COMPLAINT REGARDING ACCEPTANCE OF UNDOCUMENTED OUT-OF-STATE SOLID WASTE AT THE POCAHONTAS COUNTY LANDFILL
I am requesting an investigation into the acceptance, documentation, and reporting of out-of-state solid waste at the Pocahontas County Solid Waste Authority landfill.
Evidence obtained from multiple sources indicates that solid waste generated in the Commonwealth of Virginia has been transported by Allegheny Disposal LLC, a commercial waste hauler and disposed of at the Pocahontas County landfill for an extended period of time. Numerous eyewitnesses have reported observing waste collection activities in Virginia followed by the transportation of that waste into West Virginia for disposal. Former employees have also provided statements indicating that waste collected in Virginia was routinely transported to and disposed of at the Pocahontas County landfill.
Additionally, a member of the Pocahontas County Solid Waste Authority Board publicly acknowledged that waste from Virginia was being brought into the landfill.
Despite these reports and admissions, records obtained from the landfill and submitted to regulatory agencies reportedly show zero out-of-state waste being received for many years. This creates a significant discrepancy between the reported data and the information provided by witnesses, former employees, and public statements made by individuals associated with the landfill's operations.
The proper disclosure of waste origin is not a mere administrative requirement. It serves an important environmental and regulatory purpose. State and local agencies rely upon accurate reporting to evaluate landfill capacity, remaining useful life, environmental impacts, long-term planning needs, groundwater protection measures, leachate management requirements, transportation impacts, and compliance with solid waste management plans. When waste is accepted without proper disclosure of its origin, regulators, local governments, and the public may be deprived of accurate information necessary to make informed decisions regarding landfill operations and future disposal needs.
If out-of-state waste has been entering the landfill without being properly identified and reported, the landfill's reported tonnage by source, annual operational reports, capacity projections, and environmental planning data may be inaccurate. This is particularly concerning given the publicly stated concerns regarding the remaining capacity and expected lifespan of the Pocahontas County landfill.
West Virginia law requires the disclosure of the origin of solid waste transported into the state and requires solid waste facilities to maintain accurate records and reports regarding the waste they receive. Accurate reporting is essential to ensuring compliance with environmental regulations, protecting public resources, and maintaining the integrity of the state's solid waste management system.
If waste originating in Virginia was accepted at the Pocahontas County landfill without proper disclosure, documentation, or reporting, such actions may constitute violations of West Virginia Code §24A-2-4b, the West Virginia Solid Waste Management Act, applicable DEP regulations, and recordkeeping and reporting requirements governing permitted solid waste facilities.
Therefore, I respectfully request that the appropriate regulatory agencies conduct a thorough investigation into:
Whether solid waste originating in Virginia was transported to and disposed of at the Pocahontas County landfill.
Whether the commercial hauler properly disclosed the origin of the waste as required by law.
Whether landfill operators accurately documented and reported the receipt of out-of-state waste.
Whether daily logs, scale house records, tonnage reports, annual operational reports, and other required records accurately reflected the origin of waste accepted at the facility.
Whether landfill capacity calculations, remaining life projections, environmental reporting, and planning documents were affected by any failure to disclose out-of-state waste.
Whether any false, incomplete, or misleading information was submitted to state agencies regarding the origin of waste accepted at the facility.
Whether violations of West Virginia Code §24A-2-4b, Chapter 22 Article 15 of the West Virginia Code, 33 CSR 1, or other applicable statutes and regulations occurred.
Whether penalties, corrective actions, permit modifications, permit reviews, or other enforcement measures are warranted.
The public has a right to expect that solid waste laws are followed, environmental reporting is accurate, and landfill records truthfully reflect the waste being accepted and disposed of within the State of West Virginia. Given the substantial discrepancy between reported records and the information provided by witnesses, former employees, and public statements, an independent investigation is necessary to determine the extent of any violations and to ensure compliance with state law and environmental regulations.
REQUESTED OUTCOME
If the Public Service Commission determines that violations of West Virginia law, PSC regulations, landfill reporting requirements, or disclosure requirements occurred, I respectfully request that the Commission consider the following corrective and enforcement actions:
A full audit and review of landfill records, annual reports, tonnage reports, scale house records, and disclosure documentation.
Correction and amendment of inaccurate reports, records, or filings regarding the origin of waste accepted at the Pocahontas County landfill.
Appropriate disciplinary action, reprimands, or corrective measures for employees, supervisors, or management personnel found to have failed to follow applicable laws and reporting requirements.
Mandatory training for all landfill employees, supervisors, management personnel, and Solid Waste Authority representatives regarding current West Virginia solid waste laws, reporting requirements, disclosure requirements, and recordkeeping obligations.
Development and implementation of written policies and procedures to ensure all waste accepted at the landfill is properly documented, reported, and tracked in accordance with state law.
Review of after-hours access policies, including the issuance of keys or other access privileges to commercial haulers, to ensure proper oversight and documentation of all waste entering the facility.
Independent verification procedures to ensure that waste origin disclosures are properly obtained, maintained, and reported going forward.
Review of the performance and oversight responsibilities of Solid Waste Authority board members to determine whether adequate supervision, compliance oversight, employee training, and reporting controls were exercised.
Consideration of removal, replacement, or non-reappointment of board members found to have ignored reporting deficiencies, failed to provide oversight, failed to ensure compliance with applicable laws, or failed to ensure employees received proper training regarding legal reporting requirements.
Any additional enforcement actions, penalties, corrective measures, or compliance requirements deemed appropriate by the Commission.
The ultimate goal of this complaint is to ensure compliance with West Virginia law, accurate reporting, proper employee training, effective oversight, accountability for violations, and the restoration of public trust in the operation and management of the Pocahontas County landfill.
Local Citizen Complaint
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