What Can We Do?

 

A formal investigation by the West Virginia Public Service Commission (PSC) serves as a critical "check and balance" against the local Solid Waste Authority (SWA) and can help residents in several highly impactful ways:

• Suspending and Slashing Fee Increases: The PSC has the authority to suspend the proposed fee hike for up to 120 days to conduct its investigation. Under West Virginia law (WV Code §24-2-2), all rates must be "just and reasonable" and based on actual costs. Therefore, the PSC has the power to slash or entirely reject the SWA's proposed 130% rate increase (jumping from $135 to $310 or more) if they determine it is an "undue burden" on the community or costs more than the service is reasonably worth.
• Forcing Financial Transparency: An investigation would force state commissioners to scrutinize the SWA's finances. This allows residents to formally argue that the SWA's $300,000 to $357,000 in unrestricted cash reserves should be used to subsidize the transition costs rather than immediately tripling fees on vulnerable citizens.
• Restoring the "Free Day": If the SWA eliminates the state-mandated monthly "Free Day" on July 1, 2026, while the landfill is still actively operating, the PSC (along with the Department of Environmental Protection) can order the service to be officially restored, as its elimination violates WV Code §22-15-7.
• Mandating Local Public Hearings: An investigation can trigger mandatory field hearings right in Pocahontas County (such as in Marlinton). This ensures that state commissioners hear directly from affected residents and review local evidence, giving citizens a powerful second chance to fight the fees at the state level.