Q May a county require industrial, commercial and multifamily generators to use the county’s contractor for their garbage collection?

A No. Section 19-5-21(2) allows industrial, commercial and multifamily residential generators to contract for garbage collection and disposal, and that the county is not permitted to assess and collect fees from those generators. This provision applies only to a county using fees to support its garbage collection system, and not to a tax-supported garbage collection system. (Attorney General’s Opinion to Brown dated October 9, 2009)