§7-1-3f. Establishment and operation of garbage and refuse
collection and disposal services.
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, either directly or by contract,
garbage and refuse collection and disposal services, and 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:
That 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 an area is
furnished 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 carrier to supplement such existing service, but shall not enter into any competing service without authority
being granted by the public service commission.
The term "users" as used herein shall mean and include any
person 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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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