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<br />~(1 <br /> <br />."j <br /> <br />K. The adoption of an ordinance to require the disposal of solid waste collected or <br />generated within the City at facilities designated by it is in the best interests of its citizens, and is <br />necessary to the provision of an essential public service; <br /> <br />L. The power of the City to adopt this ordinance/resolution is granted by Va. Code <br />S 15.2-931 and also as an express or necessarily implied power under the Virginia Water and <br />Waste Authorities Act, Va. Code S 15.2-5100 et seq., specifically S 15.2-5147; <br /> <br />M. The City, relying on and exercising the powers thus granted unto it, and also granted <br />by predecessor statutes, to contract for disposal of, and to designate in its discretion disposal <br />facilities for, all of the solid waste generated or collected by or within the jurisdiction of the City <br />or under the control of the City, entered into its contract with SPSA for long-term disposal <br />services, creating contractual obligations that under Virginia law cannot be impaired by <br />subsequent action of the General Assembly; and The City affirms and reserves its power under <br />the Act to contract with SPSA for the disposal of solid waste, and to grant to SPSA the right to <br />dispose of all of the solid waste generated or collected by or within the jurisdiction of the City or <br />under the control of the City, and the express and/or necessarily implied power to adopt <br />ordinances necessary to give effect to such power to contract, without having to make specific <br />findings after a public hearing. <br /> <br />2. Amendment of City Code. That the Code of the City of Portsmouth, Virginia (2006) <br />be, and hereby is, amended and reordained as follows: there shall be added to Chapter 16 <br />("Garbage and Refuse") a new Article, designated Article IV ("Private Collection and Disposal <br />of Solid Waste") containing Sections 16-167 through 16-171 (both inclusive) to read as follows: <br /> <br />Section 16-167, Permit required for private solid waste collection. <br /> <br />No person shall operate a private solid waste collection business within the City without <br />first obtaining a permit from the Director of Public Works or his designee. <br /> <br />Section 16-168, Private solid waste to be disposed of only at publicly owned and operated <br />facilities, <br /> <br />A. All solid waste generated or collected within the City shall be disposed of only at the <br />facilities of the Southeastern Public Service Authority of Virginia or such other publicly owned <br />and operated facilities designated in writing by the Director of Public Works or his designee. <br /> <br />B. This section shall not apply to: <br />1. Solid waste generated, purchased or utilized by an entity engaged in the business of <br />manufacturing, mining, processing, refining or conversion except for an entity engaged in <br />the production of energy or solid waste-derived fuels for sale to a person other than any <br />entity controlling, controlled by or under the same control as the manufacturer, miner, <br />processor, refiner or converter. <br />