31-4403. OPERATION AND MAINTENANCE. 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:

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

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

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

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

(5) Any combination of subsections (1), (2), (3) and (4) of this section;

(6) 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 and/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, provided for under subsection (2) of this section, or any contract, franchise or otherwise, awarded under subsection (4) of this section, with or without compulsory competitive bidding;

(7) 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.]