Dumping (AI)

 

 

Regulatory Compliance Assessment: Pocahontas County Landfill Reclassification and Closure Framework (2023–2026)

1. Scope of Assessment and Strategic Objectives

The Pocahontas County Solid Waste Authority (SWA) is currently executing a strategic divestment of active disposal operations at the Pocahontas County Landfill (Facility 9), transitioning toward a logistics-based transfer station model. This compliance assessment is critical for navigating the operational lifecycle of a Class D disposal footprint as it approaches terminal capacity. The objective is to evaluate the administrative and engineering frameworks utilized to maintain statutory continuity and regulatory standing with the West Virginia Department of Environmental Protection (WV DEP) and the Solid Waste Management Board (SWMB) during the facility’s final years of operation.

The methodology of this assessment prioritizes the "Local Workaround"—an administrative reclassification of specific residential waste streams—and the rigorous groundwater protection protocols necessitated by the region’s sensitive hydrogeology. By synthesizing operational intake data, state audit results, and post-closure liability frameworks, this report provides a professional determination of the SWA’s adherence to West Virginia solid waste statutes. This assessment begins with an analysis of the baseline permitting and capacity metrics that have governed Facility 9’s operations through the 2023–2024 period.

2. Regulatory Baseline: Permitting and Operational Metrics

Under the Solid Waste Management Act of 1984, meticulous capacity management is the primary pillar of regulatory compliance. For rural facilities, maintaining a clear record of tonnage is essential to demonstrate that the facility is not being utilized for unpermitted regional waste importation, which would violate the integrity of the state’s solid waste management plan.

The following table details the facility’s operational health and utilization relative to its legal thresholds:

Permitted Capacity vs. Operational Utilization (2023–2024)

Metric Specification	Value / Status
Facility Designation	Pocahontas County Landfill (Facility 9)
Maximum Monthly Threshold	1,400 Tons
Average Monthly Intake	673 Tons
Percentage Utilized	48.07%
Tipping Fee Structure	$95.00 per Ton (Includes $8.75 SW Tax)

The "So What?" layer of these metrics provides a robust legal defense for the SWA. While the specific construction and demolition (C&D) cell reached its terminal volume prematurely due to specific engineering design, the overall facility utilization rate of 48.07% confirms that the SWA operated well within its legal parameters. Furthermore, the 2025 State Plan explicitly notes that Facility 9 serves "only its home county," providing definitive evidence against claims of unpermitted importation. These metrics demonstrate that the facility's localized cell exhaustion was managed through administrative adaptations rather than operational negligence.

3. The "Local Workaround": Administrative Reclassification Analysis

The reclassification of "minor residential renovation debris" was a strategic necessity implemented to ensure public service continuity and community stability. By providing a localized disposal path for small-scale upkeep waste, the SWA effectively mitigated the risk of illegal roadside dumping, which would have imposed a far greater environmental and regulatory burden on the county.

The mechanics of this "Local Workaround" rely on a strict administrative distinction between residential upkeep and industrial-scale demolition:

• Reclassified as "Bulky Residential Waste": Small quantities of materials (e.g., a single door, limited lumber, or a few bundles of shingles) that functionally resemble household furniture more than commercial debris.
• Explicitly Prohibited Materials: Large-scale commercial C&D, Asbestos-Containing Material (ACM), and Lead-Based Paint (LBP) waste. These materials were strictly diverted to regional facilities like the HAM Sanitary Landfill.

This workaround served as a stabilizer for the county’s housing stock, allowing residents to maintain properties without the prohibitive costs of hauling minor loads to distant regional hubs. Furthermore, it secured the $95.00 per ton tipping fee revenue essential for funding mandatory closure and post-closure escrow accounts. State oversight agencies have demonstrated a clear understanding of these localized practices, favoring service continuity over rigid waste definitions.

4. State Oversight and Evidence of Regulatory Forbearance

The Solid Waste Management Board (SWMB), under the direction of Executive Director Mark Holstine, has maintained consistent awareness of Pocahontas County’s "current situation." State engagement has focused on guiding the SWA toward a sustainable long-term solution rather than pursuing punitive enforcement for administrative adaptations.

Evidence of the SWA’s regulatory standing is reflected in the FY 2024 "Agreed-Upon Procedures" audit conducted by Brown Edwards and Company, which resulted in a "clean unmodified opinion." This audit confirms that the SWA’s financial and operational disclosures meet the highest state standards for transparency. Regulatory forbearance is further evidenced by a series of collaborative meetings:

• February 2023: SWMB Executive Director attendance at the local board meeting to review financial and operational health.
• April and June 2025: Strategic sessions focused on "proper planning for the future" and managing the depletion of final landfill capacity.

The lack of penalties regarding the "Bulky Residential Waste" classification validates the SWA's transition strategy, signaling that the state prioritized the prevention of illegal dumping and the green-lighting of the transfer station proposal over technical categorization disputes.

5. Transition to Transfer Station: Engineering and Fiscal Liability

The transition from a disposal-based model to a logistics-based model is the primary strategy for the mitigation of long-term environmental liability. The proposal submitted by Jacob Meck (Allegheny Disposal) outlines a truck-to-truck transfer station designed to professionalize the county’s waste handling.

Technical Specifications of the Allegheny Disposal Proposal:

• Infrastructure: A three-sided building oriented eastward to minimize wind-blown litter, featuring a durable concrete apron and a gravel roadway extending from the scales to the station.
• Leachate Management: Designed for minimal liquid generation; includes hauling one load per month to a disposal site at a cost of $1,129 per load.
• Redundancy: Three walking-floor trailers to prevent waste accumulation during weekend closures of regional facilities, with backup machinery provisions in the event of equipment failure.

The fiscal impact of this transition requires significant budget restructuring. Beyond the $135 annual "Green Box" fee, the SWA successfully petitioned the Public Service Commission (PSC) for a rate increase to a minimum charge of $21.56 for 500 pounds or less.

Projected Annual Expenditures Post-2026

Expenditure Item	Estimated Annual Cost
Construction Lease (Annual Debt Service)	$300,000 – $330,000
Waste Hauling (7,000 tons to Tucker Co.)	$525,000
Leachate Disposal	$13,548
Total Estimated SWA Budget	$1,180,600 – $1,228,100

This fiscal preparation ensures that the cessation of active disposal is immediately followed by a fully funded period of environmental monitoring.

