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The Pocahontas County Solid Waste Authority (SWA) is governed by a five-member volunteer board specifically structured to balance local community needs with state-level regulatory interests. While two members are appointed locally by the County Commission, the remaining three are state-level appointments—one of which is designated by the West Virginia Public Service Commission (PSC).

The Role of the PSC Appointee The PSC-appointed seat is currently held by David Henderson, who also serves as the Chairman of the SWA board. According to SWA administrative structures, the member appointed by the PSC typically brings a professional focus in "Regulatory and Rate Compliance".

This specific expertise is critical because the SWA operates as a public utility under the direct oversight of the PSC. The PSC appointee is instrumental in guiding the authority through complex state regulations, such as:

• Rate Cases and Tipping Fees: The SWA must apply through the PSC for permission to increase its tipping fees. This involves a rigorous legal and financial review process that can take up to twelve months and requires substantial documentation to prove economic necessity.
• Flow Control Mandates: As the SWA transitions to a new transfer station, it plans to implement "flow control" to legally force all county trash to be processed at its facility. The power to authorize this monopoly rests entirely with the PSC, which must evaluate the environmental impact, financial feasibility, and public convenience before granting such a petition.

Appointment Renewals and the Oath Controversy The administrative validity of the PSC appointment recently became a flashpoint for public outrage. During the contentious transition to the new transfer station in early 2026, citizen critics challenged the legitimacy of the SWA's "no-bid" contracts by alleging that Chairman Henderson was acting illegally because his constitutional oath of office had expired.

While West Virginia's "De Facto Officer Doctrine" generally protects the legal validity of past votes cast by an official who has a technical defect in their paperwork, the controversy forced the SWA to ensure strict compliance. SWA meeting minutes note that Henderson had been officially reappointed by the PSC in 2023 for another four-year term ending in June 2027. Following the public backlash, Henderson formally signed and filed a new constitutional oath of office for his PSC appointment on, March 31, 2026 officially securing his legal standing to continue serving as Chairman.