Checklist for Implementation?

 

Phase 1: Relocation and Site Preparation

• [ ] Relocate the proposed facility: Move the publicly-owned transfer station to the East Fork Industrial Park in Frank, WV, which has a history of industrial use.
• [ ] Verify exclusionary zones: Ensure the site safely avoids the 33CSR3 Section 3.2.a.5 mandate by maintaining a 2,000-foot institutional exclusionary zone away from schools, the Community Care medical clinic, and the Green Bank Senior Center.
• [ ] Conduct necessary site surveys: Perform topographical and hydrological surveys to guarantee a strict 300-foot regulatory buffer from the East Fork of the Greenbrier River and a 500-foot setback from any adjacent residential dwellings.

Phase 2: Legal and Procurement Compliance

• [ ] Abandon the current lease: Formally terminate the unconstitutional "Option 4" Letter of Intent (LOI) with JacMal Properties LLC.
• [ ] Initiate competitive bidding: Issue a competitive Request for Proposals (RFP) managed by an independent criteria developer to comply with the West Virginia Fairness in Competitive Bidding Act.
• [ ] Protect state funding: Use this legally sound bidding process to safeguard the $1.9 million in state grant funding the county currently holds in escrow.

Phase 3: Permitting and Contingency Planning

• [ ] Secure state permits: Navigate the extensive permitting process to obtain a mandatory Certificate of Need (CON) from the Public Service Commission (PSC) and facility permits from the WVDEP.
• [ ] Implement a temporary stopgap: Prepare to use interim direct-hauling to out-of-county landfills if the new transfer station is not fully permitted and built before the current landfill closes in December 2026.
• [ ] Build a truck-to-truck station: Construct a $575,000 truck-to-truck transfer station system, which is cheaper and cleaner than a tipping-floor style station.

Phase 4: Funding and Financial Restructuring

• [ ] Apply for federal and state grants: Secure a USDA Rural Development Water and Waste Disposal Grant (covering up to 75% of costs) and a 1% low-interest loan through the WV Solid Waste Management Board (SWMB).
• [ ] Divert PILT funds: Have the County Commission formally dedicate 20% (approximately $200,000) of its annual federal Payment in Lieu of Taxes (PILT) directly to the Solid Waste Authority’s capital improvement fund.
• [ ] Offload post-closure liabilities: Integrate the closing Dunmore landfill into the WVDEP’s Landfill Closure Assistance Program (LCAP) to shift the $75,000 annual 30-year groundwater monitoring liability from the county to the state.

Phase 5: Fee Implementation and Environmental Protection

• [ ] Establish a multi-tiered fee structure: Use the PILT subsidy to freeze the "Green Box" fee at $135 for seniors and low-income residents, implement a moderate $185 tier for standard households, and create a higher tier for commercial resort entities like Snowshoe.
• [ ] Maintain the monthly "Free Day": Keep the free disposal day open for bulky household items to remove the financial incentive for illegal "midnight dumping" in local ravines and rivers.
• [ ] Grant a geographic exemption: Allow northern towns like Durbin to legally bypass Flow Control mandates and haul their trash directly to the closer Dailey facility in Randolph County for a small administrative fee, which will improve regional logistical efficiency and reduce heavy-truck emissions.