6. Mandatory Post-Closure Environmental Obligations

The conclusion of active waste acceptance in 2026 does not terminate the SWA's legal obligations. Under the West Virginia Groundwater Protection Act, the Authority is subject to permanent monitoring requirements to protect the region’s "fractured-rock aquifers."

The SWA is legally mandated to:

• Maintain a rigorous network of monitoring wells for intensive aquifer characterization.
• Collect daily data on groundwater levels to establish statistical water-level trends.
• Monitor for any potential release of hazardous constituents from the capped waste units.

The Authority’s liability framework is defined by Emergency Management and Health Department regulations, which specify that the county is not liable for damages from hazardous conditions unless it exerts direct control over a "hazardous substance." This necessitates continued administrative diligence to ensure the dormant Facility 9 units remain environmentally secure.

7. Final Compliance Synthesis and Authoritative Assessment

This assessment confirms that the Pocahontas County Solid Waste Authority has maintained a high degree of regulatory fidelity throughout its operational transition. The "Local Workaround" was a pragmatic, transparent administrative tool that successfully prevented illegal dumping without compromising permitted tonnage limits or violating prohibitions on hazardous materials.

Final Verdict: The SWA has mitigated regulatory exposure through proactive fiscal management and consistent transparency with state oversight boards. The 2026 closure represents a planned strategic transition rather than a failure of management. By securing PSC rate approvals and partnering with Allegheny Disposal for a professionalized logistics model, the SWA has successfully protected both the county's fractured-rock aquifers and its long-term statutory standing. 

Strategic Assessment of Waste Reclassification and Infrastructure Evolution in Pocahontas County (2023–2026)

Executive Summary

The Pocahontas County Solid Waste Authority (SWA) is currently navigating a significant infrastructure transition necessitated by the exhaustion of its construction and demolition (C&D) waste cell and the scheduled total closure of its landfill in fall 2026. To maintain essential services during this period, the SWA implemented a "Local Workaround," administratively reclassifying minor residential debris as "Bulky Residential Waste." This pragmatic adaptation allowed the facility to remain operational while adhering to its 1,400-ton monthly permit limit.

State regulatory bodies, including the West Virginia Department of Environmental Protection (WV DEP) and the Solid Waste Management Board (SWMB), have maintained active oversight, opting for regulatory forbearance rather than penalties, as the workaround served the public interest without exceeding environmental safety thresholds. The county is now moving toward a logistics-based waste management model centered on a truck-to-truck transfer station proposed by Allegheny Disposal. This transition involves significant fiscal restructuring, including increased resident fees and a shift toward long-term hauling contracts, ensuring the county's waste management remains sustainable post-closure.

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Regulatory Framework and the Administrative "Workaround"

The Pocahontas County Landfill, designated as Facility 9, operates under the West Virginia Solid Waste Management Act of 1984. While the facility's general municipal solid waste (MSW) capacity is sufficient to last until 2026, its dedicated C&D cell reached terminal volume prematurely.

The Reclassification Mechanism

The SWA introduced a localized administrative adaptation to prevent a total logistical impasse for residents. This "Local Workaround" involved:

• Definition: Categorizing "minor residential renovation debris" (e.g., a single door, a few bundles of shingles, or a few boards) as "Bulky Residential Waste" or "Non-MSW."
• Economic Logic: Small-scale residential waste was determined to functionally resemble bulky household items (furniture/appliances) more than large-scale commercial demolition.
• Prohibitions: The workaround strictly prohibited large bulk loads and commercial C&D waste. These materials were diverted to regional facilities like the HAM Sanitary Landfill, which is equipped to handle C&D, asbestos-containing material (ACM), and lead-based paint (LBP) waste.

Operational Metrics (2023)

The following table outlines the facility's operational status leading into the transition period:

Metric Specification	Value/Status
Permitted Monthly Tonnage	1,400 Tons
2023 Average Monthly Intake	673 Tons
Operational Capacity Utilized	48.07%
Projected Closure Date	Fall 2026
Tipping Fee (incl. $8.75 SW Tax)	$95.00 per Ton

The high tipping fee reflects the economic challenges of operating a small-scale facility in a rural, mountainous region, yet it provided essential revenue for mandatory closure and post-closure escrow requirements.

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State Oversight and Compliance

Analysis of state records confirms that the West Virginia Department of Environmental Protection (WV DEP) and the Solid Waste Management Board (SWMB) were fully aware of the SWA’s practices.

• Active Monitoring: SWMB Executive Director Mark Holstine attended board meetings starting in February 2023 to discuss performance reviews and transition planning.
• Regulatory Forbearance: The state did not penalize the SWA for the "Bulky Residential Waste" reclassification. Regulatory focus remained on financial transparency and long-term sustainability rather than technical naming conventions.
• Audit Results: The FY 2024 "Agreed-Upon Procedures" audit by Brown Edwards and Company resulted in a "clean unmodified opinion."
• Environmental Integrity: While "Notices of Violation" (NOVs) are common for routine issues like groundwater monitoring or reporting delays, no specific penalty was linked to the waste reclassification. The state prioritized preventing illegal roadside dumping by allowing the legal, reclassified disposal route.

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Economic and Strategic Implications

The workaround created a stable environment for several stakeholders during the facility's final years.

Beneficiaries

1. Individual Residents: Homeowners avoided the high costs of transporting minor debris to distant regional landfills, encouraging legal disposal and home maintenance.
2. Pocahontas County SWA: Reclassification maintained the $95.00 per ton revenue stream, which is critical for funding the "Green Box" system and closure obligations.
3. Private Contractors: Jacob Meck, owner of Allegheny Disposal, positioned his firm as the primary logistics provider. His proposal for a transfer station includes a hauling contract estimated at $525,000 per year for transporting 7,000 tons of waste to the Tucker County Landfill.

Regional Capacity Comparison (2023)

Pocahontas County remains one of the smallest operations in the state, emphasizing that its cell exhaustion was a matter of specific design rather than an influx of unpermitted waste.

Facility Name	Permitted Monthly Tons	2023 Avg. Intake	Capacity Usage
Pocahontas County Landfill	1,400	673	48%
Northwestern Landfill	30,000	16,730	56%

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The Transition to a Transfer Station Model

The exhaustion of the C&D cell accelerated the county's shift from a disposal-based model to a logistics-based model. A proposal submitted by Jacob Meck in July 2025 outlines the construction of a truck-to-truck transfer station at the current landfill site.

