Code of Virginia
Chapter 51 - Virginia Water and Waste Authorities Act
§ 15.2-5120. Powers of authority in certain counties and cities

An authority or authorities created pursuant to the provisions of this chapter by Arlington County and the City of Alexandria, singularly or jointly, may enter into contracts relating to the furnishing of services and facilities for refuse collection and disposal and conversion of same to energy (system) with any person or partnership or corporation (entity). The contract shall not have a term in excess of 30 years from the date on which service is first provided. It may make provisions for:
1. The use by the authority of all or a portion of the disposal capacity of such system for the authority's present or future requirements;
2. The delivery by or for the account of the authority of specified quantities of refuse, whether or not the authority collects such refuse;
3. The making of payments in respect of such quantities of refuse, whether or not the refuse is delivered, including payments in respect of revenues lost if such refuse is not delivered;
4. Adjustments to payments to be made by the authority because of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the system, or other events beyond the control of the entity or in respect of the actual costs of maintaining, repairing, or operating the system, including debt service or capital lease payments, capital costs, or other financing charges relating to the system; and
5. The collection by the entity of fees, rates, or charges from persons using disposal capacity for which the authority has contracted.
The authority may fix, charge, and collect fees, rates, and charges for services furnished or made available by the entity operating the system to provide sufficient funds at all times during the term of the contract, together with other funds available to the authority for such purposes, to pay all amounts due from time to time under such contract and to provide a margin of safety for such payment. The authority may covenant with the entity to establish and maintain fees, rates, and charges at such levels during the term of the contract for such purposes.
Such fees, rates, and charges shall not apply to refuse generated, purchased, or utilized by any enterprise located in the service area and engaged in the business of manufacturing, mining, processing, refining, or conversion that is not disposed at or through such system.
The fees, rates, and charges may be imposed upon the owners, tenants, or occupants of each occupied lot or parcel of land that the authority determines (with the concurrence at the time of such determination of the local government in which such parcel is located) is in the service area, or portion thereof, of the system for which the authority has contracted, whether or not refuse generated from such parcel is actually delivered to such system.
The fees, rates, and charges shall be fixed in accordance with the procedures set forth in subsection D of § 15.2-5136. Such fees, rates, and charges may be allocated among the owners, tenants, or occupants of each lot or parcel of land that the authority determines is in the service area, or portion thereof, of the system for which the authority has contracted. Such allocation may be based upon:
1. Waste generation estimates, the average number of persons residing, working in, or otherwise connected with such premises, the type and character of such premises, or upon any combination of the foregoing factors;
2. The amount of refuse delivered to such system;
3. The assessed value of such parcels; or
4. A combination of the foregoing.
There shall be a lien on real estate for the amount of such fees, rates, and charges as provided in § 15.2-5139. The authority is empowered by resolution or other lawful action to enforce the payment of the lien by means of the actions described in § 15.2-5138.
The power to establish such fees, rates, and charges shall be in addition to any other powers granted hereunder, and such fees, rates, and charges shall not be subject to the jurisdiction of any commission, authority, or other unit of government. The entity contracting with the authority, except to the extent that rights herein given may be restricted by the contract, either at law or in equity, by suit, mandamus, or other proceedings, may protect and enforce any and all rights granted under such contract and may face and compel the performance of all duties required by this chapter or by such contract to be performed by the authority or by any officer thereof, including without limitation the fixing, charging, and collecting of fees, rates, and charges in accordance with this chapter and such contract.
Such contract, with the irrevocable consent of the entity, may be made directly with the trustee for indebtedness issued to finance such system and provide for payment directly to such trustee. The authority may pledge fees, rates, and charges made in respect of the contract with the entity, and such pledge shall be valid and binding from the time it is made. Fees, rates, and charges so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery or further act, and the lien of such pledge shall be valid and binding against all parties having claims of any kind, in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Neither the contract nor any assignment thereof need be filed or recorded except in the records of the authority.
The requirements and restrictions of § 15.2-5121 shall not apply to any contract of the authority with respect to the system if the entity for such system will not collect refuse from the generators of the same and there are no such facilities located in the area served by the authority.
1997, c. 587; 2019, c. 632.

