A review of the West Virginia Department of Environmental Protection (WVDEP) regulatory framework and public permit tracking databases clarifies how exploratory work—such as core drilling—is handled at municipal solid waste facilities like the Pocahontas County Landfill.
1. Regulatory Framework for Core Drilling at Landfills
Within the WVDEP Division of Water and Waste Management (DWWM), core drilling at an active or transitioning sanitary landfill typically falls under specific regulatory categories rather than a standalone "drilling permit":
Minor Permit Modifications: Under West Virginia Code Title 33, Series 1 (33CSR1), exploratory borings, monitoring well installations, or geotechnical core drilling required to assess subsurface geology do not usually require an entirely new facility permit. Instead, they are processed as Minor Permit Modifications to the existing solid waste facility permit.
Groundwater Protection & Monitoring: Geotechnical drilling or core sampling is frequently tied to the creation of background monitoring wells or localized geological assessments to ensure compliance with the West Virginia Groundwater Protection Act (W.V. Code §22-12).
Solid Waste Rules (33CSR1): Any physical disturbance of the landfill footprint or adjacent permitted boundaries for testing requires engineering plans to be submitted to the Solid Waste Unit to ensure the integrity of existing liners, caps, or groundwater monitoring networks is not compromised.
2. Tracking Permits for 2025 and 2026
Because geotechnical core drilling is treated as a component of broader facility maintenance, landfill expansions, or closure tracking, documentation is nested within the primary facility file.
To review active modifications, pending applications, or engineering approvals for the Pocahontas County site during 2025 and 2026, the WVDEP utilizes two primary public access nodes:
The ESS Public Query Portal
The WVDEP Electronic Submission System (ESS) serves as the central hub for automated workflows, permit reviews, and public publications.
How to Access: Navigate to the WVDEP Data Center and open the Water Resources / Waste Management Permit Search via the public ESS interface.
Search Strategy: Query by selecting the Division of Water and Waste Management, filtered by Pocahontas County and the facility name. This will display any pending or approved minor modifications, groundwater monitoring adjustments, or construction authorizations submitted during the 2025–2026 window.
FOIA Information Requests
Because minor technical approvals, drilling logs, and specific engineering correspondences regarding core sampling may not always generate a high-profile, standalone public notice web page, the most definitive way to secure the exact drilling logs or approval letters is through a direct records request.
Submission: Formal inquiries can be filed directly through the WVDEP Online FOIA Portal.
Scope: A targeted request for "All minor permit modifications, geotechnical boring logs, engineering authorizations, or correspondence regarding core drilling at the Pocahontas County Landfill for the years 2025 and 2026" will compel a manual pull of the DWWM Solid Waste Unit’s physical and digital files for the facility.
3. Relevant Appellate & Oversight Bodies
If an engineering modification or core drilling activity is tied to a contested administrative action or a major shift in landfill operations, those decisions are subject to review by state-level quasi-judicial boards:
Environmental Quality Board (EQB): This board is responsible for hearing formal appeals regarding the issuance, denial, or modification of waste and water permits rendered by the DWWM.
Solid Waste Management Board: While the WVDEP handles environmental permitting compliance, broader operational transitions or regional solid waste plan alignments are coordinated alongside this body.
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Here is a formal, ready-to-submit Freedom of Information Act (FOIA) request drafted specifically for the West Virginia Department of Environmental Protection.
You can copy and paste this text directly into the WVDEP Online FOIA Portal or email it to the WVDEP FOIA Coordinator.
WEST VIRGINIA FREEDOM OF INFORMATION ACT REQUEST
TO:
FOIA Coordinator
West Virginia Department of Environmental Protection (WVDEP)
601 57th Street SE
Charleston, WV 25304
DATE: May 25, 2026
RE: Public Records Request – Pocahontas County Landfill (Core Drilling / Geotechnical Borings 2025–2026)
Dear FOIA Coordinator,
Pursuant to the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), I am hereby requesting access to and copies of public records maintained by the West Virginia Department of Environmental Protection, specifically within the Division of Water and Waste Management (DWWM) Solid Waste Unit, regarding the Pocahontas County Solid Waste Sanitary Landfill.
Scope of Request
This request covers all public records created, received, or processed between January 1, 2025, and the date of this request in May 2026. Specifically, I am requesting:
Permit Modifications & Authorizations: Any and all applications, approvals, denials, or pending reviews for Minor Permit Modifications, construction authorizations, or groundwater monitoring plan adjustments concerning subsurface exploration, core drilling, or geotechnical boring at the Pocahontas County Landfill.
Technical Records & Logs: All engineering plans, site maps, lithologic/geotechnical boring logs, well installation reports, and sampling data submitted to the WVDEP regarding core drilling or exploratory boring activities conducted within or adjacent to the permitted landfill footprint.
