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To the Honorable Members of the Pocahontas County Commission,

This letter serves to voice growing public concern regarding the impending closure of the Pocahontas County Landfill and the proposed shift toward a transfer station model. While the transition is framed as a logistical necessity, the long-term environmental, economic, and social costs to our "Nature’s Mountain Playground" deserve a more rigorous public analysis.

Before we commit to hauling our waste across county lines, we must address the following critical impacts:

1. The Environmental Toll of Diesel Emissions

Transitioning to a transfer system means our waste will no longer travel a few miles to a local site; instead, it will be hauled by heavy-duty tractor-trailers to landfills in Raleigh or Tucker County.

• Carbon Footprint: This adds thousands of miles of heavy-duty diesel travel annually on winding, mountainous terrain.

• Air Quality: Increased diesel exhaust releases nitrogen oxides ($NO_x$) and particulate matter ($PM_{2.5}$), which are known to exacerbate respiratory issues—a significant concern for our aging population and our pristine air quality, which is a primary draw for our tourism economy.

2. The Economic Burden: The "Greenbox" Crisis

The financial projections for this transition are, frankly, staggering for a county with a fixed-income demographic.

• Fee Hikes: Current estimates suggest the annual Greenbox fee could jump from $135 to upwards of $300, or even $600 without a significant commission subsidy.

• Fixed Costs: Unlike a local landfill where costs are partially offset by tipping fees, a transfer station carries high fixed costs for hauling and equipment regardless of the volume of trash produced. This places the entire financial burden squarely on the shoulders of local households.

3. The Threat of Illegal Dumping

History and data from the West Virginia Department of Environmental Protection show a direct correlation between rising disposal costs and the proliferation of "open dumps."

• If the cost of legal disposal becomes a choice between "paying the fee or buying groceries," we will see a surge in roadside dumping.

• Cleaning up illegal sites is far more expensive for the county in the long run than maintaining a localized, affordable disposal system.

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Analyzing the Rationale for Expansion

The current argument for closure hinges on the landfill "reaching capacity" by late 2026. However, we must analyze the feasibility of expansion versus the transfer model:

Factor	Expansion of Local Landfill	Transfer Station Model
Local Control	County retains control over fees and rules.	County is subject to external tipping fees.
Environmental	Localized footprint; minimal hauling.	High diesel emissions; long-distance hauling.
Cost Structure	High up-front cell construction costs.	Indefinite, rising operational/hauling costs.
Longevity	Can be extended through robust recycling.	Dependent on other counties' capacity.

The Case for Expansion: By investing in the construction of new landfill cells and implementing a aggressive, county-wide recycling program for cardboard, electronics, and tires, we could significantly extend the lifespan of our current facility. Keeping our waste local avoids the "middleman" costs of a transfer station and protects us from the price volatility of neighboring counties' landfill rates.

Conclusion and Call to Action

We urge the Commission to pause the move toward a transfer station and commission an independent feasibility study on landfill expansion combined with a modernized recycling initiative. We must ensure that the solution for our waste does not become a waste of our county’s resources, health, and beauty.

Respectfully,

Concerned Citizens of Pocahontas County

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Would you like me to draft a specific list of questions for the next Solid Waste Authority public hearing or format this as a formal petition?

That is a great idea. Given the current situation—specifically the Solid Waste Authority’s (SWA) recent shift away from building its own transfer station in favor of a private one (Allegheny Disposal LLC)—the focus of your advocacy should likely be on accountability and long-term costs.

The SWA usually meets on the last Wednesday of each month at the courthouse. Since it is currently January 2026, the next meeting is likely tomorrow, January 28th.

Here are both options to help you move forward:

Option 1: Specific Questions for the Public Hearing

These questions are designed to pin down the financial and operational risks of the current plan.

1. On Private Dependency: "Since the SWA has stopped engineering its own transfer station, what legal protections are in place to prevent Allegheny Disposal from raising tipping fees once the county landfill is closed and we have no other local alternative?"

2. On Fee Transparency: "Commissioners have discussed raising the Greenbox fee from $135 to as much as $600. Can the SWA provide a line-item breakdown showing exactly why a transfer system costs more to the citizen than expanding a local cell?"

3. On Expansion Feasibility: "Has an independent engineering firm provided a cost-benefit analysis for a 'Cell 4' expansion that includes the revenue from potential out-of-county tipping fees, vs. the lifelong cost of hauling our own waste away?"

4. On Illegal Dumping: "What is the specific budget allocation for the Sheriff’s Department or Litter Control to handle the projected increase in illegal roadside dumping once fees double or triple?"