Structure Code of Virginia

Code of Virginia

Title 15.2 - Counties, Cities and Towns

Chapter 51 - Virginia Water and Waste Authorities Act

§ 15.2-5100. Title of chapter

§ 15.2-5101. Definitions

§ 15.2-5102. One or more localities may create authority

§ 15.2-5102.1. (Contingent expiration date) Hampton Roads area refuse collection and disposal system authority

§ 15.2-5103. Ordinance, agreement or resolution creating authority to include articles of incorporation

§ 15.2-5104. Advertisement of ordinance, agreement or resolution and notice of hearing

§ 15.2-5105. Hearing; referendum

§ 15.2-5106. Voters' petition requesting agreement and referendum

§ 15.2-5107. Filing articles of incorporation

§ 15.2-5108. Issuance of certificate or charter

§ 15.2-5109. Dissolution and termination of authority

§ 15.2-5110. Amendment of articles of incorporation

§ 15.2-5111. Specification of projects

§ 15.2-5112. Joinder of another locality or authority; withdrawal from authority

§ 15.2-5113. Members of authority board; chief administrative or executive officer

§ 15.2-5114. Powers of authority

§ 15.2-5115. Same; contracts relating to use of systems

§ 15.2-5116. Same; effect of annexation

§ 15.2-5117. Same; insurance for employees

§ 15.2-5118. Powers of Authority; streetlights in King George County

§ 15.2-5119. Power to provide and operate electric energy systems

§ 15.2-5120. Powers of authority in certain counties and cities

§ 15.2-5121. Operation of refuse collection systems; displacement of private companies

§ 15.2-5122. Approval for certain water supply impoundment facilities

§ 15.2-5123. Sewage treatment plants to include certain capability

§ 15.2-5124. Repealed

§ 15.2-5125. Issuance of revenue bonds

§ 15.2-5126. Time for contesting validity of proposed bond issue; when bonds presumed valid

§ 15.2-5127. Proceeds of bonds

§ 15.2-5128. Interim receipts and temporary bonds; bonds mutilated, lost or destroyed

§ 15.2-5129. Provisions of chapter only requirements for issue

§ 15.2-5130. Limitations in bond resolution or trust agreement

§ 15.2-5131. Bonds not debts of Commonwealth or participating political subdivision

§ 15.2-5132. Exemption from taxation

§ 15.2-5133. Trust agreement; bond resolution

§ 15.2-5134. Disposition of unclaimed funds due on matured bonds or coupons

§ 15.2-5135. Contracts concerning interest rates, currency, cash flow and other basis

§ 15.2-5136. Rates and charges

§ 15.2-5137. Water and sewer connections; exceptions

§ 15.2-5138. Enforcement of charges

§ 15.2-5138.1. Enforcement of certain charges when authority does not provide water services

§ 15.2-5139. Lien for charges

§ 15.2-5140. Trust funds

§ 15.2-5141. Bondholder's remedies

§ 15.2-5142. Refunding bonds

§ 15.2-5143. Purchase in open market or otherwise

§ 15.2-5144. Investment in bonds

§ 15.2-5145. Financial report; authority budget; audit

§ 15.2-5146. Use of state land

§ 15.2-5147. Powers of localities, etc., to make grants and conveyances to and contracts with authority

§ 15.2-5148. Units may convey property

§ 15.2-5149. Interference with railroad structures

§ 15.2-5150. Creating or joining more than one authority

§ 15.2-5151. Water utilities may act as billing agents

§ 15.2-5152. Localities may consider petitions for creation of authority

§ 15.2-5153. Landowners may petition localities

§ 15.2-5154. Contents of petition

§ 15.2-5155. Ordinance or resolution creating authority

§ 15.2-5156. Hearing; notice

§ 15.2-5157. Recording in land records

§ 15.2-5158. Additional powers of community development authorities

§ 15.2-5159. Validation of creation of authorities; bonds issued