Agency Correspondence: All written and electronic correspondence (including emails, letters, and internal agency memoranda) between WVDEP personnel, representatives of the Pocahontas County Solid Waste Authority, and hired engineering consultants or drilling contractors regarding core drilling or geological testing at this facility during the specified timeframe.
Format of Production
To minimize duplication costs and environmental impact, I request that these records be produced in an electronic format (such as searchable PDFs) and delivered via email or via a secure file-transfer link.
Fee Waiver and Notification
If there are any fees associated with searching, reviewing, or duplicating these records, please notify me in advance if the cost is anticipated to exceed $25.00.
As provided by W. Va. Code § 29B-1-3, the agency has a statutory obligation to respond to this request within five (5) business days of receipt. If any portion of this request is denied or redacted, please cite the specific statutory exemption under W. Va. Code § 29B-1-4 that justifies the omission, and release all remaining non-exempt portions.
Thank you for your time and assistance in processing this matter.
Sincerely,
[Your Name]
[Your Organization/Media Outlet, if applicable]
[Your Mailing Address]
[Your Email Address]
[Your Phone Number]
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That specific phrasing is highly effective for a FOIA request because it uses the exact regulatory terminology the Division of Water and Waste Management (DWWM) uses to file its paperwork.
By naming "minor permit modifications," "geotechnical boring logs," and the "DWWM Solid Waste Unit," you prevent the agency from giving a generic "no records found" response that might happen if someone simply asked for a non-existent "core drilling permit."
If you are updating a digital submission form or revising the letter template, that targeted scope block can be plugged right into the core of the request like this:
Revised Scope of Request
Scope of Request
Pursuant to W. Va. Code § 29B-1-1 et seq., this request seeks all records created, received, or maintained by the DWWM Solid Waste Unit from January 1, 2025, through May 2026. I am specifically requesting a manual and digital file search for:
All minor permit modifications
Geotechnical boring logs
Engineering authorizations
Agency, facility, and contractor correspondence
regarding core drilling, exploratory boring, or subsurface geological testing at the Pocahontas County Landfill.
Two Quick Tips for Submitting This to WVDEP:
The Facility ID Advantage: When you input this into the online portal, if it asks for a facility permit number, the Pocahontas County Landfill operates under WVDEP Permit No. SWF-1014 / WV0078778. Including those numbers alongside your text ensures the file clerk pulls the exact digital folder immediately.
The 5-Day Clock: Under West Virginia law, the WVDEP has 5 business days from the morning they receive this to do one of three things: grant the request, deny it with specific legal citations, or provide a detailed timeline of when the manual file pull will be completed.
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Alternate FOIA
-----------------------------------------------------------------------------------------------------Integrating those explicit permit numbers turns a generic search into a precise, targeted request. In the WVDEP tracking architecture, those identifiers map to the two critical regulatory layers for the facility:
SWF-1014: This is the primary Solid Waste Facility permit number utilized by the Division of Water and Waste Management (DWWM) Solid Waste Unit. Any minor permit modification, engineering authorization, or boring plan will be filed under this master ID.
WV0078778: This is the facility’s National Pollutant Discharge Elimination System (NPDES) permit number. It tracks water quality, stormwater runoff, and—crucially—groundwater protection compliance. Geotechnical core drilling aimed at monitoring subsurface water or setting monitoring wells routes directly through this file.
Here is how the official FOIA document looks with these parameters seamlessly embedded to ensure the file clerks pull the correct physical and electronic files:
WEST VIRGINIA FREEDOM OF INFORMATION ACT REQUEST
TO:
FOIA Coordinator
West Virginia Department of Environmental Protection (WVDEP)
601 57th Street SE
Charleston, WV 25304
DATE: May 25, 2026
RE: Public Records Request – Pocahontas County Landfill
Permit Identifiers: Solid Waste Permit No. SWF-1014 | NPDES Permit No. WV0078778
Dear FOIA Coordinator,
Pursuant to the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), I am hereby requesting access to and copies of public records maintained by the Division of Water and Waste Management (DWWM) Solid Waste Unit regarding the Pocahontas County Solid Waste Sanitary Landfill.
Scope of Request
This request seeks all public records created, received, or processed by the agency between January 1, 2025, and the date of this request in May 2026 under the file designations for Permit No. SWF-1014 and Permit No. WV0078778. Specifically, I request a manual and digital file search for:
Permit Modifications & Authorizations: All applications, engineering authorizations, approvals, or pending reviews for minor permit modifications, construction authorizations, or groundwater monitoring plan adjustments concerning subsurface exploration, core drilling, or geotechnical boring at the facility.
