Questions in Search of Answers

 

Here are 20 questions regarding the Solid Waste Authority's (SWA) proposed transition plan, drawn directly from the financial, legal, and operational details in the sources:

Financial and Fee Structure Questions

1. Has the West Virginia Public Service Commission (PSC) officially mandated the $4,500 monthly escrow deposit, and if so, how much of the proposed $310 Green Box fee is dedicated solely to that future buyout rather than current operations?
2. Why was a 15-year lease chosen over a 40-year lease (Option 2), which would have significantly lowered the monthly payment to $10,986 instead of $16,759?
3. Exactly how much would the individual residential fee decrease from the projected $310 if the SWA successfully expands the tax base by charging fees to 4,671 unimproved lots and 1,738 farms that currently pay nothing?
4. How does the SWA plan to justify charging a waste disposal fee to a deeded field or woodlot that produces zero solid waste, and is there a formal "opt-out" process for these landowners?
5. Since the County Commission has not yet finalized a promised subsidy, what is the exact plan for seniors and fixed-income residents who cannot afford a fee that jumps from $135 to $310 or more?
6. Will large public entities like the NRAO, State Parks, and the National Forest pay their fair share of the $201,108 annual lease, or will that burden fall disproportionately on local residents?
7. What is the SWA’s backup plan if residents simply refuse to pay a tripled fee and the magistrate court system becomes overwhelmed with non-payment cases?
8. Why is the board jumping straight to a maximum fee hike when Jacob Meck, the contractor for Option 4, suggested a gradual or partial raise is possible?

Questions on the $300,000+ Unrestricted Cash Reserves 

 9. Why is the SWA pushing to triple residential fees immediately when they hold between $300,000 and $357,680 in unrestricted cash reserves, which alone could cover the new $16,759 monthly lease for up to 18 months?

10. Since Allegheny Disposal is now providing the necessary equipment under the new lease-to-own structure, why can't the $328,149 originally earmarked by the SWA to purchase walking-floor trailers be used to offset the Green Box fee hikes for residents?

 11. Even if the SWA needs to hold back $100,000 for emergency maintenance (like $54,000 for sand filter repairs), why isn't the remaining $200,000 surplus being used to subsidize fees while a better long-term plan is negotiated?

Legal and Enforcement Questions 

12. How can the SWA legally eliminate the state-mandated "Free Day" on July 1, 2026, without a legislative amendment or DEP waiver, considering the landfill will technically remain open until December? 

13. If the SWA moves forward with cutting the Free Day and faces a "Cease and Desist" order or penalties from the DEP, how will the county afford to defend or pay for those violations? 

14. Who is funding the proposed "Litter Control Officer" position—the SWA budget or the County Commission—and will they have the authority to patrol private farms for unauthorized dumping? 

15. How will the SWA enforce the "Flow Control" ordinance to verify commercial haulers are not bypassing the county transfer station, and will there be mandatory GPS or manifest requirements for trucks?

 16. Does the SWA have the legal authority to block waste from leaving the county if a major federal entity like the Monongahela National Forest negotiates a private contract with an out-of-county hauler?

 17. How does the SWA plan to handle the anticipated surge in "mountain-sized" illegal dumps once the Free Day is eliminated and disposal fees more than double? 

18. How will the proposed "Litter Control Officer" enforce the $150 civil penalty for residents who fail to provide a receipt proving they properly disposed of their trash every 30 days? 

19. Does the "Option 4" agreement contain a default clause that could lead to a private company taking over county waste management entirely if the county fails to meet its financial obligations?

 20. How does a 130% fee increase comply with WV Code §24-2-2, which legally dictates that utility rates must be "just and reasonable" and cannot exceed what the service is reasonably worth?