Regulations; Scavenging; Ownership of Solid Waste
§ 17 -21. Violations of Chapter
§ 17 -22. Severability
Article III.
Solid Waste Disposal Fee
SEC. 17 -11. TITLE; INCORPORATION OF STATE CODE.
This ordinance shall be known as the "Solid Waste Disposal Fee Ordinance" of the County of
Pittsylvania, Virginia. The terms and provisions of Section 15.2 -2159 of the Code of Virginia,
1950, as amended, are adopted and incorporated herein by express reference and deemed a part
of this Article.
SEC. 17 -12. SOLID WASTE DISPOSAL FEE; FEE SCHEDULE; USE OF FEE:
EFFECTIVE DATE.
Pursuant to the provisions of and authority contained in Section 15.2 -2159 of the Code of
Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors does hereby establish
a Solid Waste Disposal Fee. A Solid Waste Disposal Fee Schedule shall be adopted annually by
the Board of Supervisors, via Resolution, following a duly advertised and conducted public
hearing. Said fee shall not exceed the actual cost incurred by Pittsylvania County (the "County ")
in procuring, developing, maintaining, and improving its Landfill and for such reserves as may
be necessary for capping and closing such Landfill in the future. Such fee shall be deposited in a
special account to be expended only for the purposes for which it was levied. The County's
Solid Waste Disposal Fee shall be effective on or after July 1, 2012. Effective July 1, 2013, the
Solid Waste Disposal Fee shall also be able to be used to purchase or subsidize the purchase of
equipment used for the collection of residential solid waste disposed of at the County's landfill.
SEC. 17 -13. PAYMENT OF SOLID WASTE DISPOSAL FEE.
Every person owning or operating any house, apartment, rental house, rental residential unit,
multiple residential units, trailer camp, or trailer court ( "households ") in the County or the
Towns contained in the County shall pay said Solid Waste Disposal Fee based on said Solid
Waste Disposal Fee Schedule, with the following exception, effective July 1, 2013, and as
authorized by Section 15.2- 2159(A) of the Code of Virginia, 1950, as amended: no Solid Waste
Disposal Fee shall be levied upon persons whose residential waste is not disposed of in the
County's landfill, provided said nondisposal is documented, to the reasonable satisfaction of the
Commissioner of Revenue's Office, by the collector or generator of such waste. Documentation
provided by a collector of such waste pursuant to this exception shall not be disclosed by the
County to any other person. To the extent allowed by law, the Board of Supervisors shall have
the ability to waive, rebate, and /or reimburse any Solid Waste Disposal Fee due and owing the
County.
SEC. 17 -14. COLLECTION OF SOLID WASTE DISPOSAL FEE; COMMISSION.
The County may either collect the fee itself, or enter into a contractual agreement to be
negotiated by the County Administrator, or his/her designee, with a public service corporation as
set forth and authorized in Section 15.2 -2159 of the Code of Virginia, 1950, as amended, for the
collection of the fee. The commission for such collection service shall not exceed five percent
(5 %) of the amount of the fees due and collected.
SEC. 17 -15. DUE DATE FOR SOLID WASTE DISPOSAL FEE.
Unless collected by a public service corporation pursuant to Section 17 -14 supra, an invoice for
said fee shall be included in the semi - annual real estate tax assessment mailings. Payment of
said fee shall be made to the Pittsylvania County Treasurer's Office. Households assessed the
Solid Waste Disposal Fee shall have the option of paying said fee annually or semi - annually. If
collected by the County, the Solid Waste Disposal Fee shall be due and owing each year, no later
than the fifth (5"') day of June and the fifth (5t') day of December of each year. Therefore, since
the effective date of the County's Solid Waste Disposal Fee is July 1, 2012, the due date of the
first payment of said fee shall be December 5, 2012, and payment thereafter shall be due on the
aforementioned dates for each year thereafter.
SEC. 17 -16. APPLICATION OF SOLID WASTE DISPOSAL FEE TO TOWNS IN
COUNTY.
Households located in the Towns of Hurt, Gretna, and Chatham shall also be assessed the Solid
Waste Disposal Fee in accordance with the provisions of this Article.
SEC. 17 -17. LATE PAYMENT PROVISIONS; LIEN.
A. If payment of the fee is not made, then a notice of delinquency will be mailed to each
property owner(s) not having paid the fee, advising that collection proceedings will begin
in thirty (30) days. Supplemental assessments may be issued after the due dates and such
assessments will be due thirty (30) days after mailing.
B. Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee by the dates detailed in Sections 17 -15 herein shall be required to
pay penalty on said fee as set forth in § 58.1 -3916 of the Code of Virginia, 1950, as
amended.
C. Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee by the dates detailed in Section 17 -15 herein shall be required to pay
interest on said unpaid fee as set forth in § 58.1 -3916 of the Code of Virginia, 1950, as
amended.
D. Any payment of the Solid Waste Disposal Fee shall be credited first against the most
delinquent Solid Waste Disposal Fee account due and owing.
