TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 44

SOLID WASTE DISPOSAL SITES

31-4403.  Operation and maintenance. (1) It shall be the duty of the board of county commissioners in each of the several counties to acquire sites or facilities, and maintain and operate solid waste disposal systems. Such maintenance and operation may, by exclusive or nonexclusive means, be performed through or by:

(a)  Employees, facilities, equipment, and supplies hired by or acquired by the board of county commissioners;

(b)  Contracts, franchises, or otherwise entered into by the board to have the maintenance and operation performed by private persons;

(c)  Contracts entered into by the board to have the maintenance and operation performed by another unit of government;

(d)  Contracts, franchises, or otherwise granted pursuant to law by the board, for all or any part or parts of the county; or

(e)  Any combination of paragraphs (a), (b), (c), and (d) of this subsection.

(2)  Notwithstanding any other provision of law to the contrary, in order to provide for the public health, safety, and well-being, the board of county commissioners or another unit of state government may determine whether solid waste disposal systems services are to be provided by means of a contract, franchise, or otherwise, pursuant to subsection (1)(b) of this section, or any contract, franchise, or otherwise awarded pursuant to subsection (1)(d) of this section, with or without compulsory competitive bidding.

(3)  Notwithstanding any county contract or franchise for solid waste collection to the contrary, any person may contract with a solid waste collection provider of the person’s choosing for the use of solid waste collection containers that are temporary and project-specific, as defined by county ordinance.

(4)  The board of county commissioners, before entering into such contracts, franchises, or otherwise, may require such security for the performance thereof as it deems appropriate or may waive such undertaking.

History:

[31-4403, added 1970, ch. 104, sec. 3, p. 259; am. 1971, ch. 61, sec. 3, p. 137; am. 1979, ch. 109, sec. 2, p. 346; am. 1986, ch. 19, sec. 2, p. 60; am. 2004, ch. 144, sec. 1, p. 474; am. 2026, ch. 75, sec. 1, p. 318.]