Technical Specifications

• Infrastructure: The station will utilize a concrete apron (rather than asphalt) for durability and a three-sided building oriented eastward to minimize wind-blown litter.
• Leachate Management: The station is designed to generate minimal leachate. Current projections estimate hauling one load of leachate per month to a disposal site at a cost of $1,129.00 per load.
• Logistics: The plan employs three walking floor trailers to store waste during weekends when regional landfills are closed.

Fiscal Projections Post-2026

The SWA’s annual budget will restructure significantly as it shifts to leasing and hauling.

Expenditure Item	Estimated Annual Cost	Note
Construction Lease	$300,000 – $330,000	Repayment for facility construction
Waste Hauling	$525,000	7,000 tons @ $75/ton to Tucker Co.
Leachate Disposal	$13,548	Monthly hauling costs
Total Estimated Budget	$1,180,600 – $1,228,100	Projected Annual Total

To meet these costs, the SWA increased the "Green Box" fee from $120 to $135 (effective July 1, 2025) and raised the minimum charge for 500 pounds or less to $21.56.

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Long-Term Environmental and Regional Impact

Environmental Constraints

• Landfill Gas Project: A proposed gas-to-energy project was cancelled in June 2025 because the "quantity of gas produced... is not enough to sustain the project." This is attributed to the high volume of non-organic "bulky" and construction materials in the waste stream.
• Water Resource Protection: Post-closure, the SWA is mandated by the Groundwater Protection Act to monitor "fractured-rock aquifers." Monitoring wells must be maintained for decades to detect any hazardous releases.

Regional Infrastructure Dependencies

• Green Bank Observatory (GBO): The GBO generates approximately 1,262 tons of waste annually. While it relies on local disposal for general waste, it must continue to use the HAM Sanitary Landfill for regulated materials like ACM and LBP.
• Statewide Consolidation: The transition in Pocahontas is part of a broader trend toward consolidated disposal. The SWMB continues to provide bridge funding, including $300,000 in grant applications for FY 2026, to assist authorities during these infrastructure shifts.

Conclusion

The 2026 closure of the Pocahontas County Landfill represents a planned transition rather than an infrastructure failure. The "Local Workaround" served as a necessary bridge that maintained community service and economic stability without violating state environmental standards. As the county moves toward a logistics-centered future with the new transfer station, it balances higher operational costs with reduced long-term environmental liability.

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The Great Waste Shift: Why Pocahontas County is Trading its Landfill for a Transfer Station

1. Introduction: The 2026 Crossroads

Pocahontas County is currently navigating a pivotal transition in its waste management infrastructure. For decades, the county has relied on the Pocahontas County Landfill—identified in state regulatory records as Facility 9. However, the county has reached a "logistical impasse." While there is still general capacity for municipal solid waste, the specific cell dedicated to construction and demolition (C&D) debris has been exhausted.

For a student of public policy, it is vital to understand that this exhaustion was not a management failure, but rather a "premature" filling caused by the specific engineering and design constraints of the C&D cell. This represents a strategic evolution rather than a crisis. Closing a landfill is often the planned conclusion of a facility’s lifecycle, marking a shift toward a more sustainable, logistics-based model. Instead of burying waste in local soil, the county is moving toward a system that prioritizes regional partnerships and environmental security.

While the physical capacity of the current landfill cells is reaching its terminal limit, the shift to a new hauling model is driven by a desire to trade high local maintenance costs for the financial stability of a regional disposal network.

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2. Side-by-Side: Local Disposal vs. Regional Hauling

The following table compares the traditional localized burial model with the incoming regional hauling system.

Criteria	Current Landfill Model (Facility 9)	Future Transfer Station Model
Primary Activity	Permanent on-site burial of waste.	Receiving, compacting, and reloading waste for transport.
Economic Driver	Tipping fees used for cell construction and mandatory closure/post-closure escrow accounts.	Logistics fees and transportation efficiency.
Major Infrastructure	Open waste cells and leachate collection systems.	A three-sided building with a concrete apron and "walking floor" trailers.
Capacity Limit	1,400 tons per month permit (Projected closure: Fall 2026).	Unlimited (constrained only by hauling frequency).

The Economic Irony

There is a striking "Economic Irony" in the current system. Pocahontas County currently charges a tipping fee of **95.00 per ton**, which is significantly higher than neighboring counties like Wood (42.05) or Mercer ($41.30). This disparity is not due to operational inefficiency, but rather the "economic challenges of operating a small-scale facility in a rural, mountainous region." Small facilities lack "economies of scale," meaning fixed costs for environmental monitoring and staffing are spread over smaller volumes of trash.

Furthermore, these high fees are a regulatory necessity; they provide the revenue required to fund the Solid Waste Authority’s (SWA) mandatory closure and post-closure escrow accounts, ensuring that once the landfill stops accepting waste, the funds exist to monitor and protect the site for decades.

The high cost of local burial serves as a financial bridge, leading the county toward the more predictable expenditures of the 2025–2026 transition.

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3. The Price of Progress: A Breakdown of the $1.2 Million Budget

Operating a transfer station involves a total restructuring of the SWA’s fiscal strategy. The SWA is preparing for an annual post-2026 budget of approximately $1.2 million.

• Construction Lease: (300,000–330,000 per year). This covers the repayment to Allegheny Disposal (owned by Jacob Meck) for the private-sector investment required to build the station’s infrastructure.
• Waste Hauling: ($525,000 per year). This funds the transport of an estimated 7,000 tons of waste annually to the Tucker County Landfill at a negotiated rate of $75 per ton.
• Leachate Management: (13,548 per year). Even with the landfill closed, the station must manage contaminated liquid. This budget covers the cost of hauling one load per month to a treatment facility at **1,129 per load**.

The "So What?" for Residents

From a policy perspective, this transition represents the "professionalization" of the county’s waste logistics. To fund this shift, the SWA increased the annual "Green Box" fee for residents from $120 to 135** and petitioned for a **21.56 minimum charge for small loads. While no resident welcomes a fee increase, the move from $120 (local burial) to $135 (regional hauling) represents the price of eliminating long-term environmental liability. By moving waste out of the county, residents are no longer paying to maintain a growing local environmental risk, but rather for a modern, efficient logistics service.

By investing in high-efficiency logistics today, the county secures long-term environmental dividends that protect its most sensitive natural resources, such as its fractured-rock aquifers.