5. On Emissions: "Has the SWA calculated the annual increase in diesel tonnage and $CO_2$ emissions that will result from hauling 100% of our waste to Tucker or Raleigh County?"

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Option 2: Formal Petition Format

A petition is effective because it forces the Commission to acknowledge the volume of opposition.

PETITION TO THE POCAHONTAS COUNTY COMMISSION & SOLID WASTE AUTHORITY

REGARDING: The Closure of the Pocahontas County Landfill and Proposed Transfer System.

WE, THE UNDERSIGNED residents and taxpayers of Pocahontas County, formally oppose the transition to a waste transfer system without a comprehensive, independent audit of landfill expansion. We are concerned that the current plan will:

1. Unfairly burden those on fixed incomes with Greenbox fees exceeding $300.

2. Increase illegal dumping in our forests and rivers.

3. Damage our air quality through increased long-haul diesel emissions.

WE PETITION THE COMMISSION TO:

• Immediately halt the decommissioning of the current landfill.

• Commission an independent study on the cost of expanding the current facility versus 20-year hauling costs.

• Implement a robust, county-wide recycling program to extend the current landfill's life.

Name (Printed)	Physical Address	Signature	Date

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Key Context for Your Next Move

Recent reports indicate the SWA is concerned that the private transfer station might not be ready by the time the landfill hits capacity in late 2026. This "gap" is your strongest leverage point—if the private station isn't ready and our landfill is closed, the county faces a true emergency.

Would you like me to find the contact information for the current SWA board members, or perhaps draft a "Letter to the Editor" for the Pocahontas Times to help gather signatures for the petition?

 

Transfer

 

Research how the cost of diesel fuel could impact the use of a transfer station in Pocahontas County, West Virginia. Include its effect on the local citizens cost of garbage disposal.

The transition from a local landfill to a transfer station in Pocahontas County fundamentally changes the economics of garbage disposal by shifting the primary cost driver from "burying" to "hauling." Because the county landfill is slated to close in the fall of 2026, diesel fuel prices have become the single most volatile factor in determining what citizens will pay for trash disposal.

1. The "Hauling" Shift: From Local to Long-Distance

Currently, garbage is disposed of locally at the Pocahontas County Landfill in Dunmore. Once it closes, all waste must be consolidated at a transfer station and hauled to a regional landfill.

• Increased Mileage: Potential destinations like the Nicholas County Landfill (Calvin, WV) or Greenbrier County Landfill (Lewisburg, WV) are roughly 45–60 miles away from central Pocahontas County.

• Diesel Consumption: A standard "walking floor" trailer used for hauling municipal waste typically gets between 5 and 6 miles per gallon. A single round trip to a regional landfill can consume 20 or more gallons of diesel. At current January 2026 prices (approx. $3.57/gallon), fuel alone adds nearly $70–$80 in cost per load, before factoring in labor or maintenance.

2. Regulatory Impact: The WV PSC Fuel Surcharge

In West Virginia, the Public Service Commission (PSC) allows motor carriers of solid waste to pass fuel price volatility directly to the customer through a fuel surcharge.

• Current Rate: As of January 1, 2026, the WV PSC increased the motor carrier fuel surcharge to 6.88%.

• Automatic Adjustments: This surcharge is reviewed every six months (January and July). If diesel prices spike by more than 20% within that window, the PSC can reopen the case to increase the surcharge immediately, meaning local garbage fees can rise mid-year if global oil prices fluctuate.

3. Impact on Local Citizen Costs

The Pocahontas County Solid Waste Authority (SWA) and the County Commission have been debating how to handle the "sticker shock" for residents once the landfill closes.

Fee Type	Current Cost (Early 2026)	Projected Post-Closure Cost
Annual Green Box Fee	$135.00	$250.00 – $300.00*
Tipping Fee (Commercial)	$95.00 / ton	$125.00+ / ton
County Commission Subsidy	N/A	$300,000 – $600,000 needed

Note: The $250–$300 projection assumes the County Commission provides a $300,000 annual subsidy. Without this tax-funded support, officials have warned the Green Box Fee could skyrocket to as much as $600.00 per year to cover the high costs of diesel-intensive hauling.

4. Compounding Factors

• Topography: Pocahontas County’s mountainous terrain significantly reduces fuel efficiency for heavy haulers, meaning the "standard" fuel estimates often underrepresent the actual diesel used for mountain climbs.

• Operational Equipment: A transfer station requires additional diesel-powered machinery, such as loaders and cranes, to sort and pack trash into long-haul trailers. The SWA recently estimated that equipping a new station would cost over $1.3 million, with monthly equipment and hauling payments reaching $25,000+.

