Senate Bill No. 709
(By Senators Helmick, Anderson, Bowman, Craigo, Love, Ross, Rowe,
Snyder, Deem and Minear)
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[Originating in the Committee on Natural Resources ;
reported March 29, 2001.]
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A BILL to amend and reenact section three-f, article one, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to residential garbage and
refuse collection; and disposal service by county commission.
Be it enacted by the Legislature of West Virginia:
That section three-f, article one, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3f. Establishment and operation of garbage and refuse
collection and disposal services.
(a) In addition to all other powers and duties now conferred by law upon county commissions, such commissions are hereby
empowered to establish, operate and maintain residential garbage
and refuse collection and disposal services by use of county-wide
curbside, collection points, or green boxes, either (1) directly if
established prior to the first day of January, two thousand one, or
(2) by contract with private certificated carriers. Such services
shall be regulated by the public service commission., garbage and
refuse collection and disposal services, and
(b) Further, county commissions may impose reasonable fees and
penalties by ordinance to pay for the establishment, operation and
maintenance of such collection and disposal services, in whole or
in part, either out of general funds in the county treasury, or out
of special funds to be derived from fees charged to and paid by the
users of such services, or a combination of both such general
revenue or special fund: Provided, That the.
(c) The power and authority hereby conferred upon county
commissions shall not be exercised in territory included within the
boundaries of any municipal corporation, except as provided herein.
Any county commission for the purpose of implementing this section
is hereby authorized to enter into such contract or contracts with
any municipality or county within this state for the purposes of
carrying out the powers vested in such county commissions by this section, and all said county commissions may, pursuant to such
contract, exercise the authority herein granted within such
contracting municipality: Provided, however, That where
(d) Where an area is furnished residential garbage and refuse
collection service by an existing carrier under authority issued by
the public service commission of West Virginia, the county
commission may enter into contracts or agreements with such the
carrier to supplement such the existing service, but shall not
enter into any competing service without authority being granted by
the public service commission.
(e) The term "users" as used herein shall mean and include any
person who uses residential garbage and refuse collection and
disposal services or to whom such services are made available under
the provisions of this section.
The authority granted by this section expires on the first day
of January, one thousand nine hundred eighty-nine.