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4. Environmental Stewardship: Beyond the Bottom Line

The transition to a truck-to-truck transfer station offers three primary environmental advantages:

1. Leachate Reduction: Traditional landfills act like giant sponges that produce "leachate" (polluted water) when rain filters through trash. The new station, built by Allegheny Disposal, uses a concrete-apron design (superior to asphalt for durability) that generates "very little" contaminated liquid compared to open-earth cells.
2. Water Resource Protection: Pocahontas County sits atop sensitive "fractured-rock aquifers." Protecting these is a legal mandate under the Groundwater Protection Act. By halting local burial, the risk of contaminants leaching into these vital water sources is minimized.
3. Litter Control: The new station is a three-sided building oriented eastward to use the landscape as a natural windbreak, catching debris before it can escape into the surrounding mountains.

A Lesson in Waste Composition

The environmental shift also clarifies why previous high-tech solutions failed. For example, a proposed landfill gas project was recently abandoned because evaluations showed the waste was not organic enough to produce sufficient gas for energy recovery. This serves as a vital lesson for students: the success of green energy projects often depends on the specific composition of a rural community's waste stream.

This commitment to environmental protection was maintained even during the final years of the landfill’s life through a monitored, administrative workaround.

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5. The "Local Workaround": A Bridge to the Future

When the C&D cell filled up early, the county faced a crisis: how to manage minor residential debris without an active cell. The solution was the "Local Workaround"—an administrative reclassification of "minor residential renovation debris" as "Bulky Residential Waste."

Administrative Pragmatism and Oversight

This was not a clandestine operation; it was a transparent "pragmatic solution" characterized by regulatory forbearance.

• State Awareness: The West Virginia Department of Environmental Protection (WV DEP) and the Solid Waste Management Board (SWMB) were actively involved in monitoring this transition. State officials recognized the workaround served the public interest by preventing "illegal roadside dumping."
• Strict Prohibitions: The workaround only applied to very small residential loads (e.g., a single door or a few shingles). Large commercial bulk loads were strictly prohibited and diverted to the HAM Sanitary Landfill, which possesses specialized cells for construction and abatement waste.
• Capacity Control: Because the SWA strictly limited what was accepted, the facility continued to operate at only 48% of its total monthly permitted capacity (averaging 673 tons against a 1,400-ton limit).

This careful management ensured that the landfill served the community’s immediate needs without compromising its legal or environmental integrity before the new logistics system took over.

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6. Conclusion: A Logistics-Centered Future

The journey of Pocahontas County from 2023 to 2026 is a story of "professionalization." By trading a small, expensive, and environmentally sensitive landfill for a modern transfer station, the county is choosing a future based on smart logistics rather than simple burial.

The planned closure in late 2026 is not an end, but the "planned conclusion of one chapter." It marks the beginning of a more sustainable and environmentally sound era, proving that through public-private partnerships and state-monitored administrative flexibility, a rural community can navigate the complex transition from local waste disposal to a regionalized, logistics-centered future.

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Regulatory Compliance Assessment: Pocahontas County Landfill Reclassification and Closure Framework (2023–2026)

1. Scope of Assessment and Strategic Objectives

The Pocahontas County Solid Waste Authority (SWA) is currently executing a strategic divestment of active disposal operations at the Pocahontas County Landfill (Facility 9), transitioning toward a logistics-based transfer station model. This compliance assessment is critical for navigating the operational lifecycle of a Class D disposal footprint as it approaches terminal capacity. The objective is to evaluate the administrative and engineering frameworks utilized to maintain statutory continuity and regulatory standing with the West Virginia Department of Environmental Protection (WV DEP) and the Solid Waste Management Board (SWMB) during the facility’s final years of operation.

The methodology of this assessment prioritizes the "Local Workaround"—an administrative reclassification of specific residential waste streams—and the rigorous groundwater protection protocols necessitated by the region’s sensitive hydrogeology. By synthesizing operational intake data, state audit results, and post-closure liability frameworks, this report provides a professional determination of the SWA’s adherence to West Virginia solid waste statutes. This assessment begins with an analysis of the baseline permitting and capacity metrics that have governed Facility 9’s operations through the 2023–2024 period.

2. Regulatory Baseline: Permitting and Operational Metrics

Under the Solid Waste Management Act of 1984, meticulous capacity management is the primary pillar of regulatory compliance. For rural facilities, maintaining a clear record of tonnage is essential to demonstrate that the facility is not being utilized for unpermitted regional waste importation, which would violate the integrity of the state’s solid waste management plan.

The following table details the facility’s operational health and utilization relative to its legal thresholds:

Permitted Capacity vs. Operational Utilization (2023–2024)

Metric Specification	Value / Status
Facility Designation	Pocahontas County Landfill (Facility 9)
Maximum Monthly Threshold	1,400 Tons
Average Monthly Intake	673 Tons
Percentage Utilized	48.07%
Tipping Fee Structure	$95.00 per Ton (Includes $8.75 SW Tax)

The "So What?" layer of these metrics provides a robust legal defense for the SWA. While the specific construction and demolition (C&D) cell reached its terminal volume prematurely due to specific engineering design, the overall facility utilization rate of 48.07% confirms that the SWA operated well within its legal parameters. Furthermore, the 2025 State Plan explicitly notes that Facility 9 serves "only its home county," providing definitive evidence against claims of unpermitted importation. These metrics demonstrate that the facility's localized cell exhaustion was managed through administrative adaptations rather than operational negligence.

3. The "Local Workaround": Administrative Reclassification Analysis

The reclassification of "minor residential renovation debris" was a strategic necessity implemented to ensure public service continuity and community stability. By providing a localized disposal path for small-scale upkeep waste, the SWA effectively mitigated the risk of illegal roadside dumping, which would have imposed a far greater environmental and regulatory burden on the county.

The mechanics of this "Local Workaround" rely on a strict administrative distinction between residential upkeep and industrial-scale demolition:

• Reclassified as "Bulky Residential Waste": Small quantities of materials (e.g., a single door, limited lumber, or a few bundles of shingles) that functionally resemble household furniture more than commercial debris.
• Explicitly Prohibited Materials: Large-scale commercial C&D, Asbestos-Containing Material (ACM), and Lead-Based Paint (LBP) waste. These materials were strictly diverted to regional facilities like the HAM Sanitary Landfill.