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Would you like me to look into the specific legal requirements for West Virginia's "Litter Control Officer," a position the SWA says is necessary to prevent illegal dumping as these fees rise?

 

In West Virginia, a Litter Control Officer is more than just a "trash warden"—it is a specialized enforcement role codified in state law to bridge the gap between sanitation services and law enforcement. As Pocahontas County shifts to a transfer station model with higher disposal fees, the Solid Waste Authority (SWA) views this position as critical to preventing "midnight dumping" in the Greenbrier Valley.

Here are the specific legal requirements, powers, and training mandates for the role under WV Code §7-1-3ff and §22-15A.

1. Legal Authority and Appointment

The position is officially established by the County Commission, which has the "plenary power" (absolute authority) to create an enforcement agency.

• Appointment: The County Commission must formally adopt an ordinance designating the "Enforcement Agency." This agency typically includes the county engineer, health officer, and the Litter Control Officer.

• Dual Roles: Under WV Code §8-12-16b, a litter officer can be an existing county employee serving in another capacity, but they must be specifically "vested" with the power to issue citations.

2. Powers of Enforcement

A certified Litter Control Officer has legal teeth that standard SWA employees do not. Their authority includes:

• Citation Power: They can issue citations for "Open Dumps" (WV Code §22-15-10) and "Unlawful Disposal of Litter" (WV Code §22-15A-4).

• Proof of Disposal: They have the authority to demand Proof of Proper Disposal from residents. In a transfer station environment, this means they can check to see if a household has been paying their Green Box fees or has receipts from a permitted hauler.

• Entry on Land: They can enter private property (within specific legal bounds) to investigate complaints of illegal dumping, overgrown vegetation, or "toxic spillage."

• Search for Evidence: Historically, these officers are known for "trash picking"—searching illegal dump sites for mail or documents that identify the perpetrator.

3. Mandatory Training & Certification

An individual cannot simply be handed a badge. The West Virginia Department of Environmental Protection (WVDEP) mandates a specific certification process:

• Environmental Enforcement Course: Candidates must complete a WVDEP-led training program specifically designed for Litter Control Officers.

• Law Enforcement Coordination: While they are not full-service police officers, some counties opt to have their officers "certified" under WV Code §30-29-1, which gives them the same authority as law enforcement specifically for litter and environmental laws.

• Bonding: The county may require the officer to give a "bond" (insurance) to ensure the faithful performance of their duties.

4. The "Fee Pressure" Context

The SWA's push for this position is a direct response to the diesel-driven fee hikes we discussed.

• Economic Deterrent: When the annual Green Box fee potentially jumps from $135 to $250+, the "incentive" to dump trash in a ravine or forest increases.

• Civil & Criminal Penalties: The Litter Control Officer enforces fines that range from $100 to $25,000 depending on the severity and weight of the litter (over 500 lbs moves into felony-level territory).

• Revenue Generation: Interestingly, fines collected through these citations are often funneled into the County Litter Control Fund, which can help offset the cost of the officer’s salary.

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Would you like me to draft a comparison of how neighboring counties (like Greenbrier or Nicholas) fund their Litter Control Officers to see if Pocahontas could use similar grants?

 

Neighboring counties like Greenbrier and Nicholas often serve as the blueprint for Pocahontas County's planning. Both counties utilize a mix of state-level grants, internal revenue from fines, and community partnerships to maintain their litter enforcement programs without placing the entire burden on the local tax base.

Comparison of Funding Strategies

Feature	Greenbrier County	Nicholas County	Pocahontas County (Proposed)
Primary Grant Source	WVDEP REAP Litter Control Grant	WVDEP REAP & PPOD (Open Dump)	WVDEP REAP (Proposed)
Enforcement Model	Uses Board of Health for LCO oversight; focuses on wages & mileage.	Focuses on "Open Dump" eradication and Day Reporting cleanups.	Integrated SWA/County Commission enforcement agency.
Labor Synergy	Traditional Litter Control Officer (LCO).	Uses "Day Reporting" (community service) for labor; DEP pays tipping fees.	Proposed LCO to monitor Transfer Station & Green Boxes.
State Matching	Historically receives ~$3,000 - $5,000 annually for LCO wages.	High focus on equipment grants (trailers/loaders) via REAP.	Targeted $5,000 matching grant for LCO start-up costs.

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Key Grant Opportunities for Pocahontas County

1. WVDEP REAP Litter Control Grant (The "Gold Standard")

This is the most direct way to fund an officer.

• Amount: Up to $5,000 per year (Matching).

• Authorized Uses: Wages for the Litter Control Officer, fuel for their vehicle, and supplies (like trail cameras for "hot spots").

