36-80-22. Definitions; restrictions; requirements.

As used in this Code section, the term:#

1. (1)

   “Agreement” means any written private contract for solid waste collection services between a firm and any commercial client.#

2. (2)

   “Commercial client” means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services.#

3. (3)

   “Displacement” means the displacing of any firm’s agreement by annexation, deannexation, or incorporation of a municipality.#

4. (4)

   “Firm” means a private solid waste collection firm.#

5. (5)

   “Governmental action” means the invalidation of any firm’s existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government.#

6. (6)

   “Local government” means a county, municipal corporation, or any county-municipal consolidated government.#

Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement.#

A firm’s agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm.#

Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client.#