§ 33:4169.1 — Municipal and parish authority over collection and disposal of garbage and trash;

Louisiana § 33:4169.1

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§4169.1. Municipal and parish authority over collection and disposal of garbage and trash;
franchising, permitting, and licensing; assessment and collection of service charge
A.(1) The governing authority of every parish or municipality shall have the
following powers:
(a) To engage in the collection and disposal of garbage and trash within its
jurisdiction in cooperation with, or to the exclusion of, other garbage and trash collectors.
(b) To grant permits, licenses, exclusive or nonexclusive franchises, or any
combination thereof to garbage and trash collectors and disposers. Any exclusive franchise
shall be granted only after advertising for bids, reception of bids, and awarding of the
contract or contracts in accordance with the public bid laws of the state and other provisions
of law.
(c) To grant exclusive contracts to garbage and trash collectors and disposers. Any
exclusive contract shall be granted only after issuing a request for proposals, or advertising
for bids and receiving bids, and awarding of the contract in accordance with the public bid
laws of the state and other provisions of law.
(d) To enter into time contracts for the collection and transportation of garbage or
trash for a term of up to ten years, and for disposal of garbage or trash for a term of up to
twenty-five years.
(e) To assess a service charge against any person provided any service pursuant to
Subparagraph (a) or (b) of this Paragraph. However, in the parishes of Lafourche, Vermilion,
Rapides, and Washington, such charge shall be imposed only after the question of its
imposition has been submitted to the qualified electors of the parish at an election to be
conducted in accordance with the general election laws of the state, and a majority of those
voting in the election shall have voted in favor of the imposition of the charge.
(f) To otherwise regulate the collection and disposal of garbage and trash.
(2) The term "exclusive contract" for purposes of this Subsection shall mean a
written agreement for the collection and disposal of residential garbage and trash throughout
the entirety of the territorial jurisdiction of the respective parish or municipality.
B.(1) The governing authority of any municipality or parish is authorized to execute
contracts with private water companies or water districts serving customers in the area served
by a garbage and trash collection and disposal service pursuant to Subsection A.
(2) Such contracts may contain such terms and privileges as may be agreed upon
between the parties, pursuant to which charges imposed for such garbage and trash collection
and disposal service may be collected by water companies or water districts, and providing
a procedure to enforce collection by an agreement to shut off or terminate the service of the
supply of water, hereinafter referred to as "utility service", to any premises delinquent in the
payment of either its utility charges or garbage and trash collection and disposal service
charges; however, such procedure shall provide for prior notice by certified mail to any
person who fails to pay such service charges that said person's utility service may be shut off
or terminated, and not less than thirty days after provision of such notice and only after said
person's subsequent refusal to pay such service charges within said thirty days, the utility
service may be shut off or terminated.
(3) Any such contract shall not require the approval of any state department, agency,
or commission.
(4) A private water company or water district contracting with a governing authority
pursuant to this Subsection may require the governing authority to supply such indemnity
bond or liability insurance as the private water company or water district may consider
necessary for its protection.
C. The governing authority of any municipality or parish may provide by ordinance
for the filing into the public records of notice of nonpayment of a service charge for garbage
and trash collection and disposal services. The notice of nonpayment shall constitute a
privilege upon the property of such person and shall be prior in rank to mortgages, vendor's
privileges, and all other privileges except tax privileges. The ordinance shall provide for
prior notice by certified mail to any person who fails to pay such service charges that a
privilege may be filed upon such person's property upon failure to pay the cost for collection
and disposal services; and not less than thirty days after provision of said notice to such
person and only after said person's subsequent refusal to pay such service charge within said
thirty days, the notice of nonpayment may be filed in the mortgage records of the parish in
which the property is located.
D. The governing authority of any municipality or parish is authorized to carry out
the provisions of this Section as acts of government on behalf of the state of Louisiana as
sovereign, and, to the extent the governing authorities deem necessary or appropriate, are
further authorized to displace competition and provide a monopoly public service.
E. The powers granted herein to parish governing authorities may be transferred by
such authorities to special garbage districts created under R.S. 33:8001 et seq.
F. Repealed by Acts 2001, No. 524, §2.
G. The power to permit or regulate solid waste collection, transportation, processing,
recovery, and disposal, granted herein to parish and municipal governing authorities, shall
not preempt regulatory and licensing authority of the secretary of the Department of
Environmental Quality, pursuant to R.S. 30:2001, et seq.
H. No parish or municipal governing authority or special garbage district shall
require incineration of recyclable materials, which are considered to be those materials
source separated by any person or those materials separated from solid waste by any licensed
solid waste collector incidental to collection of such waste for utilization as a raw material
to be manufactured into a new product.

Legislative History

Acts 1982, No. 795, §1. Amended by Acts 1984, No. 912, §1, eff. July 20, 1984; Acts 1985, No. 1014, §1; Acts 1986, No. 714, §1; Acts 2001, No. 524, §2; Acts 2012, No. 811, §10, eff. July 1, 2012; Acts 2024, No. 707, §1.