Bill Text: VA SB329 | 2024 | Regular Session | Enrolled
Bill Title: Compost and other products containing organic soil amendments infrastructure; civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-04-17 - Passed by for the day [SB329 Detail]
Download: Virginia-2024-SB329-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 15.2-937.1 and by adding in Article 3 of Chapter 9 of Title 22.1 a section numbered 22.1-141.3 as follows:
§15.2-937.1. Localities may require separation of organic waste; civil penalty.
A. For purposes of this section:
"Generator" means a generator of large quantities of organic waste, including public and nonpublic school facilities, supermarkets, convenience stores, or similar establishments, a business, school, or institutional cafeteria, and a cafeteria operated by or on behalf of the Commonwealth or a locality.
"Organic waste" means material derived from the processing or discarding of food, including pre-consumer and post-consumer vegetables, fruits, grains, dairy products, and meats.
B. Any locality may by ordinance require that certain generators separate the organic waste from other solid waste and ensure that the organic waste is diverted from final disposal in a refuse disposal system. The ordinance may require that generators divert organic waste from final disposal in a refuse disposal system by (i) reducing the amount of food residuals generated; (ii) donating servable food; (iii) managing the organic waste in an on-site organics recycling system; (iv) providing for the collection and transportation of organic waste for agricultural use, including for use as animal feed or for processing in an organics recycling facility; or (v) engaging in some combination of those waste diversion activities.
C. The ordinance shall only apply to a generator that generates a threshold amount of organic waste, as established in the ordinance. Such generator may apply for a waiver from the above requirements if the generator demonstrates undue hardship in accordance with criteria established by the locality.
D. The ordinance may establish civil penalties for violations of the ordinance. A locality shall first issue a warning to a generator that violates the ordinance. After receiving a warning, a generator who subsequently violates the ordinance is subject to a civil penalty to be collected in a civil action brought by the locality. The civil penalty is $250 for a second violation, $500 for a third violation, and $1,000 for a fourth or subsequent violation. Each day a violation occurs is a separate violation. Penalties collected under the ordinance shall be payable to the treasury of the locality.
§22.1-141.3. Waste disposal infrastructure.
A. For purposes of this section:
"Organic waste" means the same as that term is defined in §15.2-937.1.
"Waste disposal infrastructure" means a physical waste disposal line located near the cafeteria that allows a student to efficiently and properly dispose of organic waste at the end of a meal.
B. It is the intent of the General Assembly that new public school buildings and facilities and improvements and renovations to existing public school buildings and facilities include waste disposal infrastructure that includes a place for the disposal of trash, recyclables, and food scraps and a sink for liquid waste.
