Q The county board of supervisors provides for the collection and disposal of residential garbage via contract, but a homeowners association has complained that the garbage trucks are damaging the private roads in their subdivision. Do Code Section 19-5-17 and related statutes contemplate the collection of garbage from generators residing on private roads, and do the owners of such private roads have the right to prohibit the contractor from traversing the private roads in connection with the contract?

A The jurisdiction of the county board of supervisors extends over public, not private roads (Sections 19-3-41, 65-7-57), so there is no authority for the county or its contractor for the collection of garbage to travel upon these private roads. However, Section 17-17-5 dictates that a county board of supervisors may include “house-to-house service or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable distance from the farthest affected household.” While the legislative intent was to allow counties to uniformly provide house-to-house pickup of garbage or bulk refuse receptacles, the statute on its face would not prohibit requiring the residents in question to carry their refuse to a drop-off location even though other residents of the county may have a pick-up service. (Attorney General’s Opinion to Miller, July 5, 2013)