This workaround served as a stabilizer for the county’s housing stock, allowing residents to maintain properties without the prohibitive costs of hauling minor loads to distant regional hubs. Furthermore, it secured the $95.00 per ton tipping fee revenue essential for funding mandatory closure and post-closure escrow accounts. State oversight agencies have demonstrated a clear understanding of these localized practices, favoring service continuity over rigid waste definitions.

4. State Oversight and Evidence of Regulatory Forbearance

The Solid Waste Management Board (SWMB), under the direction of Executive Director Mark Holstine, has maintained consistent awareness of Pocahontas County’s "current situation." State engagement has focused on guiding the SWA toward a sustainable long-term solution rather than pursuing punitive enforcement for administrative adaptations.

Evidence of the SWA’s regulatory standing is reflected in the FY 2024 "Agreed-Upon Procedures" audit conducted by Brown Edwards and Company, which resulted in a "clean unmodified opinion." This audit confirms that the SWA’s financial and operational disclosures meet the highest state standards for transparency. Regulatory forbearance is further evidenced by a series of collaborative meetings:

• February 2023: SWMB Executive Director attendance at the local board meeting to review financial and operational health.
• April and June 2025: Strategic sessions focused on "proper planning for the future" and managing the depletion of final landfill capacity.

The lack of penalties regarding the "Bulky Residential Waste" classification validates the SWA's transition strategy, signaling that the state prioritized the prevention of illegal dumping and the green-lighting of the transfer station proposal over technical categorization disputes.

5. Transition to Transfer Station: Engineering and Fiscal Liability

The transition from a disposal-based model to a logistics-based model is the primary strategy for the mitigation of long-term environmental liability. The proposal submitted by Jacob Meck (Allegheny Disposal) outlines a truck-to-truck transfer station designed to professionalize the county’s waste handling.

Technical Specifications of the Allegheny Disposal Proposal:

• Infrastructure: A three-sided building oriented eastward to minimize wind-blown litter, featuring a durable concrete apron and a gravel roadway extending from the scales to the station.
• Leachate Management: Designed for minimal liquid generation; includes hauling one load per month to a disposal site at a cost of $1,129 per load.
• Redundancy: Three walking-floor trailers to prevent waste accumulation during weekend closures of regional facilities, with backup machinery provisions in the event of equipment failure.

The fiscal impact of this transition requires significant budget restructuring. Beyond the $135 annual "Green Box" fee, the SWA successfully petitioned the Public Service Commission (PSC) for a rate increase to a minimum charge of $21.56 for 500 pounds or less.

Projected Annual Expenditures Post-2026

Expenditure Item	Estimated Annual Cost
Construction Lease (Annual Debt Service)	$300,000 – $330,000
Waste Hauling (7,000 tons to Tucker Co.)	$525,000
Leachate Disposal	$13,548
Total Estimated SWA Budget	$1,180,600 – $1,228,100

This fiscal preparation ensures that the cessation of active disposal is immediately followed by a fully funded period of environmental monitoring.

6. Mandatory Post-Closure Environmental Obligations

The conclusion of active waste acceptance in 2026 does not terminate the SWA's legal obligations. Under the West Virginia Groundwater Protection Act, the Authority is subject to permanent monitoring requirements to protect the region’s "fractured-rock aquifers."

The SWA is legally mandated to:

• Maintain a rigorous network of monitoring wells for intensive aquifer characterization.
• Collect daily data on groundwater levels to establish statistical water-level trends.
• Monitor for any potential release of hazardous constituents from the capped waste units.

The Authority’s liability framework is defined by Emergency Management and Health Department regulations, which specify that the county is not liable for damages from hazardous conditions unless it exerts direct control over a "hazardous substance." This necessitates continued administrative diligence to ensure the dormant Facility 9 units remain environmentally secure.

7. Final Compliance Synthesis and Authoritative Assessment

This assessment confirms that the Pocahontas County Solid Waste Authority has maintained a high degree of regulatory fidelity throughout its operational transition. The "Local Workaround" was a pragmatic, transparent administrative tool that successfully prevented illegal dumping without compromising permitted tonnage limits or violating prohibitions on hazardous materials.

Final Verdict: The SWA has mitigated regulatory exposure through proactive fiscal management and consistent transparency with state oversight boards. The 2026 closure represents a planned strategic transition rather than a failure of management. By securing PSC rate approvals and partnering with Allegheny Disposal for a professionalized logistics model, the SWA has successfully protected both the county's fractured-rock aquifers and its long-term statutory standing.

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Understanding the "Local Workaround": A Guide to Waste Management in Pocahontas County

1. The Rural Infrastructure Crisis: A Mountain of a Problem

In the complex landscape of Appalachian public policy, Pocahontas County represents a significant "operational bottleneck." Known in the state solid waste plan as Facility 9, the county landfill reached a critical infrastructure impasse in 2023: the total exhaustion of its Construction and Demolition (C&D) waste cell. While the municipal solid waste (MSW) capacity remains viable until 2026, the absence of a dedicated cell for construction materials created an immediate regulatory and logistical crisis.

Policymakers must understand that in a rural, mountainous jurisdiction, "digging a new hole" is not a viable short-term fix. The county sits atop fractured-rock aquifers, which the West Virginia Department of Environmental Protection (WV DEP) identifies as high-risk zones requiring intensive environmental characterization. Under the strictures of the Solid Waste Management Act of 1984, the costs of regulatory compliance and geological protection make cell expansion prohibitively expensive. Consequently, the local Solid Waste Authority (SWA) must manage a facility that is physically operational but functionally limited.

Fast Facts: Facility 9 Operational Status

• Permitted Monthly Tonnage Limit: 1,400 Tons
• Actual Monthly Average (2023): 673 Tons
• Overall Operational Capacity: 48% (Underutilized relative to permit)
• C&D Cell Capacity: 100% (Fully exhausted)
• Projected Final Closure: Fall 2026

This divergence—having significant permitted "headroom" while lacking specific cell space—necessitated a strategic re-evaluation of how waste is categorized at the scale of local governance.

2. Decoding Waste: Residential vs. Construction & Demolition (C&D)

Infrastructure strategists must recognize the "logistical impasse" created when rigid waste definitions collide with rural reality. When the C&D cell reached its terminal volume, a resident attempting to dispose of a single broken door or a few bundles of shingles became a legal liability for the SWA. Without an alternative, these minor loads risked becoming illegal roadside dumps, threatening the county's sensitive ecology.

