Could Sorrento bury a resident’s trash on private land for free?

Plain-English summary

Sorrento considered digging a hole on private property, at the owner’s request, to bury trash and debris. The AG said state law gave municipalities authority over garbage and trash collection and disposal, and the town’s ordinances provided for paid service and required a permit before burial. It concluded the town could regulate burial under those ordinances, but could not provide the service for free. It had to charge or receive a benefit commensurate with its cost. The AG also recommended contacting the Department of Environmental Quality before burying solid waste to ensure compliance with disposal rules.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could Sorrento bury a property owner’s trash without charge?
No. The opinion said the town had to charge for the service or receive a commensurate benefit.

Did the town’s ordinances allow unrestricted trash burial?
No. The opinion identified an ordinance requiring a permit before trash or refuse could be buried.

Did the AG address environmental approval?
It recommended contacting the Department of Environmental Quality before burying solid waste to ensure applicable disposal requirements were met.

Background and statutory framework

The AG cited La. R. S. 33:4169.1 for municipal authority over collection and disposal. It identified Sorrento’s Chapter 14 ordinances for paid garbage service, additional charges for bulky items, and permits before burial.

Citations and references

• The cited provisions, cases, and prior opinions appear in the original text below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0075

Original opinion text

DEPARTMENT OF JUSTICE
One American Place
301 Ma~n Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
RICHARD P. IEYOUB
FAX (225/ 342-2090
70804-9005
ATTORNEY GENERAL

MAR i~ ZOOZ
Opinion Number 02-0075

71 Municipalities
La. R. S. 33:4169.1
Honorable Camile Trabeau
Town of Sorrento may regulate the collection
Mayor, Town of Sorrento
and disposal of garbage and trash at a cost to
P.O. Box 65
those receiving the service.
Sorrento, LA 70778

Dear Mayor Trabeau:

We received your request for an opinion on behalf of the Town of Sorrento regarding the disposal of solid waste. As indicated in your request, the Town is considering digging a hole on private property, at the request of the property owner, to bury trash and debris. The Town questions if it may do so gratuitously or if not, for a reasonable fee.

La. R.S. 33:4169.1 grants authority to municipalities over the regulation, collection, and disposal of garbage and trash. The Town of Sorrento’s ordinances, specifically Chapter 14, Solid Waste Disposal, mandate that it provide garbage collection service at a charge established by the board. Section 14.2 provides that bulky items, i.e. household appliances and furniture, may be picked up at an additional charge. Section 14.3 prohibits trash, garbage or other refuse from being buried without a permit.

Thus, it is quite clear from the above that the Town of Sorrento has authority to regulate the collection and disposal of garbage and trash. It is further clear that the Town of Sorrento provides the service of garbage collection and disposal at a cost to those receiving the service. It is therefore our opinion that the Town of Sorrento may regulate the collection of garbage and trash, i.e., bury it, as provided for in the local ordinances cited herein. This service, however, may not be done gratuitously; rather, the Town must charge for the service or receive a benefit that is commensurate with its costs.

Further, we recommend that you contact the Department of Environmental Quality before burying any solid waste to insure that all regulations and requirements for such disposal are met and approved by the Department. The number is (225) 765-0236.

Page 2

Opinion Number 02-0075
Honorable Camile Trabeau
Mayor, Town of Sorrento
Page -2-

We trust that this adequately responds to your request. If you have any questions or
comments, please do not hesitate to contact our office.

With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI/TVG/dam