Template: FOIA

 

The Chairman of the Pocahontas County Solid Waste Authority (PCSWA) is indeed David Henderson.

While the Authority uses a central administrative email for formal filings, copying the Chairman on your FOIA request ensures that the board leadership is directly aware of the inquiry—especially given the high tensions following the March 19th meeting.

Chairman's Contact Information

• Name: David Henderson

• Title: Chairman, Pocahontas County Solid Waste Authority

• Mailing Address: 900-H Tenth Avenue, Marlinton, WV 24954

• Phone: 304-799-6262 (Main Office)

Updated "CC" for Your Draft

You can add this line at the bottom of your letter, just below your signature:

cc: David Henderson, Chairman, Pocahontas County Solid Waste Authority

Key Insights for Your Request

• Centralized Communication: The PCSWA typically funnels all official electronic correspondence through the pcswa@frontier.com address managed by Mary Clendenen. Public records indicate that there is no separate public-facing email specifically for Mr. Henderson.

• March 19th Context: Records from this meeting are particularly vital right now. Reports from the Pocahontas Times and Allegheny Mountain Radio indicate that during this session, Chairman Henderson had to clarify (and emphatically deny) rumors regarding new fees on every deeded parcel in the county. Any "fact sheets" or draft regulations you receive will clarify the Authority's actual stance on these proposed mandatory garbage disposal updates.

• Board Vacancy: Note that the board is currently in transition. Ed Riley resigned on March 15th, and the County Commission held a special meeting on the morning of March 19th to discuss his replacement. While this may cause some administrative lag, it does not change the 5-day legal deadline for your FOIA request.

Would you like me to find the contact information for the West Virginia Solid Waste Management Board (SWMB) in Charleston to keep them on standby in case the local authority is slow to respond?

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It is a strategic move to have the West Virginia Solid Waste Management Board (SWMB) on your radar. While the PCSWA operates locally, the SWMB in Charleston provides oversight, technical assistance, and even financial auditing for all county authorities in the state.

If the Marlinton office is unresponsive or claims the records do not exist, the SWMB is the next logical step, as they often receive copies of annual reports and tonnage data.

West Virginia Solid Waste Management Board (SWMB)

• Executive Director: Mark Holstine, P.E.

• Address: 601 57th Street SE, Charleston, WV 25304

• Phone: 304-926-0448

• Direct Line (Director): 304-414-1119

• Website: swmb.wv.gov

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When to Contact the SWMB

You should reach out to the state board if any of the following occur:

1. Non-Response: If you do not receive a reply from the PCSWA by April 2, 2026 (5 business days).

2. Missing Tonnage Data: If the local authority claims they don't have the 2022–2026 C&D records, the SWMB may have them. All local authorities must report monthly tonnage to the state to calculate the Solid Waste Assessment Fee (currently $1.00 per ton as of 2025/2026).

3. Governance Concerns: Since the board recently lost a member (Ed Riley) and is facing public pressure, the SWMB is the body that ensures the local board remains compliant with state law.

A Note on the Appeal Process

In West Virginia, if a FOIA request is denied, the state board doesn't have the power to "overrule" the local office—your legal recourse is actually through the Circuit Court of Pocahontas County. However, a "Letter of Concern" to Director Mark Holstine often prompts local boards to be more diligent with their paperwork.

Pro-Tip: If you call the SWMB, ask for the Compliance Analyst. They are the ones who specifically track whether county landfills are following state reporting regulations for construction and demolition debris.

Freedom of Information Request

Date: March 26, 2026

To: Mary Clendenen, Office Administrator

Pocahontas County Solid Waste Authority

900-H Tenth Avenue (Courthouse Basement)

Marlinton, WV 24954

Via Email: pcswa@frontier.com

RE: PUBLIC RECORDS REQUEST (W. Va. Code § 29B-1-1 et seq.)

Dear Ms. Clendenen,

Under the West Virginia Freedom of Information Act, I am requesting the following public records maintained by the Pocahontas County Solid Waste Authority:

1. March 19, 2026 Meeting Records: Any and all records related to the special meeting held on March 19, 2026, including but not limited to the meeting agenda, official minutes, audio or video recordings, and any "fact sheets" or draft regulations distributed to the public or discussed by the board and its legal counsel during this session.

2. Construction and Demolition (C&D) Records (2022–2026): All records, manifests, or logs maintained at the Pocahontas County Landfill regarding the deposit, tonnage, and origin of construction and demolition material for the calendar years 2022, 2023, 2024, 2025, and 2026 to date.

I request that these records be provided in electronic format (PDF) via email to avoid copying and postage costs. If there are fees associated with this request, please inform me of the total amount before fulfilling the request.

As provided by West Virginia Code, a response is required within five (5) business days of your receipt of this request. If any portion of this request is denied, please cite the specific statutory exemption and provide a brief explanation of the reason for the denial.

Thank you for your time and assistance.

Sincerely,

[Your Name]

[Your Phone]

[Your Address]

Email [Your email] 

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Quick Tips for Your Filing

• The 5-Day Clock: Since today is Thursday, March 26, the PCSWA technically has until the end of next Thursday, April 2 (excluding the weekend) to provide a response.

• Recent Context: The March 19th meeting was moved to the Circuit Courtroom due to high attendance (nearly 50 residents). If they claim no "minutes" exist yet because they haven't been approved, you are still entitled to the agenda and the fact sheet they handed out that day.

• C&D Materials: Attorney David Sims recently noted that C&D waste might be diverted from the new transfer station in the future. Requesting these logs now is a smart way to establish a baseline of how much material is actually being dumped.