Waste Type	Examples	Disposal Destination
Residential / Bulky Waste	Kitchen trash, furniture, appliances, mattresses.	Pocahontas County Landfill (Facility 9)
Minor Residential Renovation	A single door, a few boards, few bundles of shingles.	Pocahontas County Landfill (via Workaround)
Commercial C&D Waste	Large-scale debris from building sites, asbestos, lead-based paint.	HAM Sanitary Landfill (Neighboring Jurisdiction)

When the gap between regulation and community needs becomes unmanageable, administrative "creativity" becomes an essential tool for maintaining public order.

3. The "Local Workaround": An Administrative Bridge

The "Local Workaround" implemented by the SWA was not a clandestine operation, but a strategic administrative reclassification. By treating "minor residential renovation debris" as "Bulky Residential Waste" or "Non-MSW," the SWA created a legal pathway for small-scale disposal.

The "so what" for policy analysts is clear: the cost of transporting a few boards to the regional HAM landfill would often exceed the total value of the home repair itself. By implementing this workaround, the SWA effectively protected the local housing stock, ensuring that small-scale maintenance remained economically viable for residents.

The Three Primary Rules of the Workaround:

1. Strict Quantity Limits: Acceptance is limited to "very small quantities" (e.g., a single door or a few boards).
2. Strict Prohibition on Commercial Loads: Large-scale debris and commercial contractors are diverted to specialized facilities like the HAM Sanitary Landfill.
3. Tonnage Monitoring: All reclassified waste is tracked against the 1,400-ton monthly permit to ensure the facility remains a low-volume operation.

4. Oversight and Approval: Why the State Said "Yes"

A critical question for public policy is how a local agency avoids penalties while "renaming" waste. In this instance, the WV DEP and the Solid Waste Management Board (SWMB) exercised regulatory forbearance. State officials, including SWMB Executive Director Mark Holstine, prioritized the successful outcome—preventing illegal dumping—over rigid naming conventions. Because the facility operated at only 48% of its permitted capacity, the SWA had a "regulatory shield" that allowed for flexibility without risking environmental overstress.

Audit & Review Highlights:

• Technical Credibility: The FY 2024 "Agreed-Upon Procedures" audit conducted by Brown Edwards and Company resulted in a "clean unmodified opinion."
• State Engagement: SWMB officials were active participants in board meetings, validating the county’s transition plan rather than issuing fines.
• Operational Validation: The state recognized the workaround as a necessary bridge to the county's long-term transfer station solution.

5. The High Cost of Rural Disposal: Tipping Fees & Economic Balance

Infrastructure in mountainous regions carries a high premium. Pocahontas County’s tipping fee of $95.00 per ton reflects the immense fiscal pressure of operating a small-scale facility while funding the "Green Box" system of unmanned collection points and mandatory post-closure escrow requirements.

• Pocahontas County Fee: $95.00 per ton (Includes $8.75 SW Tax)
• Northwestern Landfill (Wood County): $42.05 per ton
• Mercer County SWA: $41.30 per ton

Sustaining this system required significant political courage. Effective July 1, 2025, the annual "Green Box" fee for residents was increased from $120 to 135**. Furthermore, the SWA petitioned the Public Service Commission (PSC) to establish a **21.56 minimum charge for loads of 500 pounds or less. These adjustments were essential to bridge the gap between the landfill’s closing cells and its logistics-based future.

6. From Disposal to Logistics: The Transfer Station Future

The "Local Workaround" is a temporary measure. As Facility 9 nears its 2026 closure, the county is shifting from a "disposal model" (burying waste) to a professionalized "logistics model" (transporting waste). The proposed truck-to-truck transfer station, championed by Jacob Meck, marks a shift toward environmental and fiscal sustainability.

By hauling approximately 7,000 tons of waste annually to the Tucker County Landfill via a contract estimated at 525,000 per year**, the county eliminates the need for future cell construction. This model also significantly reduces environmental liability by minimizing **leachate** production; the station is estimated to generate only one load of leachate per month, hauled at a cost of **1,129.00 per load.

3 Essential Upgrades of the New Transfer Station:

• Concrete Aprons: Prioritizing durability and ease of cleaning over traditional asphalt.
• Three-Sided Building: Designed with an eastward orientation to mitigate wind-blown litter and maintain compliance with health standards.
• Walking Floor Trailers: A fleet of three specialized trailers ensures waste does not sit outside over weekends when regional facilities are closed.

7. Final Synthesis: Key Takeaways for the Learner

Insight Box: Infrastructure Management

1. Administrative Pragmatism & Capacity Headroom: Administrative reclassification is a viable tool for maintaining public services during infrastructure failure, but it is only defensible when there is significant "headroom" in overall permitted tonnage (such as Pocahontas County's 48% usage rate).
2. Sustaining Local Housing Stock: Policy decisions regarding waste management have direct socio-economic impacts; by allowing a "workaround" for minor debris, the SWA removed the financial barriers to home maintenance that would otherwise lead to property blight.
3. The Logistics Shift: The future of rural infrastructure lies in moving away from local disposal toward regional "logistics hubs." While this increases annual hauling costs—estimated here at $525,000—it mitigates long-term environmental risks and the astronomical costs of new cell construction in ecologically sensitive zones.

Operational Transition Blueprint: Pocahontas County Solid Waste Authority (2025–2026)

1. Strategic Assessment and Regulatory Context

The transition from traditional landfilling at Facility 9 to a modern transfer station represents a proactive evolution of Pocahontas County’s infrastructure, rooted in administrative pragmatism. Rather than a reactive response to closure, this shift is a strategic necessity driven by the intersection of geographical constraints and regulatory requirements. By moving from local interment toward a logistics-centered model, the Solid Waste Authority (SWA) is professionalizing its operations to ensure the Appalachian corridor's ecological integrity remains intact.

Central to this transition was the implementation of a "Local Workaround" for "Bulky Residential Waste." This was a targeted administrative response to the total exhaustion of the facility’s dedicated Construction and Demolition (C&D) waste cell, even while Municipal Solid Waste (MSW) capacity remained available. By reclassifying minor residential renovation materials—such as single doors, bundles of shingles, or limited lumber—as bulky waste, the SWA provided residents with a legal disposal route without exceeding the 1,400-ton monthly permit limit. This adaptation benefited from a state posture of regulatory forbearance, as authorities recognized the workaround prevented illegal roadside dumping. The fiscal foundation for this move is solidified by the FY 2024 "Agreed-Upon Procedures" audit conducted by Brown Edwards and Company. The audit resulted in a "clean unmodified opinion," signaling the administrative transparency required to manage the complex shift in infrastructure and funding.

