Hundreds of Cherokee County residents recently received a letter instructing them to sign-up for mandatory garbage pickup, or face penalties for failure to do so. The question I am getting is, of course, “can the county force me to pay for garbage pickup?”

Yes, with a couple of exceptions.

Under Alabama Code Section 22-27-3, the Cherokee County Commission is authorized to make available to the general public garbage collection services. The law allows the Commission to provide collection services by contracting with a private agency that provides house-to-house service. In Cherokee County's case, the contract is with to provide these services is with a company called Waste Away Group, Inc. The law goes on to note that when a county chooses to make garbage pickup available, it has the power and authority to adopt rules and regulations regarding mandatory participation.

In the early 1990s, the County Commission voted to adopt this mandatory garbage pickup law. The law and corresponding resolutions by the Commission require that every person, household, business, industry, or property generating garbage “shall participate in and subscribe to garbage pickup services” through the company contracted with by the county.

There are, however, exceptions to the rule. For one, the mandatory garbage collection law does not apply within the corporate limits of a municipality without the consent of the municipality. Additionally, any household whose sole source of income is Social Security is granted an exemption from the payment of any required fees. The household seeking to claim the exemption must present proof of income to the county health officer no later than the first billing date of any year in which the exemption is desired.

Further, the state Legislature may, by local law, authorize the County Commission to grant additional exemptions to households whose total income does not exceed 75 percent of the federal poverty level.

There is also a “vacation residence” exception in Cherokee County's contract with Waste Away Group, Inc. Under this exception, “due to the transient or vacation residences which are in the County,” garbage pickup, along with the associated fees, can be suspended for not less than one month and not longer than nine months in any given year.

A request for this “reduction of service” must be made in writing and must be mailed or faxed to Waste Away Group, Inc. at its office in Cherokee County.

Finally, the law provides for a “general exception” in which a person, household, business, industry, or any property owner may store, haul, and dispose of his or her own garbage provided that such storage, hauling, or disposal is accomplished pursuant to a “certificate of exception.”

I'll talk more about the specifics of the certificate of exception next week.