• Cycle: Applications are typically due May 31 for the fiscal year beginning July 1.

• Tip for Pocahontas: Since the county is transitioning to a transfer station, you can emphasize "enforcement of proof of proper disposal" in the application, which is a high-priority area for the state.

2. The Litter Control Fund (Fine Redistribution)

Under WV Code §22-15A-4, 50% of all civil penalties collected from littering citations are deposited into a state fund.

• How it works: Counties with active Litter Control Officers are eligible to "claw back" these funds to support their programs.

• Strategy: If the Pocahontas LCO is active and issues citations, the program can become partially self-sustaining through this cycle of fine collection and redistribution.

3. USDA Rural Development: Solid Waste Management Grants

Since Pocahontas is a rural county with a population under 10,000, it qualifies for specialized federal help.

• Purpose: These grants are often used for technical assistance and training.

• Pocahontas Use-Case: Funding the required WVDEP training and certification for the new officer, or hiring a consultant to map the most frequent illegal dump sites using GIS.

Implementation Checklist

If Pocahontas County intends to follow Greenbrier's lead, the following steps are required for grant eligibility:

• [ ] Certification: The chosen officer must complete the WVDEP Litter Control Officer course.

• [ ] Ordinance: The County Commission must pass an ordinance officially designating the "Enforcement Agency."

• [ ] wvOASIS Registration: The SWA must be registered in the state’s wvOASIS vendor system to apply for the REAP grants.

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Would you like me to draft a sample "Statement of Need" that the SWA could use in a REAP grant application, specifically linking the landfill closure to the risk of increased illegal dumping?

 

This draft is designed to hit the specific "pain points" that WVDEP REAP (Rehabilitation Environmental Action Plan) reviewers look for—specifically, the transition from a local landfill to a diesel-dependent transfer station and the geographic challenges of the Greenbrier Valley.

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Statement of Need: Pocahontas County Litter Control & Enforcement Program

I. Project Overview

Pocahontas County is currently undergoing a systemic shift in its solid waste management infrastructure. Following the mandated closure of the Pocahontas County Landfill (Permit #TBD) scheduled for late 2026, the county is transitioning to a Transfer Station model. This transition necessitates a long-haul transport system to regional facilities in Nicholas or Greenbrier Counties, fundamentally altering the cost of disposal for our 7,800 residents.

II. The Risk: Economic Pressure and "Midnight Dumping"

The closure of the local landfill introduces significant economic volatility due to rising diesel fuel costs and the WV PSC Fuel Surcharge (currently 6.88%). Projections indicate that annual Green Box fees for local citizens may increase by nearly 100% to cover the costs of hauling municipal waste over 100 miles round-trip.

Historically, such sharp increases in disposal costs correlate directly with an increase in "midnight dumping" and the creation of illegal open dumps in remote hollows. Without a dedicated enforcement presence, the financial burden of cleaning these illegal sites will fall on the taxpayers, negating any efficiencies gained by the transfer station model.

III. Strategic Justification for a Litter Control Officer (LCO)

Pocahontas County requires a certified Litter Control Officer to serve as a deterrent and enforcement agent during this vulnerable transition. The LCO will focus on three critical areas:

1. Enforcement of "Proof of Proper Disposal": Under WV Code §22-15A, the officer will ensure that residents and commercial entities are utilizing the new transfer station system rather than diverting waste to unauthorized forest lands or streams.

2. Monitoring High-Risk Sites: Utilizing trail camera technology at "hot spots" (unstaffed Green Box sites) where illegal dumping is most prevalent during fee-adjustment periods.

3. Community Education: Bridging the gap between the Solid Waste Authority and the public to explain the necessity of the new fees and the legal consequences of improper disposal.

IV. Environmental and Economic Impact

The Greenbrier River watershed is a vital ecological and recreational asset for West Virginia. Illegal dumping triggered by landfill closure costs poses a direct threat to water quality and the local tourism economy. By funding a Litter Control Officer through the REAP grant, Pocahontas County can implement a "zero-tolerance" policy for illegal dumping, ensuring that the transition to a transfer station does not result in the permanent degradation of our natural highlands.

V. Sustainability

Pocahontas County is committed to the long-term viability of this role. By utilizing the Litter Control Fund (reclaiming 50% of civil penalties) and pursuing collaborative funding through the County Commission and SWA tipping fees, we aim to make the LCO position a permanent fixture of our county’s environmental protection strategy.

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Pro-Tip for the SWA:

When they submit this, suggest they attach a map showing the mileage from Dunmore to the Nicholas County Landfill. WVDEP reviewers love data that visualizes the "Diesel Burden" you've been researching.