E. Payment of all due and owing Solid Waste fees, penalties, and accrued interest shall be
required prior to approval of an application for rezoning, special exception, variance, or
other land use permit.
F. Failure to pay the Solid Waste Disposal Fee can result, after due process, in the
placement of a lien on the property in question in favor of the County.
SEC. 17 -18. PARTIAL EXEMPTION FOR QUALIFIED ELDERLY OR DISABLED
PERSONS.
As authorized by Section 15.2- 2159(D)(6) of the Code of Virginia, 1950, as amended, there is a
partial exemption of fifty percent (50 %) from this Solid Waste Disposal Fee for households of
the elderly and/or disabled who qualify for such exemptions. Said exemption shall be governed
by the conditions and income criteria as set forth in Section 6 -6 of the Pittsylvania County Code,
as amended. Any and all information of or related to income or disability, and verification of
same, shall be provided upon application for said exemption in accordance with the policy and
procedures set forth by the Pittsylvania County Board of Supervisors and /or the Pittsylvania
County Commission of the Revenue's Office.
SEC. 17 -19. APPLICATION OF SOLID WASTE DISPOSAL FEE TO RENTAL AND
NON - RENTAL PROPERTY, AFFIDAVIT OF VACANCY.
Except as exempted in Section 17 -13 supra, the owner(s) of record of any house, apartment,
rental residential unit, rental house, multiple residential units, trailer camp, or trailer court, shall
be responsible for payment of the Solid Waste Disposal Fee. Initially, a Solid Waste Disposal
Fee shall be assessed, individually, to /for each rental unit. However, a Solid Waste Disposal Fee
shall not be due and owing for /on any vacant unit. It shall be the responsibility of the owner(s)
of record or operators of said property to notify the Pittsylvania County Commissioner of
Revenue's Office of any vacancies in units no later than the fifth (5th) day of June and the fifth
(5`h) day of December of each year. Following said notification, the burden of proof shall be on
the owner(s) or operators of the property to demonstrate and prove to the reasonable satisfaction
of the Commissioner of Revenue's Office the vacancies of/in any unit(s). The Solid Waste
Disposal Fee shall be prorated accordingly for any vacancies in property proven to the
reasonable satisfaction of the Commissioner of the Revenue's Office. Payment for said
proration/reimbursement shall be made by the Pittsylvania County Treasurer's Office, after
submission of an exoneration report and appropriate documentation by the Commissioner of
Revenue's Office. Finally, said notice of vacancies shall be evidenced by a signed and sworn to
Affidavit of Vacancy. The Affidavit of Vacancy form shall be provided by the Pittsylvania
County Commissioner of Revenue's Office. Any misstatement, falsehood, or misrepresentation
on the Affidavit of Vacancy shall be deemed fraud, prosecuted by the appropriate County entity
to the fullest extent of the law, and may subject the Affrant(s) to criminal /civil penalties, fines,
and incarceration. For all rental and non - rental property, said fee shall be pro -rated if
verification of residency, via a notarized affidavit of vacancy filed with the Commissioner of
Revenue's Office, is less than twelve (12) months.
SEC. 17 -20. SOLID WASTE DISPOSAL REGULATIONS; SCAVENGING;
OWNERSHIP OF SOLID WASTE.
It shall be unlawful to dump, destroy, or otherwise dispose of solid waste within the
jurisdictional limits of the County of Pittsylvania, Virginia, except at approved and designated
solid waste disposal facilities, subject to the following limitations and conditions:
A. Only household trash, residential waste, and compactable refuse shall be deposited at
solid waste convenience centers.
B. No business, industrial, construction, demolition, medical, automotive, yard or
landscaping, or commercial waste shall be deposited at solid waste convenience centers.
C. No solid waste shall be deposited at solid waste convenience centers by non - County
residents, except as provided or by local, state, or federal anti - littering programs.
D. Unless subject to a special contract approved by the Pittsylvania County Board of
Supervisors, no solid waste generated or originating from outside of the County shall be
deposited in the Landfill.
E. The following items shall also not be deposited at solid waste convenience centers:
1.) Explosives, gasoline, kerosene, and waste oil.
2.) Furniture or other bulky residential items that will not fit into a compactor
chamber.
3.) Dead animals.
4.) Materials which constitute a hazard to personnel handling solid waste or to the
public.
F. It shall be unlawful to scavenge or attempt to salvage materials from waste delivered to
or deposited at a convenience center site or the Landfill.
G Upon delivery of solid waste to an approved disposal site, all rights of ownership and
exclusive possession to lawfully deposited solid waste shall vest in Pittsylvania County.
SEC. 17 -21. VIOLATIONS OF CHAPTER.
A violation of the provisions of this Article shall constitute a Class 2 misdemeanor. Each day's
continuance of a violation of this Ordinance is considered to be a separate offense.
SEC. 17-22. SEVERABILITY.
Should any section or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or
any part thereof, other than the part so declared to be invalid.
Adopted by the Board of Supervisors May 7, 2012.
Amended by the Board of Supervisors March 19, 2013