WV Solid Waste Authorities

West Virginia's fifty local Solid Waste Authorities (SWAs) were created in 1989 by W.Va. Code §22C-4. The Legislative intent was to protect the public health and welfare with a comprehensive program of solid waste collection, processing, recycling and disposal, managed for the most part, on the local level. Responsibilities of the authorities include but are not limited to acquisition, construction of and/or operation of solid waste facilities; local and/or regional solid waste planning; siting approval of commercial solid waste facilities; coordinating public education and awareness; solid waste and litter control project coordination/ management and many other thing consistent with W.Va. Code §22C-4.

Administrative Guide for Solid Waste Authorities

Administrative Guide Page

The purpose of this document is to provide initial instruction to new SWA board members and provide a resource for SWA veterans detailing the operational aspects of their county and/or regional Solid Waste Authorities (SWAs). Subjects covered in the guide include SWA administration, business procedures, solid waste planning, issuing certificates of siting approval for solid waste facilities, SWMB grants, recycling and market development, the role of education in solid waste management, cleaning up open dumps, enforcing mandatory disposal and operating and closing solid waste authority owned facilities.

Solid Waste Planning

Comprehensive Litter and Solid Waste Control Plan Update Template and Legislative Rule (Comp Plan)

Commercial Solid Waste Facility Siting Plan Update Template and Legislative Rule (Siting Plan)

The states fifty county and regional solid waste authorities are responsible for providing the Solid Waste Management Board with their Comprehensive Litter and Solid Waste Control Plan and Commercial Solid Waste Facility Siting Plan. These plans are to be updated every five years. Instructions for completing the plans can be found in the Solid Waste Authority Administrative Guide. The required format and content of both plans are denoted in detail in Title 54 Legislative Rules, Series 3 and 4 (links on Code/Rules tab above).

Audit Information

Basic Steps in Procuring an Audit and Audit Materials Guide

WV Auditors' Office Chief Inspectors Division

The SWMB has been informed by some authorities that the current CPA list on the Auditor's website may not be the most current they have. The SWMB is sugessting that any authority needing to start the audit process should first, call the Chief Inspectors Division for information about the list and process.

Solid Waste Authorities are required under WV Code §22C-4-9a(j) to have annual financial examinations. The Business & Financial Assistance Section provides advice and assistance to the states local solid waste authorities in meeting the requirements of WV Code §6-9-7 (see SW Code/Rules link above) in obtaining the required financial examinations and audits. For further assistance, contact someone from the SWMB Business & Financial Assistance Section.

Administrative Assistance

Open Meetings Handbook

The Ethics Act

Conducting proper public meetings and actions in an ethical manner can sometimes be questionable. Thankfully, the Office of the Attorney General and the Ethics Commission have information readily available to assist solid waste authorities with most of their commonly asked questions. The most recent versions of the Open Meetings Handbook and the Ethics Act can be accessed through the links above. For additional information on handling Freedom of Information Act (FOIA) requests, guidelines for accepting and soliciting gifts, door prizes, and giveaways for conferences, check out their websites.

State Grants Available to Authorities

SWMB-DEP Grant Overview

Information on the SWMB and DEP-REAPs grant programs for solid waste authorities. For current SWMB grant forms, reporting forms and information, click on topics at right under "Quick Links".

Mandatory Disposal

WV Code §22C-4-10 requires that everyone in the state dispose of their garbage legally. WV Code §22-C-4 gives the SWAs the authority to promulgate rules to that effect and reads as follows:

WV Code §22-C-4-23(3): The authority board of directors shall promulgate rules to implement the provisions of sections nine and ten of this article and is authorized to promulgate rules for the purposes of this article and the general operation and administration of authority affairs.

State law requires households to do one of the following with their solid waste; (1) subscribe to and use an approved solid waste collection service; (2) have proof that your waste was disposed of at an approved solid waste facility. The following methods of waste disposal are illegal:

• It's illegal to burn solid waste - WV Code §22-5-3;

• It's illegal to bury solid waste - WV Code §22-15-10;

• It's illegal to dump solid waste into a roadside dump - WV Code §22-15-10;

• It's illegal to create an open dump on your property - WV code §22-15-10.

Penalties for noncompliance can be severe.

Recycling Equipment Exchange

Recycling Equipment Exchange Page - COMING SOON

From time to time, most authorities that manage recycling programs have equipment that, for one reason or another, they can no longer use. The Recycling Equipment Exchange Page provides a format where authorities can sell, lease, donate or otherwise transfer used equipment to another program for continued use.

If your authority is in need of equipment you should check this page to see if someone else has something you can use. If you have equipment that you don't need and are willing to transfer that equipment to another authority, contact someone from the Recycling, Planning and Market Development Section for additional assistance.