For the Grand Jury Investigation

 

• Evasion of Competitive Bidding Laws: The Pocahontas County Solid Waste Authority (SWA) allegedly bypassed mandatory state procurement laws (W.Va. Code §20-14-10 and §5-22-1) by approving a 15-year, $4.12 million lease-to-own agreement with Allegheny Disposal without soliciting competitive bids.
• Unconstitutional Waste Export Ban: Section 10(e) of the SWA's proposed regulations explicitly prohibits taking municipal solid waste out of the county, which is a facial violation of the Dormant Commerce Clause and conflicts with the state’s statutory commitment to the "free flow" of solid waste.
• Illegal Implementation of "Flow Control": The SWA proposed mandating that all county waste be processed through a single, privately operated transfer station, effectively creating a private monopoly. This act usurps the exclusive jurisdiction of the West Virginia Public Service Commission (PSC), which is the only body legally authorized to mandate flow control.
• Unauthorized Escalation of Civil Penalties: The SWA drafted regulations to impose a $150 per day civil penalty for waste violations, directly violating West Virginia Code §22C-4-10(a), which explicitly limits this penalty to $150 per year.
• Attempted Illegal Fee Assessment on Vacant Land: The SWA's attorney proposed charging mandatory "Green Box" waste fees to owners of vacant, unimproved land, violating state law (§22C-4-10) which strictly applies disposal mandates to persons "occupying a residence or operating a business establishment".
• Prohibited Integration of Fees into Property Taxes: The SWA explored merging solid waste fees into the county's ad valorem property tax bill to force collection, a practice strictly prohibited under West Virginia tax code.
• Open Meetings and Transparency Violations: The SWA held an exclusionary executive session on December 17 where they allowed private contractors (Jacob and Malinda Meck) to attend while explicitly barring public officials, including the County Commission President and the Marlinton Mayor. Additionally, the board restricted a public hearing to strictly discuss fees, refusing to allow citizens to comment on the underlying contracts.
• Operating with Expired Oaths and Statutory Vacancies: The SWA board conducted binding votes while operating with board vacancies that exceeded the 60-day legal limit to be filled (§22C-4-3), and SWA Chairman Dave Henderson allegedly served and voted under an oath of office that expired in 2015.
• Illegal Dumping, Burying, and Burning: The SWA's updated regulations, mirroring state law (§22-15-10), highlight that creating "open dumps," burning trash, or burying municipal solid waste on private property without a Class D permit is illegal.
• Illegal Venting of Refrigerants: West Virginia DEP and federal EPA rules make it illegal to crush or landfill "white goods" (appliances like refrigerators) without a certified technician officially evacuating the Freon/refrigerants.