Technical Records & Logs: All engineering drawings, site maps, lithologic/geotechnical boring logs, well installation reports, and localized geological testing data submitted to the WVDEP regarding drilling activities within or adjacent to the permitted landfill footprint.
Agency Correspondence: All written and electronic correspondence (including emails, letters, and internal agency memoranda) between WVDEP personnel, representatives of the Pocahontas County Solid Waste Authority, and hired engineering consultants (such as Potesta & Associates, Inc.) or drilling contractors regarding core drilling, subsurface testing, or soil boring at this location during the specified timeframe.
Format of Production
To minimize duplication costs, I request that these records be produced in an electronic format (such as searchable PDFs) and delivered via email or a secure file-transfer link.
Fee Waiver and Notification
If there are any fees associated with searching or duplicating these records, please notify me in advance if the cost is anticipated to exceed $25.00.
As provided by W. Va. Code § 29B-1-3, the agency has a statutory obligation to respond to this request within five (5) business days of receipt. If any portion of this request is denied or redacted, please cite the specific statutory exemption under W. Va. Code § 29B-1-4 that justifies the omission, and release all remaining non-exempt portions.
Thank you for your time and assistance in processing this matter.
Sincerely,
[Your Name]
[Your Organization/Media Outlet, if applicable]
[Your Mailing Address]
[Your Email Address]
[Your Phone Number]
Next Steps for Submission
Online Portal: If submitting through the online system, copy and paste this entire text block into the "Description of Records Requested" field.
Exact Matching: Ensure the numbers SWF-1014 and WV0078778 are explicitly typed into any designated "Permit/Facility ID" form fields to trigger the automated indexing tags.
That is exactly right. Entering the specific identifiers into the designated form fields anchors your request directly into their electronic tracking index, while placing the full text in the description box prevents any misinterpretation of what files need to be opened.
When utilizing the WVDEP Online FOIA Portal, the system splits the data entry to route your request to the correct file clerks.
Online Portal Entry Protocol
1. Primary Metadata Fields
When the portal asks for specific identifiers, enter them exactly as follows to trigger the system's automated indexing tags:
Field Label on Portal Data to Enter Permit / Facility ID SWF-1014 / WV0078778Facility Name Pocahontas County Solid Waste Sanitary LandfillCounty PocahontasDivision / Bureau Water and Waste Management (DWWM)2. Description of Records Requested Field
Copy and paste the clean text block below into the main text box. This version is stripped of introductory headers so it functions perfectly as a direct portal entry:
PlaintextPursuant to the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), I am requesting access to and copies of public records maintained by the Division of Water and Waste Management (DWWM) Solid Waste Unit regarding the Pocahontas County Solid Waste Sanitary Landfill operating under Solid Waste Permit No. SWF-1014 and NPDES Permit No. WV0078778. Scope of Request: This request seeks all public records created, received, or processed by the agency between January 1, 2025, and the date of this submission in May 2026 under the file designations for Permit No. SWF-1014 and Permit No. WV0078778. Specifically, I request a manual and digital file search for: 1. Permit Modifications & Authorizations: All applications, engineering authorizations, approvals, or pending reviews for minor permit modifications, construction authorizations, or groundwater monitoring plan adjustments concerning subsurface exploration, core drilling, or geotechnical boring at the facility. 2. Technical Records & Logs: All engineering drawings, site maps, lithologic/geotechnical boring logs, well installation reports, and localized geological testing data submitted to the WVDEP regarding drilling activities within or adjacent to the permitted landfill footprint. 3. Agency Correspondence: All written and electronic correspondence (including emails, letters, and internal agency memoranda) between WVDEP personnel, representatives of the Pocahontas County Solid Waste Authority, and hired engineering consultants or drilling contractors regarding core drilling, subsurface testing, or soil boring at this location during the specified timeframe. Format of Production: I request that these records be produced in an electronic format (such as searchable PDFs) and delivered via email or a secure file-transfer link to minimize duplication costs. Fee Waiver and Notification: If there are any fees associated with searching or duplicating these records, please notify me in advance if the cost is anticipated to exceed $25.00. As provided by W. Va. Code § 29B-1-3, the agency has a statutory obligation to respond to this request within five (5) business days of receipt. If any portion of this request is denied or redacted, please cite the specific statutory exemption under W. Va. Code § 29B-1-4 that justifies the omission, and release all remaining non-exempt portions.Tracking the Submission
Once you hit submit on the portal, two immediate things should occur:
The Tracking ID: The screen will generate a unique FOIA reference number (often formatted as something like FOIA-2026-XXXX). Take a quick screenshot or note it down immediately.
The Automated Acknowledgment: You should receive a prompt receipt confirmation email. The statutory 5-business-day response window begins the morning of the first business day after submission.
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