Baseline Operational Metrics (2023–2024)

Metric	Specification	Value/Status
Permitted Monthly Tonnage	Maximum Threshold	1,400 Tons
Average Intake	Actual Monthly Tonnage	673 Tons
Capacity Usage	Percentage Utilized	48.07%
Tipping Fees	Inclusive of $8.75 SW Tax	$95.00/ton

These successful administrative adaptations provide the operational stability required to pivot from temporary disposal solutions to a permanent logistical framework.

2. Physical Infrastructure Transition: Landfill to Transfer Station

Shifting from a disposal-based model to a logistics-centered approach is the primary strategy for mitigating the exhaustion of C&D waste cells and the eventual closure of all landfilling activities in Fall 2026. This "logistical decoupling" allows the SWA to separate local collection from the physical and geological limitations of on-site interment, focusing instead on the efficient transport of waste to regional facilities.

The engineering specifications for the new truck-to-truck transfer station, proposed by Jacob Meck, prioritize site durability and environmental containment:

• Concrete Apron and Site Access: The design utilizes a concrete apron rather than asphalt for the station floor to withstand the high-impact wear of heavy machinery. This is supported by a gravel roadway extending from the scales to the station to ensure site maintenance and dust control.
• Three-Sided Building Orientation: To maximize wind-blown litter control, the station features a three-sided building oriented toward the East, ensuring debris remains contained within the footprint during loading.
• Walking Floor Trailers: The acquisition of three walking floor trailers provides essential weekend surge capacity, allowing the facility to accept waste when regional destination landfills are closed without staging material outdoors.
• Leachate Management Systems: The transition significantly limits the generation of contaminated liquid. The system is designed for high efficiency, requiring only one load per month to be hauled to a proper disposal site.

These design choices are a direct response to the region’s sensitive "fractured-rock aquifers." By centralizing waste in a controlled, non-porous environment, the SWA drastically reduces the environmental liabilities associated with traditional landfilling, where leachate management in complex geology is a perpetual risk. This physical build-out serves as the anchor for the revised fiscal obligations required for long-term sustainability.

3. Fiscal Roadmap and Economic Sustainability

The 2025–2026 period necessitates a fundamental financial restructuring. The SWA is transitioning its capital allocation from the high, unpredictable costs of disposal cell construction toward fixed annual expenditures for leases and hauling contracts. This shift provides a more predictable budgetary environment, substituting geological engineering risks for contractual logistical costs.

The projected annual SWA budget post-2026 is structured as follows:

• Construction Lease: $300,000 – $330,000 (Repayment for the station build-out).
• Waste Hauling Contract (Allegheny Disposal): $525,000 (Calculated at $75/ton for an estimated 7,000 tons annually, transported to the Tucker County Landfill).
• Leachate Disposal: $13,548 (Based on a unit price of $1,129.00 per monthly load).

To sustain this 1.18M–1.22M annual budget, the SWA has proactively adjusted its revenue streams. The annual "Green Box" fee for residents was increased from $120 to $135, and the minimum charge for small loads (500 pounds or less) was set at $21.56. These measures ensure the authority can meet its debt service for the transfer station while simultaneously funding the mandatory escrow accounts required for the landfill’s multi-decade post-closure monitoring. These fiscal adjustments ensure that the authority remains a solvent guardian of the county’s environmental obligations.

4. Logistical Continuity and Public-Private Partnership

The partnership between the SWA and Allegheny Disposal is a critical component of the county’s service continuity. This public-private collaboration allows the SWA to maintain public oversight of waste management while utilizing private-sector logistics to handle the complexities of long-haul transport.

The transition is governed by clearly defined operational roles:

• Allegheny Disposal: Responsible for station construction and the provision of backup machinery, including cranes and trailers, to prevent service interruptions during equipment failure.
• SWA: Maintains responsibility for daily station operations, scale management, and the upkeep of the "Green Box" collection network.

In a competitive regional context, the Pocahontas tipping fee of 95.00 per ton is higher than facilities like the Northwestern Landfill in Wood County (42.05) or the Mercer County SWA ($41.30). However, this represents a "strategic premium" required to maintain a decentralized, low-density collection network in a mountainous region. The fee supports the "Green Box" system, which is essential for providing rural residents with legal disposal options and preventing the degradation of the local environment. This stability ensures Pocahontas County remains an integrated and reliable partner within the regional waste network.

5. Regional Integration and Environmental Compliance

The SWA’s reliance on regional coordination is a necessity for specialized waste streams. Facilities like the HAM Sanitary Landfill are essential because they possess the specialized cells required for Asbestos-Containing Material (ACM) and Lead-Based Paint (LBP)—materials the Pocahontas facility was never equipped to handle. Similarly, the Tucker County Landfill serves as the primary destination for the county's standard MSW stream post-2026.

Following the landfill’s closure, the SWA must comply with stringent environmental protection mandates, particularly because the West Virginia DEP identifies the local "fractured-rock aquifers" as requiring "intensive characterization." The post-closure mandates include:

1. Groundwater Monitoring: Maintenance of a network of monitoring wells to detect any release of hazardous constituents into the fractured-rock geology.
2. Statistical Data Collection: Daily collection of groundwater levels and the rigorous analysis of statistical water-level trends to ensure zero-leakage compliance.
3. Capping and Escrow Funding: The final capping of existing landfill cells and the continued capitalization of post-closure escrow accounts for long-term site security.

The necessity of this transition is further underscored by the defunct landfill gas project. The failure of this project was directly linked to the waste composition—specifically the high volume of non-organic bulky materials and construction debris (shingles and lumber) resulting from the "Local Workaround"—which lacked the organic density to sustain gas production. This outcome confirms that the county’s future lies in efficient waste diversion and logistics rather than on-site energy recovery.

6. Conclusion: The 2026 Logistics-Centered Future

The transition scheduled for completion in late 2026 marks the final professionalization of waste logistics in Pocahontas County. By moving from a model of local interment to one of high-efficiency transfer, the SWA is addressing the reality of finite land resources and the increasing rigor of environmental standards.

The path from the 2023 administrative workaround to the anticipated Fall 2026 closure reflects a disciplined, planned progression. This transition is not an infrastructure failure, but the deliberate conclusion of a specific chapter in the county's history. The SWA’s commitment to providing a reliable, legal disposal route remains the primary defense against roadside dumping, ensuring that the ecological integrity of the Appalachian corridor is protected for the long term.

The Appalachian Trash Hack: What a Rural Landfill Crisis Reveals About Creative Governance

1. Introduction: The Quiet Crisis in the Mountains

In the rugged expanse of Pocahontas County, West Virginia, "gridlock" is a term rarely applied to the open mountain roads. However, in the early 2020s, the county faced a unique form of stagnation: a gridlock of waste. The frontline of this crisis was the "Green Box" system—a network of unmanned collection points that serve as the literal lifeline for remote residents. When the county’s dedicated Construction and Demolition (C&D) cell reached total exhaustion years ahead of schedule, the entire system threatened to seize up.

This was not a failure of management, but a lapse in infrastructure lifecycle planning. The C&D cell’s "premature" filling was a result of specific cell design rather than an influx of unpermitted waste. Nevertheless, the situation presented a regulatory trilemma: the county could either reject all residential renovation materials, endure a surge in illegal roadside dumping, or innovate. The resulting "Local Workaround" provides a masterclass in how rural authorities navigate the gap between rigid state permits and the messy realities of mountain life.

2. Takeaway 1: The Art of the "Local Workaround"

When the C&D cell reached its terminal volume, the Pocahontas County Solid Waste Authority (SWA) implemented an administrative reclassification. Under this system, "minor residential renovation debris"—defined as very small quantities such as a single door, a few boards, or a few bundles of shingles—was renamed as "Bulky Residential Waste" or "Non-MSW."

This reclassification allowed these materials to be absorbed into the main waste stream or staged for eventual transfer rather than being rejected outright. This was a pragmatic survival strategy intended to maintain community stability and prevent the environmental blight of "midnight dumping." As the SWA noted:

"This strategy was predicated on the understanding that small-scale residential waste functionally resembles bulky household items... more closely than it does large-scale commercial demolition debris."

Crucially, the SWA maintained a strict prohibition on large-scale commercial loads, which were diverted to regional facilities like the HAM Sanitary Landfill, which is better equipped for large volumes and hazardous materials like lead-based paint.

3. Takeaway 2: Regulatory Forbearance and the Clean Audit

While the SWA was innovating locally, it was doing so under the watchful—and surprisingly sympathetic—eye of state regulators. One might expect a state agency to penalize a local authority for such a nomenclature shift, but the relationship between the SWA and the West Virginia Department of Environmental Protection (WV DEP) was defined by transparency.

The state recognized that the workaround served a vital public interest. Evidence of this successful oversight is found in the FY 2024 "Agreed-Upon Procedures" audit conducted by Brown Edwards and Company. The audit returned a "clean unmodified opinion," signaling that the state prioritized financial transparency and long-term sustainability over strict adherence to waste categories during this transition period. This regulatory forbearance was contingent on the SWA’s commitment to a "long-term solution"—the eventual closure of the landfill and a shift to a more sustainable model.

4. Takeaway 3: The 48% Paradox

The data surrounding the landfill reveals a striking paradox: while the C&D cell was "exhausted," the facility as a whole was significantly underutilized. In 2023, the landfill’s average monthly intake was approximately 673 tons—just 48% of its permitted 1,400-ton capacity. This metric is vital; it proves the "Local Workaround" was not a cover for massive, unauthorized dumping, but a targeted tool for small-scale residential needs.

However, this low volume creates a "rural infrastructure penalty." The costs of administration and environmental compliance remain fixed regardless of tonnage, leading to significantly higher costs for residents compared to more urbanized neighbors:

Facility Name	County	Tipping Fee (per ton)	2023 Capacity Usage
Pocahontas County Landfill	Pocahontas	$95.00*	48.07%
Northwestern Landfill	Wood	$42.05	56.00%
Mercer County SWA	Mercer	$41.30	N/A

*Includes the mandatory $8.75 Solid Waste Tax.

5. Takeaway 4: The Logistics Pivot—From Digging Holes to Managing Fleets

As the landfill prepares for total closure in late 2026, the SWA is shifting from a disposal-based model to a "logistics-based model" proposed by Jacob Meck of Allegheny Disposal. This transition involves the construction of a "truck-to-truck" transfer station at the current site.

The engineering pivot offers distinct technical advantages designed for the mountain climate:

• Infrastructure Durability: The design features a concrete apron instead of asphalt for easier cleaning and a three-sided building oriented eastward to minimize wind-blown litter.
• Leachate Management: The station will produce significantly less contaminated liquid than an open landfill. Current projections estimate hauling only one load of leachate per month to a disposal site at a cost of $1,129.00 per load.
• Operational Flexibility: The use of "walking floor trailers" allows for weekend storage when regional destination landfills are closed.

This shift comes with a significant budget restructuring, with the annual hauling contract alone estimated at $525,000 to transport 7,000 tons of waste. The reality of this transition is also visible in failed initiatives; a proposed landfill gas project was recently scrapped because the landfill's waste composition—lacking sufficient organic intake—could not sustain it.

6. Takeaway 5: The Environmental Sensitivity of "Fractured-Rock Aquifers"

The move toward a transfer station model is driven by more than just capacity; it is an ecological necessity. The Pocahontas facility sits atop "fractured-rock aquifers," which the WV DEP identifies as highly sensitive areas. Under the Groundwater Protection Act, the SWA is required to maintain a rigorous network of monitoring wells to protect these water resources.

The closure in 2026 does not end the SWA’s responsibility; it triggers a multi-decade monitoring phase. The Authority must continue to track statistical water-level trends and groundwater quality long after the final cap is placed. Transitioning to a cleaner transfer station model significantly reduces the risk of new contamination in a region where the water table is notoriously difficult to characterize and protect.

7. Conclusion: Beyond the Final Cap

The evolution of the Pocahontas County Solid Waste Authority—from a struggling landfill operator to a logistics coordinator—demonstrates the power of local ingenuity. The "Local Workaround" served as a necessary administrative bridge, maintaining community stability while a professionalized, long-term solution was developed.

As the county moves toward its logistics-centered future, it raises a broader question for all who value rural life: When our literal "holes in the ground" run out of room, are we prepared for the logistical and financial price of being a part of a global waste network? The transition in the mountains suggests that while the costs are high, the price of inaction is even higher.